Terms of Service

Agreement to Terms

By accessing or using Focal Point Productivity ("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. These Terms constitute a legally binding agreement between you and Mile High Software Solutions LLC ("we", "us", or "our").

Description of Service

Focal Point is a productivity application that provides task management, note-taking, project organization, document storage, calendar integration, and related features. The service includes both free and premium subscription tiers with varying features and storage limits as described on our Pricing page.

Service Availability and Changes

We reserve the right to modify, suspend, or discontinue the App or any part of it at any time, with or without notice. We may also change, add, or remove features, impose usage limits, or modify pricing for future subscription periods. We will make reasonable efforts to notify you of material changes. We are not liable for any modification, suspension, or discontinuation of the service.

Beta and Experimental Features

We may offer beta or experimental features that are provided "as is" and may be modified or discontinued at any time without notice. Beta features may contain bugs, may not work as expected, and are not covered by any service level commitments. Your use of beta features is at your own risk.

Eligibility

To use Focal Point, you must:

• Be at least 13 years of age (or 16 in the European Economic Area)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the service under applicable law

By using the App, you represent and warrant that you meet these eligibility requirements.

Export Control and Sanctions

You may not use the App if you are located in a country subject to U.S. government embargo, or if you are on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export control laws and regulations.

User Accounts

To use certain features of the App, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach
• Maintain only one account per person

We reserve the right to suspend or terminate accounts that violate these requirements.

Subscriptions and Payments

Focal Point offers free and premium subscription tiers:

• Free tier: Core features with limited storage (100 MB) as described on our Pricing page
• Premium tier: Enhanced storage (2 GB), additional features, and collaboration capabilities for a monthly or annual fee

Subscriptions are billed through the Apple App Store or Google Play Store. Payment terms are governed by the respective app store's policies. You can cancel your subscription at any time through your device's subscription settings. Cancellation takes effect at the end of the current billing period, and you will retain access to premium features until then.

We do not offer refunds for partial subscription periods. For refund requests, please contact the respective app store.

Storage Limits

We may enforce storage limits by restricting uploads, disabling additional storage, or modifying access to content that exceeds applicable limits.

If your Premium subscription lapses and your stored documents exceed the free-tier 100 MB quota:

• 30-day grace period: For 30 days after your subscription lapses, you can still view, download, and delete all your documents, even those exceeding the free quota. Editing and uploading are not permitted during this period.
• After the grace period: Documents exceeding the 100 MB free quota become restricted. You can see document names, sizes, and dates, and you can delete documents, but you cannot view, download, or edit their content.
• Restoring access: You can delete documents to bring your total storage under 100 MB, which immediately restores full access to your remaining documents. Alternatively, resubscribing to Premium restores full access to all documents.
• No automatic deletion: We never automatically delete your documents. All content is retained indefinitely regardless of your subscription status.

Documents within shared projects are governed by the Shared Projects and Collaboration section below and are not counted toward your personal storage quota.

Shared Projects and Collaboration

Premium subscribers may create and share projects with other users. Editing content within shared projects requires an active Premium subscription for each participating user. If your subscription lapses:

• Shared projects you participate in become read-only — you can view all content and download documents, but cannot create, edit, or delete content
• No project data is deleted when a subscription lapses
• Full editing access is restored when you resubscribe to Premium

If all project owners' subscriptions lapse, the project becomes read-only for all members. After 180 days with no paying owner, the project may be automatically archived. Archived projects are not deleted and can be restored by any owner resubscribing.

Project Ownership Transfer

The primary owner of a shared project may transfer ownership to another project member at any time. When ownership is transferred:

• The selected member becomes the new primary owner
• The previous owner is retained as a co-owner (if they have an active Premium subscription) or as a read-only member (if their subscription has lapsed)
• Additional members may be promoted to co-owner during the transfer
• If the new owner has an active Premium subscription, full editing access is restored for all Premium members immediately

Your Content

Ownership

You retain full ownership of all content you create, upload, or store in the App ("Your Content"), including tasks, notes, documents, and images. We do not claim any ownership rights to Your Content.

License to Us

By using the App, you grant us a limited, non-exclusive, royalty-free, worldwide license to store, process, transmit, and display Your Content solely for the purpose of providing and improving the service. This license terminates when you delete Your Content or your account.

Shared Content

When you share content through projects or other collaboration features, you grant other authorized users the right to view and interact with that content as permitted by your sharing settings. You are responsible for the content you choose to share and with whom you share it.

Your Responsibility

You are solely responsible for Your Content, including its legality, reliability, and appropriateness, and for ensuring that you have all necessary rights, licenses, and consents to create, upload, and share such content. We do not control user content and are not responsible for content shared between users.

Prohibited Content and Conduct

You agree not to use the App to create, upload, share, or store content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Infringes on any patent, trademark, copyright, or other intellectual property rights
• Contains malware, viruses, or other malicious code
• Is sexually explicit or pornographic
• Promotes violence, discrimination, or illegal activities
• Contains personal information of others without their consent
• Is spam or unsolicited commercial content

You also agree not to:

• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the service or servers
• Use automated means to access the service without our permission
• Reverse engineer, decompile, or disassemble the App
• Circumvent any security features or access restrictions
• Use the service to harm minors in any way

Third-Party Integrations

The App offers optional integrations with third-party services, including Google Calendar and YouTube. By enabling these integrations:

• You authorize us to access data from these services on your behalf
• You agree to comply with the third party's terms of service
• You understand we are not responsible for the third party's practices or content
• You can disconnect integrations at any time through the App settings

Third-party integrations are provided "as is" and we make no warranties regarding their availability, accuracy, or functionality.

Copyright and DMCA

We respect intellectual property rights and expect our users to do the same. If you believe content on the App infringes your copyright, please see our DMCA Policy for information on submitting a takedown notice.

Repeat Infringer Policy: We will terminate the accounts of users who are determined to be repeat copyright infringers. We may also terminate accounts after a single instance of infringement in appropriate circumstances.

Content Removal and Moderation

We reserve the right, but are not obligated, to:

• Review content for compliance with these Terms
• Remove or disable access to any content that violates these Terms
• Take action against users who violate these Terms
• Cooperate with law enforcement when required

We are not responsible for monitoring all content and do not endorse any user content.

Account Termination

Termination by You

You may delete your account at any time through the App settings. Upon deletion, your data will be permanently removed within 30 days, except as required for legal compliance or legitimate business purposes.

Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms or our policies
• Your conduct may harm us, other users, or third parties
• We are required to do so by law
• We discontinue the service

Upon termination, your right to use the App ceases immediately.

Inactive Accounts

Accounts with no login activity for 24 months may be flagged for deletion. Before deleting an inactive account, we will notify you via email at your registered address and provide a reasonable opportunity to log in and retain your account. If no action is taken, the account and all associated data will be permanently deleted.

Survival

The following provisions shall survive termination: Your Content (License to Us), Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Arbitration, and Governing Law.

Intellectual Property

The App, including its design, features, code, graphics, and content (excluding user content), is owned by Mile High Software Solutions LLC and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the App without our express written permission.

Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The App will be uninterrupted, secure, or error-free
• Results obtained from the App will be accurate or reliable
• Any errors will be corrected
• The App will meet your specific requirements

No Warranty for Data: WE ARE NOT RESPONSIBLE FOR ANY LOSS, CORRUPTION, OR DELETION OF YOUR CONTENT. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF IMPORTANT DATA. We recommend regularly exporting or backing up any content that is important to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MILE HIGH SOFTWARE SOLUTIONS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE APP.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY.

Indemnification

You agree to indemnify, defend, and hold harmless Mile High Software Solutions LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the App
• Your Content, including claims that Your Content infringes third-party rights
• Your violation of these Terms
• Your violation of any law or third-party rights
• Your sharing of content with other users
• Any dispute between you and another user

Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting a notice in the App, updating the "Last updated" date, or sending you an email. Your continued use of the App after changes take effect constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using the App.

Governing Law

These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict of law principles.

Dispute Resolution and Arbitration

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App shall be resolved through binding arbitration on an individual basis, rather than in court, except where prohibited by law. Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Colorado, unless you and we agree otherwise.

Class Action Waiver: YOU AND WE AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found unenforceable, then the entirety of this arbitration provision shall be null and void.

Exceptions: Either party may bring claims in small claims court if the claim qualifies. Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the service.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to support@milehighsoftwaresolutions.com within 30 days of first using the App. If you opt out, disputes will be resolved in the state or federal courts located in Colorado, and you consent to the personal jurisdiction of such courts.

General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and DMCA Policy, constitute the entire agreement between you and us regarding the App.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms. We may assign our rights to any successor or affiliate.
• No Agency: Nothing in these Terms creates a partnership, joint venture, or agency relationship.
• Force Majeure: We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Contact

For questions about these Terms, contact us at:

Mile High Software Solutions LLC
support@milehighsoftwaresolutions.com