Welcome to FocusedZen. These Terms of Service (“Terms”) govern your use of the FocusedZen mobile app and websites (together, the “Service”). The Service is provided by Luke Phillip Donnet, trading as FocusedZen (ABN 85 771 836 684) (“FocusedZen”, “we”, “us”, “our”). By creating an account or using the Service you agree to these Terms. If you do not agree, please do not use the Service.
1. Eligibility
You must be at least 18 years old to use the Service. By using it, you confirm you are 18 or over and able to enter into a binding contract. The Service is not directed to children. If you are using it for an organisation, you confirm you are authorised to bind that organisation, and “you” means both you and the organisation.
The Service is not available where prohibited by applicable sanctions law.
2. Your account
You sign in through our login provider, Kinde. You are responsible for keeping your account secure and for activity under it. Tell us promptly if you suspect unauthorised use, at support@focusedzen.com. Please give accurate account information.
3. The Service
FocusedZen helps you focus. It plays calming music and video, lets you build and run focus sessions, and offers optional features: scheduling sessions around gaps in your connected calendar, turning on Slack Do Not Disturb during a session, keeping a short private note about how a session went, and using shared sessions with a team. We improve the Service over time, so features may change, be added, or be removed.
FocusedZen is a general wellness and productivity product. It is not medical advice, not a medical device, and not a crisis service. Please read our Wellness Disclaimer.
4. Subscriptions and billing
4.1 Plans. Some features require a paid subscription. Current plans, features, and prices are shown on our pricing page.
4.2 Who you pay. For web subscriptions, we use Paddle as our payments merchant of record. Your purchase contract is with Paddle; your contract for the Service is with us. For subscriptions bought inside the mobile app, the relevant app store (Apple or Google) handles payment under its own terms. Paddle (or the app store) handles tax collection where it applies.
4.3 Auto-renewal. Paid subscriptions renew automatically at the end of each billing period (for example, monthly or annually) at the then-current price for your plan, until you cancel. At sign-up you will see, clearly and before you pay: the plan and its length, the price and the renewal price, that it renews automatically until cancelled, and how to cancel. We send a renewal reminder where the law requires one.
4.4 Free trials. If we offer a free trial and you do not cancel before it ends, it converts to a paid subscription at the price shown at sign-up, and your payment method is charged on that date. You can cancel any time before the trial ends from your account settings.
4.5 Cancellation. You can cancel at any time from your account settings or by contacting us. Cancellation takes effect at the end of the current billing period, and unless the law requires otherwise we do not give partial refunds for the current period.
4.6 Price changes. If we change your plan’s price, we will tell you by email at least 30 days before it takes effect. You can cancel before then if you do not agree.
4.7 Refunds. Except where the law requires otherwise, subscription fees are not refundable once paid. If a serious problem stops you using the Service and we cannot fix it, contact us and we will work it out with you. Specific consumer rights also apply:
- EU/EEA consumers: you have 14 days to withdraw from a subscription. Because we provide digital access immediately, you ask us to start straight away and acknowledge you lose the withdrawal right once access begins; we honour lawful withdrawals made before then.
- UK consumers: the same 14-day right applies under the Consumer Contracts Regulations 2013.
- Australian consumers: our services come with guarantees that cannot be excluded under the Australian Consumer Law. If the Service fails a consumer guarantee you may be entitled to a remedy, which for a major failure you choose (and may include a refund). Nothing here limits those rights.
- App-store purchases: refunds for purchases made through Apple or Google are handled by that store under its policy.
4.8 Teams. For a team plan, the person or organisation that bought the subscription is responsible for payment and for managing seats. For team billing questions, contact billing@focusedzen.com.
4.9 Chargebacks. If you have a billing concern, please contact us first at billing@focusedzen.com so we can help.
5. Acceptable use
You agree not to:
- use the Service unlawfully or in breach of these Terms;
- disrupt or interfere with the Service, exceed rate limits, probe for vulnerabilities without authorisation, or scrape it at scale;
- reverse engineer or try to extract the source code, except where the law does not allow that restriction;
- use the Service to harass or harm anyone, or to send malicious code or spam;
- share your account credentials, except as allowed for team accounts; or
- use the Service to build a competing product or to train a machine-learning model on its content without our written consent.
6. Your content
You can create content in the Service, including session plans and your private session notes (“Your Content”). You own Your Content. You give us a limited licence to host, store, back up, and show it back to you, only to provide the Service. If Your Content includes personal information, we handle it as described in our Privacy Policy. You are responsible for Your Content, and we do not review it in the ordinary course of running the Service.
7. Our content
Everything in the Service that is not Your Content, including the music, video, text, graphics, and software, is owned by us or our licensors and is protected by law. We give you a limited, personal, non-transferable licence to use the Service for your own use, under these Terms. The FocusedZen name and logo are our marks; please do not use them without our written consent.
8. Third-party services
If you connect a third-party service such as your calendar or Slack, your use of it is governed by that service’s own terms. We are not responsible for third-party services, and related features may change if those services change.
9. Feedback
If you send us feedback or ideas, we may use them without obligation to you.
10. Termination
You can close your account at any time in your settings or by contacting us. We may suspend or end your access if you breach these Terms, if the law requires it, or if we reasonably suspect fraud or abuse. Where practical we will give you notice. Sections that by their nature should survive (including 6, 7, 9, 11, 12, 13, and 14) survive termination.
11. Disclaimers
Our services come with consumer guarantees that cannot be excluded under the Australian Consumer Law, and you may have similar non-excludable rights under the law of your country (including the UK, the EU, Canada, and US states). Nothing in these Terms excludes or limits those rights.
Subject to that, the Service is provided “as is” and “as available”. To the maximum extent the law allows, we do not warrant that it will be uninterrupted, error-free, or secure, and we disclaim other warranties not expressly stated.
12. Limitation of liability
Nothing in these Terms limits liability that cannot be limited by law, including liability under non-excludable consumer guarantees, or for death or personal injury caused by negligence, or for fraud.
Subject to that, to the maximum extent the law allows, we are not liable for indirect, incidental, or consequential loss, or for lost profits, revenue, data, or goodwill; and our total liability for any claim relating to the Service will not exceed the amount you paid us for the Service in the 12 months before the claim. Where a consumer guarantee applies and the law permits us to limit liability for it, our liability is limited to supplying the services again or paying the cost of doing so.
13. Governing law
These Terms are governed by the laws of New South Wales, Australia, and the courts of New South Wales have jurisdiction. If you are a consumer resident in the EU, UK, or Canada, the mandatory consumer-protection law of your place of residence still applies and you may be able to bring proceedings there. Before filing a claim, please contact us at support@focusedzen.com so we can try to resolve it.
14. Changes and general
We may update these Terms as the Service or the law changes. We will post the updated Terms and update the effective date, and tell you about material changes by email or in the Service. Continuing to use the Service after changes take effect means you accept them.
These Terms, with the Privacy Policy, Cookie Notice, and Wellness Disclaimer, are the entire agreement between us. If part of them is unenforceable, the rest still applies. Our not enforcing a right is not a waiver of it. You may not transfer these Terms without our consent; we may transfer them in connection with a sale of the business. Neither of us is responsible for delays beyond our reasonable control.
15. Contact
Luke Phillip Donnet, trading as FocusedZen (ABN 85 771 836 684), 1/457-459 Elizabeth Street, Surry Hills, NSW 2010, Australia. Email: support@focusedzen.com.