Terms of service

Effective Date: February 1st, 2024

 

1. Introduction

Welcome to Focais! By accessing or using our website (focais.com) and services, you agree to comply with and be bound by these Terms of Service. If you do not agree with these terms, please do not use our website or services.

 

2. Use of Our Website and Services

  • Eligibility: You must be at least 18 years old or the legal age of majority in your jurisdiction to use our services. By using our website, you represent and warrant that you meet this eligibility requirement.
  • Account Registration: To access certain features of our website, you may be required to create an account. You agree to provide accurate and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • Prohibited Activities: You agree not to engage in any of the following activities:
    • Using our website for any unlawful purpose or in violation of any applicable laws.
    • Interfering with or disrupting the operation of our website or services.
    • Attempting to gain unauthorized access to our systems or accounts.
    • Using our website to distribute spam, viruses, or other harmful content.
    • Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of our website without our express written permission.
  • Third-Party Links: Our website may contain links to third-party websites or services that are not owned or controlled by Focais. These links are provided for your convenience only.
    • Focais does not endorse or assume any responsibility for the content, privacy practices, terms of use, or conduct of any third-party websites or services. You access and use any third-party websites at your own risk. Focais shall not be liable for any damages, losses, or harm resulting from your interaction with or reliance on any third-party content or services.
    • We encourage you to review the terms and privacy policies of any third-party websites you visit.

 

3. Intellectual Property

  • Ownership:
    • All content on focais.com, including text, graphics, logos, images, and software, is the property of Focais or its licensors and is protected by intellectual property laws.
    • You may not use, reproduce, or distribute any content without our express written permission.
    • All trademarks, logos, and service marks displayed on the website are the property of Focais or its licensors.
    • You may not use, copy, modify, or distribute any content, trademarks, or branding materials from the website without prior written consent from Focais.
    • Unauthorized use of any Focais intellectual property may result in legal action.
  • License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and services for personal and non-commercial purposes, subject to these Terms of Service.

 

4. Third-Party Payment Processing

  • All payments made through our website are processed securely by a third-party provider, Shopify Inc. By making a purchase on our website, you agree to be bound by Shopify’s terms of service and privacy policy, which govern the processing of your payment information. You can review Shopify’s terms here and privacy policy here.
  • Focais does not collect, store, or have access to your full payment details, and we make no representations or warranties regarding the services provided by Shopify. To the fullest extent permitted by law, Focais! disclaims any liability for damages, losses, or breaches of data that arise from or are related to Shopify’s handling of your payment information or the functionality of its payment processing services.

 

5. Disclaimers and Limitation of Liability

  • Disclaimers: Our website and services are provided on an "as-is" and "as-available" basis without any warranties of any kind, either express or implied. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.
  • Limitation of Liability: To the maximum extent permitted by law, Focais and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or damages arising from your use of or inability to use our website and services.

 

6. Indemnification

You agree to indemnify, defend, and hold harmless Focais and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of our website or services, your violation of these Terms of Service, or your violation of any rights of another person or entity.

 

7. Product Liability and Warranty Disclaimer

  1. Reseller Status: Focais LLC ("Seller") acts solely as a reseller of the products and is not the manufacturer. Focais does not engage in the design, production, or manufacturing of the products and has no control over the manufacturing process, quality standards, or materials used.
  2. No Warranties: The Seller expressly disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the products. Focais makes no representation or warranty as to the performance, durability, safety, or reliability of the products.
  3. Limitation of Liability: In the event of any product defect, malfunction, failure, or damage (including but not limited to property damage, bodily injury, or economic loss) arising from the use or performance of the products, the Seller shall bear no liability. All liability for product defects, malfunctions, or damages rests exclusively with the manufacturer.
  4. Manufacturer Claims: Focais shall have no obligation to repair, replace, or refund any defective or damaged products except to the extent that the manufacturer has expressly agreed to cover such claims. Any claims for product defects, malfunctions, or damages must be directed to the manufacturer.
  5. Waiver of Claims: The Buyer hereby waives and releases the Seller from any and all claims, demands, liabilities, damages, costs, and expenses (including attorneys' fees) arising out of or relating to product defects, malfunctions, failures, or damages, whether in contract, tort, strict liability, or otherwise, to the fullest extent permitted by law.
  6. Survival: This limitation of liability and warranty disclaimer shall survive the termination or expiration of this Agreement and shall remain binding upon the parties and their successors, assigns, and legal representatives.

 

8. Termination

  • Termination by Focais: We reserve the right to suspend or terminate your access to our website and services at any time, with or without notice, for any reason, including but not limited to your violation of these Terms of Service.
  • Termination by You: You may terminate your account and discontinue your use of our services at any time by following the instructions provided on our website.
  • Focais is not responsible for any loss or inconvenience resulting from account termination.

 

9. Governing Law and Dispute Resolution

  • Governing Law:
    • These Terms of Service and your use of our website and services are governed by and construed in accordance with the laws of Wyoming, without regard to its conflict of law principles.
    • All disputes shall be resolved exclusively through binding arbitration in Jackson, Wyoming.
    • You agree to waive any right to trial by jury or to participate in a class action lawsuit.
    • Arbitration will be conducted in English, and the arbitrator’s decision shall be final and binding.
  • Dispute Resolution: Any disputes arising out of or related to these Terms of Service or your use of our website or services will be resolved through binding arbitration in accordance with the rules of Wyoming. The arbitration will take place in Cheyenne, Wyoming, and the arbitrator's decision will be final and binding. You waive any right to participate in a class action lawsuit or class-wide arbitration.

 

10. Changes to These Terms of Service

We may update these Terms of Service from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any significant changes by posting the new terms on our website and updating the effective date at the top of this page. Your continued use of our website and services after the changes take effect constitutes your acceptance of the revised terms.

 

11. User-Generated Content

  • Users may post reviews, comments, or other content, provided that it is not unlawful, offensive, threatening, defamatory, or otherwise objectionable.
  • Focais retains the right to remove or modify any user-generated content at its sole discretion.
  • By posting content, you grant Focais a non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, and display the content in any media.
  • Focais is not responsible or liable for any content posted by users.

 

12. Shipping & Delivery

  • Focais strives to process all orders within 1 to 3 business days of receipt. However, all orders are fulfilled in the order they are received, and no guarantee is made regarding processing or shipping times.
  • Focais is not responsible for delays caused by the shipping carrier, customs clearance, or other factors beyond our control.
  • Once an order has been handed off to the carrier, Focais assumes no responsibility for loss, damage, or delays in transit.
  • If an order is marked as "delivered" by the carrier but is not received by the customer, Focais is not liable for replacement or refund.

 

13. Privacy and Data Security

  • Focais is committed to protecting your privacy and personal information.
  • Our Privacy Policy, available here, explains how we collect, use, and store your data.
  • By using our website, you consent to the collection and use of your personal information as described in our Privacy Policy.
  • You have the right to request access to, modification of, or deletion of your personal data.
  • We will never sell your personal data to any third-parties.

 

14. Force Majeure
Focais shall not be held liable for any delay or failure to perform due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, wars, strikes, supply chain disruptions, and government actions.

 

15. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us at:

Focais
Email: contact@focais.com