Focusly App Terms and Conditions
The capitalized terms used in these Terms and Conditions have the following meanings:
- App – the mobile app available in App Store and Google Play Store under the name “Focusly”, through which Focusly provides Users with the services available after the User has registered.
- Focusly Sp. z o. o. (hereinafter: the “Company” or “Focusly“) – FOCUSLY Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, at ul. Skierniewicka 16/20, 01-230 Warsaw, entered in the Register of Businesses of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Department of the National Court Register, with the KRS Number: 0000906254, REGON Business ID Number: 389239372, NIP Tax ID Number: 1133035742.
- Password – means a sequence of letters, digits or other characters selected by the User at the time of Registration in the App, used to secure access to the User Account on the website.
- Account – means an individual panel of the User in the App, enabled for the User by Focusly after the User has registered.
- Terms and Conditions – these App Terms and Conditions.
- Registration – means an act performed as defined in the Terms and Conditions which is necessary for the User to use the App’s functionalities.
- Agreement – means an agreement for the provision of App services by electronic means, executed, in compliance with these Terms and Conditions, between Focusly and the given User, whose wording is defined herein.
- User – an adult natural person with full legal capacity who has registered an Account in the App, authorized to use the services provided by Focusly in accordance with the Terms and Conditions.
2. General Provisions
- The Terms and Conditions set out the terms and conditions of use of the services available through the App and provided by Focusly to Users. The services available through the App are in particular development and psycho-educational materials, meditations, attentiveness practices and mindfulness challenges.
- Focusly is the owner and administrator of the App.
- The Terms and Conditions are an integral part of the Agreement which is concluded by the User commencing to use the App.
- Materials made available to Users as part of the individual services in the App and the appearance and content of the App are the property of Focusly and are protected under the Copyright and Neighbouring Rights Act of 4 February 1994 (consolidated text: Journal of Laws of 2021, item 1062, as amended). These Terms and Conditions set out the terms and conditions of use by the User of the services and the App, which are subject to legal protection.
- Focusly hereby informs Users that, owing to the public nature of the Internet through which the services are provided, the use of those services may entail the risk of third party interference with the data transmitted between Focusly and the User. Focusly draws the User’s attention specifically to the risk involved in unauthorized access to the User Account in the App when the User remains logged into their Account in the App while not using it at the time.
- Focusly stipulates that, during periods of maintenance of ICT systems, access to the services may be impaired or impossible. Focusly’s liability to Users in that respect is disclaimed. However, Focusly undertakes to exercise utmost diligence to ensure that such inconvenience occurs as seldom as possible or lasts for the shortest possible time.
- All opinions and comments posted by Users in the App reflect their private views. Focusly is not obliged to monitor the content (Users’ comments or opinions) posted in the App. Focusly is not liable for the content of private opinions or comments posted by Users in the App especially where such Users’ posts breach any third party rights.
3. Technical Requirements to Use the App
- A mobile device (mobile phone or tablet) with access to the Internet is required for downloading the App. The following technical requirements need to be jointly satisfied for using the services available through the App:
- access to a device for browsing the web or using mobile applications;
- active connection of the mobile device to the Internet;
- Android operating system version 8.0 or above or an iOS operating system version 12.0 or above, correctly installed on the mobile device;
- cookies enabled.
4. Registration of the Account in the App. Membership
- In order to use the services available in the App, the User should create an Account.
- For Registration purposes, the User should fill in the registration form made available by Focusly in the App by providing their personal data: name and surname, and e-mail address, as well as Apple or Google Play ID credit or debit card details (if applicable).
- The User should complete all the fields in the registration form, unless a field is marked as optional.
- The User is required to set a Password consisting of at least six characters.
- The information entered in the registration form should refer only to the User and it should be true and accurate.
- The User should read and acknowledge these Terms and Conditions by checking the appropriate box in the registration form.
- After the completed registration form has been sent, the User Account is registered. At this point in time, the Agreement for the provision of the Account operation service by electronic means is executed and the User is given access to the Account and the services made available through the Account.
- A User who has correctly registered becomes a member and may log into their Account free of charge.
- If the User chooses to log in via Facebook, Focusly collects personal data such as the username and e-mail address.
- In the course of use of the services, Focusly may ask the User to provide certain personalized User information.
5. License to Use the App
- The services provided through the App are only available to the Users who have created an Account in the App and logged into their Account in the App.
- The User is obliged to provide Focusly only with true personal data on the basis of which Focusly assesses the User’s compliance with the formal conditions specified in the Terms and Conditions which are necessary for the provision of the services through the App.
- The User is obliged to protect the login information enabling access to the User’s Account in the App, in particular by not disclosing such information to third parties.
- The User may only use their own Account in the App. The User must not make their Account available for use to third parties, either.
- App services are intended exclusively for Users’ own use and may not be used, in part or in full, for any other purposes, in particular of commercial, advisory or information nature for others, or for comparative or information purposes.
- The User is obliged to use the services provided through the App only in compliance with the Terms and Conditions, the applicable law and good practices customary for the use of the Internet and services provided through it.
- When using the services provided through the App, the User must not:
- publish, in the App, any unlawful materials or content, including materials or content which infringe the rights of Focusly or third parties, content which is offensive, vulgar or otherwise contrary to the law or rules of social conduct; in particular, the User is not allowed to: publish any personal data or images of third parties, publish the content of private conversations or communication with third parties, without the prior consent of such persons, or instructions or guidance on how to impersonate another User, or instructions or guidance in connection with copyright breaches; or abuse electronic communication means in a way which results in loss of stability of operation or overload of the ICT systems directly or indirectly involved in the provision of the services by Focusly.
- Focusly stipulates that the cost of Internet connection and the costs associated with the use of the terminal devices by means of which the User uses Focusly’s services is not borne by Focusly.
- Focusly hereby grants the User a non-exclusive license to use the services available through the App and to use the App for the duration of the Agreement only in the manner specified in the Terms and Conditions. The User’s use of the services available through the App and the App does not give rise to the User acquiring any rights to the services and the App, including copyright and moral rights, derivative copyright, or industrial property rights. The aforesaid license entitles the User to use the materials made available as part of the services exclusively for the User’s own use directly related to the use of the App. The materials referred to in the preceding sentence may be, exclusively for that purpose: displayed on the screen of the device used by the User for the use of the services, saved in the memory of such a device, or recorded on any electronic storage media.
6. Services Provided under the Agreement
- The App is used to:
- provide content streaming services;
- enable the User to create an Account;
- provide services in the form of personalized content and training;
- process payments for the services.
- Focusly provides the services by electronic means to Users who have registered the service 24 hours a day, 7 days a week.
- Focusly reserves the right to choose and change the type, form, timing and method of allowing access to selected services, of which it will notify Users in the manner prescribed for amending the Terms and Conditions.
- The User should use the services taking into account their health and fitness level. In particular, any User suffering from chronic diseases (or other diagnosed diseases), with prior injuries, and pregnant women, should consult a physician before using the service.
- Focusly is not liable for health consequences of use of the recommendations received as part of the service which result from the User’s health condition, or failure to apply or incorrect application of the guidance or instructions received.
- Despite the use of utmost diligence by Focusly, the services do not guarantee that the effect expected by the User will be achieved.
- Users can make use of the services available through the App in three ways:
- “Basics” free trial period: a free-of-charge program which gives access to selected free meditations;
- Paid subscription: a subscription-fee based program which gives access to all content, including the free trial period (“Subscription Program”). Users have access to the Subscription Program when their subscription is paid and active. Access to a free trial period of the Subscription Program is possible in accordance with the then applicable promotional offer. All subscription services are provided through the App. The User can become a subscriber to the Subscription Program by purchasing a subscription to the services within the App, where allowed by the App store operator. If a subscription is purchased through the Apple iTunes Store or iPhone App, the sale is final, and no refund can be provided. The purchase is subject to Apple’s applicable payment policy, which also may not provide for refunds. If a subscription is purchased through the Google Play store, the sale is final and no refund can be provided. The purchase is subject to Google’s applicable payment policy, which also may not provide for refunds;
- Focusly offers monthly, quarterly and annual subscription options. For the purposes of Focusly’s monthly, quarterly and annual subscriptions, a month constitutes 30 calendar days, a quarter constitutes 90 calendar days and a year constitutes 365 calendar days.
- The “Monthly” subscription is paid once a month. For each month in which the monthly subscription is active, the User acknowledges and confirms that Focusly is authorized to charge the same Apple or Google account as was used for the initial subscription fee or other payment method (the “Payment Method”) in the amount of the monthly subscription fee as at the time of subscription renewal. The monthly renewal subscription fees will continue to be billed using the payment method selected by the User, automatically until the subscription is cancelled. Refunds cannot be claimed by the User for any partial-month subscription period.
- “Annual” and “Quarterly” subscription is paid for by an upfront one-off payment with automatic annual renewals. Users hereby acknowledge and confirm that Focusly is authorized to bill using the Payment Method used for (i) the initial annual subscription fee at the rate set at the time of purchase, and (ii) the renewal subscription fee at the non-discounted rate in effect at the time of any such renewal. Refunds cannot be claimed by the User for any partial subscription period.
- The User agrees to promptly notify Focusly of any changes to the Payment Method selected, made during a subscription period. The User is responsible for paying all applicable fees and charges, including applicable taxes, and all subscriptions purchased thereby.
- In the course of using certain services available through the App, the third party payment service provider may receive and apply updated credit card information from the User’s credit card issuer in order to prevent the User’s subscription from being interrupted by an outdated or invalid card. This updated credit card information is provided to Focusly and Focusly’s third party payment service provider at the sole discretion of the User’s credit card issuer. The User’s credit card issuer may give the User the right to opt out of the update service. To that end, the User should contact their credit card issuer.
- Focusly’s obligation to provide the services only arises when Focusly has received the User’s order and confirmed the User’s purchase to the User by sending an e-mail to the e-mail address provided at the time of Registration. Focusly will confirm the User’s order after a subscription is purchased by sending the User an e-mail to confirm their access to the subscription purchased. The order number should be quoted in all subsequent correspondence with Focusly.
- The prices quoted in the App include applicable taxes, unless otherwise stated.
8. Subscription Renewals
- All service subscriptions renew automatically using the payment information recorded in the User Account.
- If a subscription with automatic renewal is purchased, the User acknowledges and confirms that Focusly is authorized to use the payment information for billing the renewal fee.
- The date on which the User’s subscription will automatically renew is provided in the Account and in the payment confirmation e-mail sent after the User’s initial purchase.
- The User may cancel automatic subscription renewal at any time before the above date through their Account or by contacting Focusly at email@example.com.
9. Payment Information
- By providing payment information to Focusly, the User warrants that the payment information is valid (1) in respect of the User or (2) in respect of an individual who has authorized the User to use their payment information for the subscription purchase.
- If the User provides someone else’s payment information, the User acknowledges that Focusly may refund the payment to that person if they so request and if the payment is eligible for a refund under this payment policy. This may cause interruption or termination of the services provided to the User.
10. Withdrawal from the Agreement
- The User acknowledges and confirms that as a consumer they are not entitled to withdraw from the Agreement governing the provision of the services by Focusly if:
- Focusly provides digital content which is not recorded on a physical medium and the User has expressly consented for Focusly to begin the performance of the Agreement with the User before the end of the 14 days’ withdrawal period.
- the User agrees to waive their right to withdraw from the Agreement once the Agreement has been fully performed by Focusly (once the User has started watching the training videos provided through the website) and the User expressly agrees that Focusly begins the performance of the Agreement before the end of the 14 days’ withdrawal period.
- Thus, the User hereby acknowledges that they lose their right to withdraw from the Agreement.
11. Blocking or Deleting the Account in the App
- Should the User post content which breaches the law or the Terms and Conditions, Focusly may block the User’s ability to use the services for the time necessary to clarify the matter or delete the content which breaches the law or the Terms and Conditions.
- The User represents that they acknowledge and understand that blocking by Focusly of the possibility to use the services in accordance with the Terms and Conditions does not result in the interruption or suspension of the Account’s term of validity.
- Focusly stipulates, to which the User hereby consents, that it may block the User’s Account in the App if the User continues to breach the provisions of the Terms and Conditions during the time required to clarify the matter or to eliminate the breach of the Terms and Conditions by the User, in spite of having been notified of such a breach.
- The User represents that they acknowledge and understand that blocking by Focusly of the User’s Account in the App in accordance with the Terms and Conditions will result in temporary loss by the User of the possibility to use some or all the services available through the App, to which the User hereby consents.
- The User represents that they acknowledge and understand that blocking by Focusly of the User’s Account in the App in accordance with the Terms and Conditions does not result in the interruption or suspension of the Account’s term of validity.
- The User may delete their account in the App at any time.
- For information on the possibility of subscription refunds, please refer to the subscription plan and payment terms information presented in VII. Subscriptions.
- Focusly stipulates, to which the User consents, that Focusly may delete the User’s Account in the App if the User:
- grossly breaches the Terms and Conditions in spite of having been notified of such a breach;
- breaches the Terms and Conditions in spite of the earlier blocking of the User’s Account in the App.
- The User represents that they acknowledge and understand that the deletion of the User’s Account in the App results in irreversible loss of all information accumulated therein by the User.
- The User represents that they acknowledge and understand that the deletion by the User of the Account in the App constitutes termination by the User of the Agreement with immediate effect.
- Any complaints filed in connection with the use by the User of the services provided through the App should be filed in writing and sent to Focusly’s registered office address or sent in electronic form to: firstname.lastname@example.org.
- Complaints should be filed within 7 (seven) days of the date of occurrence of the event warranting the filing of the complaint.
- A complaint should include the particulars of the User filing the complaint, a brief description of the event warranting the complaint and the statement of grounds for the complaint, as well as the course of action requested from Focusly.
- The complaint will be examined within 14 (fourteen) days of the date of receipt thereof, and the User filing the complaint will be notified of the response in an e-mail sent to the e-mail address designated by the User and used by the User for communication in connection with their use of the App.
- Focusly reserves the right to amend the Terms and Conditions for important reasons in connection with a change of:
- the terms and conditions of provision of the services;
- the terms and conditions of use of the services;
- the App’s functionalities;
- the applicable laws and regulations.
- Any amendments to the Terms and Conditions take effect 14 days after the date of their publication in the App. Each User will be additionally notified of the content and scope of amendments to the Terms and Conditions by Focusly by means of a notice of the amendments to the Terms and Conditions sent to the User’s e-mail address.
- The User may have disputes arising from these Terms and Conditions resolved either before common courts or by alternative dispute resolution methods, e.g., through mediation after the completion of the complaint process, with Focusly’s consent (for details go to: https://uokik.gov.pl/spory_konsumenckie.php).
- Matters not addressed herein are governed by the laws of Poland.
- All disputes arising in connection with the User’s use of the services will be resolved, if necessary, by a Polish common court having material jurisdiction, on the basis of the Polish law and in the Polish language.
- If any provision of the Terms and Conditions is found to be or is deemed invalid in light of a final and binding court ruling, all the remaining provisions of the Terms and Conditions remain in full force and effect.