Terms of service.

You must be at least 13 years old to use Focally. In jurisdictions where the minimum age for online services is higher (typically 16 in the EEA and UK), you must meet that higher age. By using Focally you represent that you meet the applicable minimum age and that you have the legal authority to enter into these Terms.

You are responsible for any activity that happens under your account. Keep your credentials confidential, use a strong password, and notify us immediately if you suspect unauthorized access. We may suspend or terminate accounts that violate these Terms or that are used for unlawful, abusive, or fraudulent activity.

You retain ownership of everything you upload to Focally — your photos, videos, bio copy, links, and other materials (“Your Content”). You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and deliver Your Content for the sole purpose of operating the Service (including rendering your public bio page and generating thumbnails or other formats needed for delivery). This license ends when you delete the content or your account, except for backups that are rotated out within 90 days.

You represent that you own or have the rights to use Your Content, including from any people depicted in your photos, and that publishing it through Focally will not violate any law or third-party right (including copyright, trademark, publicity, or privacy rights).

You agree not to use Focally to:

— publish content that is illegal, infringing, defamatory, hateful, sexually explicit involving minors, or that incites violence;
— impersonate another person or misrepresent your affiliation with anyone;
— distribute malware, phishing pages, or unsolicited commercial content (spam);
— attempt to gain unauthorized access to other accounts or to our infrastructure;
— interfere with the Service, scrape it beyond reasonable use, or reverse engineer it except where allowed by law;
— use Focally as a platform for activities that violate sanctions, export controls, or applicable law.

We may remove content or suspend accounts that violate these rules, with or without notice depending on the severity of the violation.

Focally has a free tier and a paid Pro tier. Pro subscriptions are billed in advance on a recurring basis through Stripe. You may cancel at any time from the billing portal; cancellation takes effect at the end of the current billing period and you retain access until then. Fees already paid are non-refundable except where required by law.

We may change pricing or features. Material changes that affect your active subscription will be announced by email at least 14 days before they take effect.

The Focally name, logo, website, dashboard interface, and underlying software are owned by us and protected by copyright, trademark, and other laws. These Terms do not grant you any rights to use our intellectual property except as needed to access the Service.

If you believe content on Focally infringes your copyright, send a notice to dmca@focally.me that includes: identification of the copyrighted work; identification of the infringing material with a URL; your contact information; a statement that you have a good-faith belief that the use is not authorized; a statement under penalty of perjury that the information is accurate and that you are the rights holder or authorized to act for them; and your physical or electronic signature. We will respond to valid notices in accordance with the U.S. Digital Millennium Copyright Act.

You may delete your account at any time from the dashboard. We may suspend or terminate your account if you breach these Terms, if required by law, or if continued operation of your account presents a security or fraud risk. On termination, your right to use the Service ends immediately; provisions that by their nature should survive (ownership, disclaimers, limitations of liability, dispute resolution) will survive.

The Service is provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including fitness for a particular purpose, merchantability, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or fully secure. To the maximum extent allowed by law, you use the Service at your own risk.

To the maximum extent allowed by law, our total liability arising out of or relating to the Service shall not exceed the greater of (a) the amount you paid us in the twelve months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars. We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility. Some jurisdictions do not allow these limitations; in those places our liability is limited to the maximum extent permitted.

You agree to defend, indemnify, and hold us harmless from any claim, loss, or expense (including reasonable attorneys' fees) arising from your use of the Service, Your Content, or your violation of these Terms or any law.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law principles. Any dispute arising out of or related to these Terms shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts. This section does not deprive consumers of any non-waivable rights they have under local law.

We may update these Terms from time to time. Material changes will be announced at least 14 days before they take effect. Continued use of the Service after the effective date means you accept the updated Terms.

Questions about these Terms? Email legal@focally.me or visit our contact page.