ReFocus AI Terms of Service
Last updated: 9/11/2020
We recognize you may not agree with or cannot comply with these terms. If so, please immediately cease using our Service. If you have any questions or concerns about these terms, please contact us at Support@ReFocus.com.
2. Your Obligations and responsibilities in Using the Services
You are solely responsible for ensuring that your use of our Online Services complies with all applicable laws, rules and regulations; you acknowledge it is your responsibility to discover and understand what laws, rules and regulations may apply.
You shall: (a) have sole responsibility for the accuracy, quality, and legality of all information you provide to ReFocus; and (b) take commercially reasonable efforts to prevent unauthorized access to, or use of, the Service, and notify ReFocus promptly of any unauthorized access or use. You shall not: (i) use the Service to process data on behalf of any third party other than you; (iii) modify, adapt, or hack the Service or otherwise attempt to gain or gain unauthorized access to the Service or related systems or networks; (iv) falsely imply any sponsorship or association with Us; (v) use the Service in violation of Laws; (vi) knowingly send or store Malicious Code in connection with the Service; (vii) knowingly interfere with or disrupt performance or integrity of the Service or the data contained therein; or (viii) attempt to gain access to the Service or its related systems or networks; (ix) use the Service in any way that infringes or interferes upon any person’s intellectual property rights.
You shall be responsible for any loss of data or attempted or actual access or use of the Service(s) through Your Account in violation of these Terms.
3. Access to the Service
You may not be able to access or use the Service(s) (a) during planned downtime for upgrades and maintenance to the Service(s) (of which We will use commercially reasonable efforts to notify You in advance through Our Service(s)) (“Planned Downtime”), or (b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the Internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.
We will use commercially reasonable efforts to schedule Planned Downtime for weekends and other off-peak hours.
4. Changes To Service Terms
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
ReFocus may amend these Terms at any time in its sole discretion by posting a revised version of the Terms. Unless stated otherwise, access to or continued use of the Service after the effective date of any revised Terms constitutes your acceptance of the revised Terms. You are expected to check this page frequently, so you are aware of any changes to the Service. If you do not agree to the new Terms, you are no longer authorized to use the Service. You are responsible for ensuring that all persons who access the Service through your login information and/or internet connection are aware and comply with these Terms.
Certain features of the Service may require your acceptance of Additional Terms. You must agree to the additional terms before using the features to which they apply. These Terms and the additional terms will apply equally. To the extent the additional terms conflict with these Terms, these Terms prevail.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at email@example.com.
When subscribing to our Services or otherwise entering into a transaction with Us (“Purchase”), You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. ReFocus does not store or have access to any payment information.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons; fraud or an unauthorized or illegal transaction is suspected.
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a quarterly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. By submitting payment information under Section 6 of these Terms, you agree and authorize ReFocus AI to charge all Subscription fees incurred through your account to any such payment instruments.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it, or ReFocus AI cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the ReFocus AI customer support team.
Should automatic billing fail to occur for any reason, ReFocus will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. ReFocus reserves the right to cancel, suspend, or otherwise terminate any account that does not fulfill, satisfy, or complete payment of any payment.
8. Free Trial
ReFocus may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up for a Free Trial, you will not be charged by ReFocus until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, ReFocus AI reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
9. Fee Changes
ReFocus AI, at its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. ReFocus AI will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We issue refunds for Contracts within thirty (30) days of the original purchase of the Contract. ReFocus may issue refunds at a prorated rate commensurate with the date of termination by ReFocus or You.
11. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with Terms. You agree not to use Service: (1) in any way that violates any applicable national or international law or regulation; (2) to impersonate or attempt to impersonate ReFocus, a ReFocus employee, another user, or any other person or entity; (3) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend ReFocus or users of Service or expose them to liability.
You further agree not to:
(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through Service.
(b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
(c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
(h) Take any action that may damage or falsify ReFocus rating.
(i) Otherwise attempt to interfere with the proper working of Service.
ReFocus reserves the right to terminate Your access to the Service without for any violation of the above rules.
We may use a third-party partner to collect metadata associated with Your use of the Services. Whenever You, Your Agents or End-Users interact with or use Our Services, We automatically receive and record information on Our server logs from the browser or device, which may include metadata, “cookie” information, and the type of browser and/or device being used to access the Services. You understand that this information may contain information that would identify You or anyone acting on Your behalf, subject to the laws of Your jurisdiction or any other term contained herein. When We collect this information, We use it to provide the Services or for other purposes as described elsewhere in these Terms.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
14. Intellectual Property
ReFocus, the Service and its original content, including any information, graphic, artwork, text, video clip, audio clip, trademark, logo, and other content provided on or through the Service (collectively, “Content”), are and will remain the exclusive property of ReFocus AI. You must not reproduce, distribute, modify create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Service. The Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ReFocus AI.
If you print, copy, modify or download any part of the Service in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, destroy all or any copies of the materials. There is no right or interest in or to the Service or any content on the Service transferred to you, and all right not expressly granted – in written form – by ReFocus.
Nothing contained in these Terms grant by implication, estoppel, or otherwise, any license or right in or to use ReFocus’s trademark, logos or service marks, trade secrets or other intellectual property embodied in the Service. Unauthorized use of any of the Content or intellectual property may violate the law.
15. Error Reporting and Feedback
You may provide us either directly at Support@refocusai.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) ReFocus may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) ReFocus is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the ReFocus and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
16. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by ReFocus AI.
ReFocus AI has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third–party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT REFOCUS AI SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD–PARTY WEB SITES OR SERVICES THAT YOU VISIT.
17. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY REFOCUS ON AN “AS IS” AND “AS AVAILABLE” BASIS. REFOCUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
Your use of the Service is at your own risk.
NEITHER REFOCUS NOR ANY PERSON ASSOCIATED WITH REFOCUS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER REFOCUS NOR ANYONE ASSOCIATED WITH REFOCUS REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
REFOCUS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF REFOCUS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF REFOCUS, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
By using the Service, you acknowledge and agree that the above limitations of liability together with other provisions in these Service Terms that limit liability are essential terms and that ReFocus would not grant you the rights set forth in these Service Terms but for your agreement to the above limitations of liability.
We reserve the right to terminate or suspend your account to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. You may also terminate Your account by discontinuing Use of the Service and notifying ReFocus of your intention to terminate. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. In the event Your account is terminated for whatever reason, We shall retain data associated with Your use of the Services, in an anonymized way.
20. Governing Law
By agreeing to these Terms, you agree that these Terms shall be governed and construed in accordance with the laws of the State of Delaware without regard to its conflict of law provisions. You further agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in the State of Delaware and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
You agree to indemnify and hold ReFocus harmless against any claim brought by a third party against Us, and their respective employees, officers, directors and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Service(s) by You. ReFocus reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide ReFocus with such cooperation as is reasonably requested by ReFocus.
22. Waiver And Severability
No waiver by ReFocus of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ReFocus to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
24. Contact Us
Please send your feedback, comments, requests for technical support:
By email: Support@refocusai.com.