1. Acceptance of Terms
By downloading, installing, or using FocusSam ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.
FocusSam is operated by Wimeki ("we," "us," or "our").
2. Description of Service
FocusSam is a mobile application designed to help users overcome procrastination and task paralysis by providing AI-powered task breakdown and focus coaching. The App is not a task manager, calendar, or productivity planning tool.
3. User Accounts
You may be required to create an account to access certain features of the App. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to:
- Provide accurate and complete information when creating your account
- Update your information to keep it current
- Notify us immediately of any unauthorized use of your account
- Not share your account credentials with others
4. Subscriptions and Payments
4.1 Free Tier
FocusSam offers a free tier with limited AI coaching actions, basic task breakdowns, and core focus mode features.
4.2 Pro Tier
The Pro subscription provides unlimited AI coaching, advanced stuck recovery, personalization features, and deeper progress insights. Subscription details and pricing are available within the App.
4.3 Billing
Subscriptions are billed through the Apple App Store or Google Play Store. Billing terms, renewal, and cancellation are governed by the respective platform's policies.
4.4 Refunds
Refund requests are handled by the Apple App Store or Google Play Store in accordance with their refund policies.
5. Acceptable Use
You agree not to:
- Use the App for any unlawful purpose
- Attempt to gain unauthorized access to the App's systems or other users' accounts
- Interfere with or disrupt the App's services
- Reverse engineer, decompile, or disassemble the App
- Use the App to transmit harmful or malicious content
- Use automated systems to access the App in a manner that exceeds reasonable use
6. Intellectual Property
The App, including its content, features, and functionality, is owned by Wimeki and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.
7. AI-Generated Content and Disclaimer
The App uses artificial intelligence ("AI") to generate task breakdowns, coaching suggestions, and other content. You expressly acknowledge and agree that:
- AI-generated content is provided solely for general informational and entertainment purposes and does not constitute professional, medical, psychological, legal, financial, or any other form of expert advice.
- AI systems may produce inaccurate, incomplete, misleading, or inappropriate outputs ("hallucinations"). Wimeki makes no representations or warranties regarding the accuracy, reliability, completeness, or suitability of any AI-generated content.
- You are solely responsible for evaluating and acting upon any AI-generated content. Any reliance you place on such content is strictly at your own risk.
- Wimeki shall not be liable for any damages, losses, harm, or adverse outcomes arising from or related to AI-generated content, including but not limited to decisions made, actions taken, or actions not taken based on such content.
- AI-generated content may change without notice and is not guaranteed to be consistent across sessions.
8. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. WIMEKI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the foregoing, Wimeki makes no warranty or representation that:
- The App will meet your requirements or expectations
- The App will be uninterrupted, timely, secure, or error-free
- Any results or outcomes obtained from the App will be accurate, reliable, or beneficial
- Any defects or errors will be corrected
- The AI-generated suggestions, task breakdowns, or coaching content will be suitable, accurate, or appropriate for your situation
- The App will not cause harm, loss, or damage of any kind
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WIMEKI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, data, use, goodwill, or other intangible losses
- Personal injury or property damage
- Emotional distress or psychological harm
- Any damages arising from or related to AI-generated content, including hallucinations or inaccurate outputs
- Any damages resulting from your use of or inability to use the App
- Any unauthorized access to or alteration of your data
- Any conduct or content of any third party on the App
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE), EVEN IF WIMEKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL WIMEKI'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE APP EXCEED THE AMOUNT YOU HAVE PAID TO WIMEKI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR TEN DOLLARS ($10.00 USD), WHICHEVER IS LESS.
10. Indemnification
You agree to indemnify, defend, and hold harmless Wimeki, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the App; (b) your violation of these Terms; (c) your reliance on AI-generated content; or (d) your violation of any rights of a third party.
11. Waiver of Claims and No Monetary Relief
By using the App, you expressly waive and release Wimeki from any and all claims, demands, causes of action, and suits of any kind, whether known or unknown, that arise from or relate to your use of the App or any AI-generated content provided therein. You agree that you shall not seek or be entitled to any monetary damages, compensation, refunds (except as required by the applicable app store's refund policy), or financial relief of any kind from Wimeki in connection with your use of the App.
12. Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved through binding individual arbitration rather than in court. You waive any right to participate in a class action lawsuit or class-wide arbitration. The arbitration shall be conducted in accordance with the rules of a recognized arbitration body in the jurisdiction where Wimeki operates.
You agree that any arbitration shall be limited to the dispute between you and Wimeki individually. To the extent permitted by law, no arbitration shall be joined with any other proceeding, nor shall any class action procedures apply.
13. Termination
We may terminate or suspend your account and access to the App at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes through the App or by other means. Your continued use of the App after changes are posted constitutes acceptance of the revised Terms.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Wimeki operates, without regard to its conflict of law provisions.
16. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
17. Contact Us
If you have questions about these Terms, please contact us at:
Email: admin@wimeki.com