1. Acceptance of Terms
These Terms of Service (the "Terms") constitute a legally binding agreement between you and Huichuang Ltd. (汇创) ("Huichuang", "we", "us", or "our") governing your access to and use of the FocusOnNow mobile application, its website, and all related services, features and content (collectively, the "Service"). By downloading, installing, accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
2. Definitions
- "Service" means the FocusOnNow application, website and all related features, including but not limited to task management, voice input, notes, focus timer and music features.
- "User Content" means any text, tasks, notes, photos, images, voice recordings, audio and other materials you create, upload or store through the Service.
- "Account" means the profile you create to access certain features of the Service.
3. About the Service
FocusOnNow is a time management and focus application that provides a card-style task view, instant voice task creation, voice and photo notes, a focus timer with immersive music, and schedule-management tools. We may, at our sole discretion, update, modify, add or remove features of the Service at any time, with or without notice.
4. Eligibility and Account
You must be at least 13 years old (or the minimum age required by the law of your jurisdiction, whichever is higher) to use the Service. If you are between 13 and the age of majority in your jurisdiction, you represent that you have your parent's or legal guardian's permission to use the Service and that they have agreed to these Terms on your behalf.
When you create an Account, you must provide accurate and complete information and keep it up to date. You are solely responsible for safeguarding your Account credentials and for all activity that occurs under your Account. You must notify us immediately of any unauthorized use of your Account.
5. License to Use the Service
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download, install and use the Service for your personal, non-commercial purposes. This license does not grant you any rights in or to the Service other than as expressly stated herein.
6. User Content
You retain all ownership rights in your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, process, reproduce, modify (for technical or display purposes only), and display your User Content solely to the extent necessary to provide, operate, maintain and improve the Service.
You are solely responsible for your User Content and for the consequences of submitting it. You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate these Terms or any applicable law, or infringe the rights of any third party.
7. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service for any unlawful, fraudulent, harmful or unauthorized purpose;
- Upload, transmit or store any content that is illegal, defamatory, obscene, hateful, harassing, threatening, infringing or otherwise objectionable;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Attempt to interfere with, disrupt, disable or gain unauthorized access to the Service, its servers or its systems;
- Use any robot, scraper, or other automated means to access the Service;
- Introduce viruses, malware or other harmful code to the Service;
- Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Service;
- Resell, sublicense, rent, lease or otherwise commercially exploit the Service without our prior written consent.
8. Prohibited Content and Conduct
Without limiting the generality of Section 7, you must not upload or share any User Content that contains, promotes or links to:
- Child sexual abuse material (CSAM) or any content that sexualizes or exploits minors;
- Content used to groom or solicit minors, or any predatory or inappropriate conduct toward minors;
- Hate speech, harassment, bullying, or threats of violence;
- Sexually explicit material, or content promoting illegal activities;
- Malware, phishing materials, or content designed to defraud others.
We have a zero-tolerance policy for child sexual abuse material, child exploitation and the grooming of minors. Any such content will be removed, the associated Account terminated and, where required, the matter reported to the relevant authorities. Please see our Child Safety Policy.
9. Content Moderation and Enforcement
We do not necessarily monitor all User Content, but we reserve the right to review, moderate, remove or refuse to display any User Content that we determine, in our sole discretion, violates these Terms or is otherwise harmful. We may suspend or terminate Accounts for repeated or serious violations. We may also take technical and legal measures to protect the Service and our users.
10. Child Safety and Age Verification
The Service is not directed to children under the age of 13, and we do not knowingly collect personal information from such children. We take the safety of minors seriously and maintain safeguards as described in our Child Safety Policy, which forms part of these Terms. If you believe a minor is using the Service in violation of these Terms, please contact us immediately.
11. Intellectual Property
The Service and its entire contents, including software, design, graphics, text, logos, trademarks and other materials, are owned by Huichuang Ltd. or its licensors and are protected by copyright, trademark and other intellectual property laws. Nothing in these Terms grants you any right, title or interest in the Service other than the limited license described above.
12. Premium Features and Subscriptions
Certain features of the Service may be offered as paid subscriptions or through in-app purchases ("Paid Features"). All purchases are subject to the terms of the relevant app store or payment provider. Prices are subject to change, and purchases are non-refundable except as required by applicable law or the app store's policies. You may cancel a subscription through your app store account settings.
13. Third-Party Services
The Service may contain links to or integrations with third-party websites, services and content, including app stores. We do not control and are not responsible for the content, privacy practices or availability of any third-party service. Your use of third-party services is subject to their own terms and policies.
14. Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis, to the fullest extent permitted by law, without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure or free of viruses, or that any results obtained from using the Service will be accurate or reliable.
15. Limitation of Liability
To the maximum extent permitted by applicable law, Huichuang Ltd., its affiliates, officers, directors, employees and agents shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or other intangible losses, arising out of or in connection with your use of, or inability to use, the Service. Our total aggregate liability arising out of these Terms or the Service shall not exceed the amount you have paid us, if any, in the twelve months preceding the event giving rise to the claim, or one hundred US dollars (USD 100) if no such payments have been made.
16. Indemnification
You agree to defend, indemnify and hold harmless Huichuang Ltd., its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees, arising out of or in connection with (a) your use of the Service, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any law or the rights of a third party.
17. Termination and Suspension
We may suspend or terminate your access to the Service at any time, with or without notice and without liability, including if you breach these Terms or if we discontinue the Service. Upon termination, your right to use the Service ceases immediately. You may stop using the Service at any time. Sections that by their nature should survive termination, including Sections 11, 14, 15, 16 and 19, shall continue to apply.
18. Changes to the Service and these Terms
We may revise these Terms from time to time. If we make material changes, we will provide notice by updating the "Last updated" date at the top of this page and, where appropriate, through the Service. Your continued use of the Service after the revised Terms take effect constitutes your acceptance of the changes.
19. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved by negotiation, it shall be submitted to the competent court having jurisdiction over the place where Huichuang Ltd. is located, subject to any mandatory provisions of the law of your jurisdiction that cannot be excluded.
20. General Provisions
- Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Entire Agreement. These Terms, together with our Privacy Policy and Child Safety Policy, constitute the entire agreement between you and us regarding the Service.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
21. Contact Us
If you have any questions about these Terms, please contact us at support@huichuangltd.com.
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