Focility Terms of Service
Last Updated: March 12, 2025
Introduction
Welcome to Focility. Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the Focility website, mobile applications, and services (collectively, the "Services"), you agree to comply with and be bound by these Terms.
If you do not agree to these Terms, please do not access or use our Services.
1. Definitions
"Focility," "we," "us," or "our" refers to Focility, the company that operates the Focility application and services.
"User," "you," or "your" refers to any individual or entity that accesses or uses our Services.
"Content" refers to all information, text, graphics, photos, videos, software, and other materials that you may access through our Services.
"Smart Devices" refers to any physical devices that you connect to our Services through smart home platforms like HomeKit, Google Home, or Alexa.
2. Account Registration
2.1 Account Creation
To use certain features of our Services, you must register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.
2.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
2.3 Age Restriction
Our Services are not directed to individuals under the age of 13. If you are under 13, please do not attempt to register for an account or provide any personal information.
3. License and Service Use
3.1 License Grant
Subject to your compliance with these Terms, Focility grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use.
3.2 Restrictions
You agree not to:
Use the Services in any way that violates applicable laws or regulations
Sell, resell, license, sublicense, distribute, or otherwise transfer the Services to any third party
Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services
Remove any copyright, trademark, or other proprietary notices contained in the Services
Use the Services to send spam, unsolicited bulk communications, or harmful content
Interfere with or disrupt the integrity or performance of the Services
Attempt to gain unauthorized access to the Services or related systems or networks
3.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of the Services at any time without prior notice or liability.
4. Calendar Integration and Smart Device Control
4.1 Google Calendar and Other Calendar Integrations
When you connect Focility with Google Calendar or other calendar services:
You authorize us to access your calendar information as described in our Privacy Policy
You represent that you have the authority to grant us such access
You acknowledge that we are not responsible for any issues arising from the calendar services themselves
4.2 Smart Home Integration
When you connect Focility to smart home platforms:
You authorize us to control your connected devices according to your configurations
You acknowledge that we are not responsible for the hardware functionality of your smart devices
You understand that device control depends on the continued operation of third-party smart home platforms
You agree that we are not liable for any damage that may occur to your smart devices during normal operation
4.3 Device Control Limitations
You acknowledge that:
The effectiveness of our device control features depends on proper setup and configuration
Network connectivity issues may affect smart device control
Certain device functions may not be fully controllable through our Services
Emergency mechanisms exist to override blocking in urgent situations
5. Content and Submissions
5.1 User Content
You retain all rights to any content you submit, post, or display through our Services. By providing any content, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing our Services.
5.2 Feedback
If you provide us with any feedback or suggestions regarding our Services, you hereby assign to us all rights in such feedback and agree that we have the right to use such feedback without restriction or compensation to you.
6. Subscription and Payment Terms
6.1 Subscription Options
We offer various subscription plans for our Services, which may include free and paid options with different features and limitations.
6.2 Payment Terms
For paid subscriptions:
Prices are stated in the applicable currency before checkout
You agree to pay all fees associated with your chosen subscription plan
Subscription fees are charged at the beginning of each billing period
Unless otherwise stated, subscriptions automatically renew until canceled
6.3 Subscription Changes and Cancellation
You may change or cancel your subscription at any time through your account settings
Cancellations take effect at the end of the current billing period
We do not provide refunds for partial subscription periods unless required by law
6.4 Price Changes
We reserve the right to change our subscription prices. Any price changes will take effect following notice to you.
7. Third-Party Services and Links
7.1 Third-Party Services
Our Services may integrate with or link to third-party services, including but not limited to Google Calendar, HomeKit, Google Home, and Alexa. Your use of such third-party services is subject to their respective terms and privacy policies.
7.2 No Endorsement
We do not endorse, control, or assume responsibility for any third-party content, website, product, or service.
8. Intellectual Property
8.1 Our Intellectual Property
The Services, including all content, features, and functionality, are owned by Focility, its licensors, or other providers and are protected by copyright, trademark, patent, and other intellectual property laws.
8.2 Trademarks
Focility and all related logos, product and service names, designs, and slogans are trademarks of [Your Company Name] or its affiliates. You may not use such marks without our prior written permission.
9. Warranty Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOCILITY AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
ANY CONTENT OBTAINED FROM THE SERVICES
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
ISSUES RELATED TO SMART DEVICE CONTROL OR CALENDAR INTEGRATION
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO FOCILITY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
11. Indemnification
You agree to defend, indemnify, and hold harmless Focility, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any third party right.
12. Term and Termination
12.1 Term
These Terms shall remain in full force and effect while you use the Services.
12.2 Termination by You
You may terminate your account at any time by following the instructions on our Services or by contacting us.
12.3 Termination by Us
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.
12.4 Effect of Termination
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
13.2 Dispute Resolution
Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of [Arbitration Association] in [Your City, State/Country]. The arbitration shall be conducted in English and judgment on the award may be entered in any court having jurisdiction.
13.3 Class Action Waiver
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR FOCILITY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
14. General Provisions
14.1 Entire Agreement
These Terms constitute the entire agreement between you and Focility regarding our Services and supersede any prior or contemporaneous agreements, communications, and proposals.
14.2 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
14.4 Assignment
You may not assign these Terms without our prior written consent, but we may assign or transfer these Terms, in whole or in part, without restriction.
14.5 Notices
We may provide notices to you via email, regular mail, or postings on our Services. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Email: legal@focility.com Address: [Your Company Address]
16. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you through the Services or by email. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.
17. Digital Millennium Copyright Act
If you believe that content on our Services infringes your copyright, please send a notice of copyright infringement to:
DMCA Agent [Your Company Name] [Your Company Address] Email: dmca@focility.com
Your notice must include:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
Identification of the copyrighted work claimed to have been infringed
Identification of the material that is claimed to be infringing
Your contact information
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner