Terms of Use

A. Binding Agreement.

These Terms of Use (the “Agreement”) are a binding contract between you and XCOOL US INC.. Unless we clearly say otherwise, there are no third-party beneficiaries of this Agreement.

B. Your Agreement to the Terms.

You confirm that you have read, understood, and agree to this Agreement (i) when you create an account, or (ii) when you browse, use, or access any part of the Service (even without an account), including if the Service is offered through a third party. If you do not agree, you must not use the Service.

C. Supplemental Terms.

Some parts of the Service may have extra or specific terms (for example, for particular software, apps, promotions, or regions). These supplemental terms apply in addition to this Agreement. If there is a conflict, the supplemental terms will control for that specific Service. If you do not agree to those supplemental terms, you may not use that part of the Service.

D. Changes to These Terms.

We may update this Agreement and/or add new terms for the Service. When we make a material change that is adverse to you, we will give you 30 days’ advance notice, unless that is not reasonable due to:

·        legal, regulatory, or governmental action,

·        security, privacy, or technical integrity concerns,

·        the need to avoid service disruptions, or

·        events beyond our reasonable control (e.g., natural disaster, war).

You are responsible for checking these Terms from time to time. If you keep using the Service after changes take effect, you are deemed to accept the updated Agreement. If you do not agree, you must stop using the Service. Our customer service team is not authorized to change this Agreement.

E. Accounts and Your Responsibilities.

Using the Service may require: compatible devices, Internet access, specific software, and a Focusaur account. You are responsible for:

·        making sure your devices, connections, and software are suitable and updated;

·        providing accurate, current, and complete information (for example, your contact information);

·        not impersonating others or misrepresenting your affiliation; and

·        keeping your account information (including any parent/guardian details) truthful.

You are responsible for all activity under your account. You agree to defend, indemnify, and hold XCOOL US INC. harmless from any claims arising out of the use of your account, whether or not you personally authorized that use.

F. Passwords and Security.

You must keep your username and password confidential and take reasonable steps to protect them. You agree to:

·        notify us promptly if you suspect any unauthorized use of your account or any security breach;

·        understand that we are not liable for losses caused by someone else using your account; and

·        understand that you may be held liable for losses we or others suffer because of unauthorized use of your account.

You may not use anyone else’s account without their permission.

G. Availability of the Service

The Service (or some features) may not be available in all languages or countries. We do not promise that the Service is appropriate or available in any particular location. If you choose to use the Service, you do so on your own initiative and must comply with all Applicable Laws. “Applicable Law” means the laws and regulations that apply to your use of the Service, including the laws of the country/region where you reside and/or access the Service, and any other laws that apply to the Service or to us or our affiliates in connection with providing it.

Some products or services may be available only online, may have limited quantities, and may be returnable only under our After-sales Policies, available at: on our official website (or provided to you upon request at support@focusaur.com). If you purchase a physical product through a franchise store, authorized distributor, retailer, or other third-party seller, returns and refunds may be subject to that seller’s return policy and applicable laws in the country/region of purchase. If you purchase directly from us through the Service, returns and refunds are governed by our After-sales Policies.

We try to show product colors and images accurately, but we cannot guarantee that your screen will display them correctly. We may, at our discretion (i) limit sales of products or services to specific persons, regions, or jurisdictions, (ii) limit quantities, (iii) change product descriptions or prices at any time, and (iv) discontinue any product or service at any time. We do not guarantee that products, services, information, or materials will meet your expectations, or that any errors in the Service will be corrected.

H. Electronic Notices

We may send you notices about the Service (including changes to this Agreement) by (i) email to the address you provide, and/or (ii) posting on our website or within the Service. By creating an account and providing your email, you consent to receive legal notices, disclosures, and other communications electronically. These satisfy any requirement that communications be in writing. We may also send you information about our services and promotions, subject to any required prior consent. You can unsubscribe from promotional emails at any time via the unsubscribe link.

I. Eligibility.

By using the Service, you confirm that (i) you are at least 13 years old, or the higher minimum age required in your jurisdiction (see Section VI.A for jurisdiction-specific minimum ages), and (ii) if you are under 18 (or the local age of majority in your jurisdiction), you may only enter into these Terms with the consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. If you use the Service on behalf of a business, you confirm that you are authorized to bind that business to this Agreement.

J. Changes to Service and Prices.

Prices for our products may change at any time without notice. We may modify or discontinue the Service (or any part of it) at any time, without notice, and we will not be liable to you or any third party for doing so.

K. Errors, Inaccuracies, and Omissions.

Sometimes our website or service may contain errors or omissions (for example, in product descriptions, pricing, promotions, shipping, or availability). We may (i) correct any errors or omissions, and (ii) change or update information or cancel orders at any time (including after you submit an order), where permitted by law. We are not obligated to update information in the Service unless required by law.

L. Purchases & Payments

This Section L applies to one-time physical product purchases (e.g., Focusaur Devices and accessories). For Focusaur Pro Subscriptions and AI Credit Packs purchased within the Application, see Section M (Subscriptions, In-App Purchases, and Auto-Renewal).

To purchase products, you may need to provide billing, shipping, and Payment Card details (credit or debit card). You confirm you are authorized to use any Payment Card you submit and allow us to charge it for the product cost, plus applicable taxes, shipping, and handling.

Your order is an offer to buy products. We first send you an Order Confirmation Email acknowledging that we received your order. We accept your offer and form a sale contract only when we dispatch the product and send you a dispatch confirmation email.

Returns, refunds, and cancellations are governed strictly by the mandatory consumer protection laws and statutory rights applicable in your jurisdiction (including the country or region where you reside). We do not offer any additional commercial warranty or return policy beyond what is mandated by Applicable Law. If you believe you are entitled to a return or refund under your local laws, please contact us at support@focusaur.com.

We may allow you to use payment services like Shopify, Shop Pay, Stripe, Affirm, Afterpay, PayPal, or Google Pay. These are third parties, and your use of them is governed by their own terms, privacy policies, and refund policies. You are responsible for reviewing those policies.

M. Subscriptions, In-App Purchases, and Auto-Renewal

(a) Focusaur Pro Subscription. Focusaur offers an optional paid subscription, “Focusaur Pro” (the “Pro Subscription”), which unlocks additional features described in the Application. Pro Subscriptions are sold as monthly or annual recurring subscriptions and are billed through Apple App Store (for iOS users) or Google Play (for Android users) at the price and currency displayed at the point of sale, plus applicable taxes.

(b) Auto-Renewal. Pro Subscriptions automatically renew at the end of each billing period at the then-current price unless you cancel auto-renewal at least 24 hours before the end of the current period. Renewal charges will be billed to the payment method on file with Apple App Store or Google Play.

(c) Managing or Cancelling Your Subscription. You may manage, change, or cancel your Pro Subscription at any time through the system subscription management page of the platform where you purchased it: iOS — Settings → [Apple ID] → Subscriptions; Android — Google Play Store → Subscriptions. Cancellation takes effect at the end of the current billing period; you will retain Pro access until the period ends. Uninstalling the Application does not cancel your subscription.

(d) AI Credit Packs (Consumable In-App Purchases). Focusaur offers AI Credit Packs (e.g., 50, 200, 500 credits) as one-time, consumable in-app purchases. Purchased credits are credited to your Focusaur account and remain available for use for as long as your Focusaur account remains active. Once purchased, AI Credit Packs are non-refundable, except where a refund is required by the policies of Apple App Store or Google Play or by mandatory consumer-protection law. AI Credit Packs are not eligible for “Restore Purchase” because they are consumable; the balance is maintained on our servers and tied to your account, so it follows your account across devices and reinstalls. Closing or deleting your Focusaur account will result in forfeiture of any unused credits.

(e) Gifted Pro Memberships. From time to time, we or our partners may grant Pro entitlements to selected users at no cost (“Gifted Pro”). Gifted Pro is not a paid subscription, does not auto-renew, and is not managed via Apple App Store or Google Play. Gifted Pro entitlements may be revoked or shortened only if (i) the grant resulted from a verifiable system error or operational mistake, (ii) you materially violated these Terms, or (iii) revocation is required by Applicable Law. We will provide notice of revocation where practicable.

(f) One Active Subscription per Account. A single Focusaur account may hold only one active Pro Subscription at a time. We will use commercially reasonable efforts to prevent duplicate active subscriptions for the same account through different platforms. To switch platforms, please cancel the existing subscription first and wait until it expires. If duplicate charges nevertheless occur due to platform limitations, please contact us; refund requests will be processed through the respective platform in accordance with its policies.

(g) Refunds and Statutory Withdrawal Rights. Refund eligibility for Pro Subscriptions and AI Credit Packs is governed by the refund policies of Apple App Store or Google Play, as applicable, together with mandatory consumer protection laws and statutory rights in your jurisdiction. If you are a consumer in the EEA or the United Kingdom, you have a statutory right to withdraw from distance-sold digital services within 14 days of purchase. By purchasing an AI Credit Pack or commencing use of a Pro Subscription, you expressly consent to immediate performance and acknowledge that, once performance has begun, you may lose your right to withdraw to the extent permitted under the EU Consumer Rights Directive 2011/83/EU Art. 16(m).

(h) Changes to Pro Features and Pricing. We may add, change, or remove features included in Pro from time to time. Subscription price changes will be communicated through Apple App Store or Google Play in accordance with their respective policies. Where required by Applicable Law, additional advance notice may be provided.

(i) Expiration, Refund, or Revocation. Upon expiration, refund, or revocation of your Pro Subscription (and the end of any Gifted Pro), your account reverts to the free Basic tier. Historical data you created (e.g., habits, tags, focus records) is retained, but you may be unable to create or activate additional items beyond Basic limits until you re-subscribe.

II. LICENSE GRANT AND RESTRICTIONS

The Service (including websites, software, content, and community services) and any updates are protected by intellectual property laws and are owned by us or our licensors.

A. User License.

If the Service (or a third party providing our Service) makes software or content available to you, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use it only (i) as part of the Service, (ii) for as long as the Service is made available to you, and (iii) in line with this Agreement and any specific terms that apply. You may not use the Service or its proprietary materials for any other purpose unless expressly permitted.

B. No Sale or Transfer of Ownership.

This is a license, not a sale. You may own your physical device, but we and our licensors own all intellectual property in the Service. Purchasing or accessing the Service does not give you ownership of our websites, software, apps, content, or materials.

C. Restrictions on Use.

As a condition of your license, you must not: (i) disable or bypass any content protection or digital rights management; (ii) create derivative works of the Service, except where allowed by law; (iii) decompile, reverse-engineer, or disassemble the Service or related technology; (iv) remove or alter any copyright, trademark, or other proprietary notices; (v) use the Service in a way that suggests an endorsement or association with XCOOL US INC.. without permission; (vi) use the Service to run or build a business, or reproduce, resell, rent, or trade the Service; (vii) access, monitor, or copy the Service with robots, spiders, scrapers, or similar tools without our written permission; (viii) damage, disable, overload, or impair the Service; (ix) use the Service in any unlawful way or inconsistent with this Agreement; or (x) allow others to do any of the above.

D. Violation.

Any attempt to do any prohibited act above violates our and/or our licensors’ rights. Unauthorized use may result in civil and criminal penalties, including copyright infringement. We may pursue all remedies available.

E. Export Compliance & Civilian Use Only

1. Civilian, Consumer Use Only. Our products and services are consumer products intended for lawful civilian use only. You must not use, or allow anyone else to use, any product or service purchased or obtained from us: (i) for any illegal purpose, or (ii) for any military, defense, weapons, or other prohibited purpose, including design, development, manufacture, testing, or use of weapons or weapons systems.

2. Export Control & Sanctions. Your use of the Service and any products or content you obtain through it may be subject to export control and economic sanctions laws of the United States and other countries. You agree to comply with all Applicable Laws and regulations, including that, unless legally authorized, you will not directly or indirectly export, re-export, transfer (in-country), or otherwise provide any product or service purchased or obtained from us: (1) to any person or entity located, headquartered, or registered in any Sanctioned Country/Region; or (2) to any person or entity listed on a restricted parties list, or to any entity owned (directly or indirectly) 50% or more by such listed parties.

3. Prohibited End Uses. You agree that you will not use any product or service purchased or obtained from us: (i) in connection with nuclear, chemical, or biological weapons; (ii) in connection with missiles or the proliferation of weapons of mass destruction; (iii) for military, defense, or weapons development, testing, or deployment; or (iv) for any other end use prohibited or restricted under applicable export control or sanctions laws.

4. Our Rights and Remedies. We may conduct audits or request information to confirm your compliance with export control and sanctions obligations. If you violate these rules, we may, at our discretion: (i) cancel your orders, (ii) refuse to conduct further transactions with you, (iii) suspend or delete your account, and/or (iv) seek damages from you.

III. YOUR USE OF THE SERVICE

A. Software Updates.

Software provided as part of the Service is the copyrighted work of XCOOL US INC.. We may automatically download and install updates (for example, bug fixes or new features). These updates may be required for you to keep using the Service. You agree to install security-related updates in a timely manner.

B. Other Products and Services.

Some components or features may have separate licenses or terms. You must read and agree to those terms before using those components.

C. Use of Materials.

You may download, view, store, and print materials we make available through the Service only if: (i) you use them for your personal, informational, noncommercial purposes; (ii) you do not modify them (unless we expressly allow it); and (iii) you do not redistribute them.

D. Community Services.

We may offer community features (forums, groups, etc.) as a convenience. You agree that you use community services only for personal, informational, noncommercial purposes; you will not use community content in violation of this Agreement; and you will not store or collect personal data about other users, unless we expressly allow it. We may review and remove materials posted on community services, terminate your access to such services, and disclose information as we deem necessary to comply with law or protect people.

E. AI Services.

(a) Definition. “AI Services” means any feature of the Service that uses artificial intelligence or machine learning technology, including but not limited to: (i) AI Voice Services that convert your voice input into text (automatic speech recognition), process it through a large language model, and generate audio responses (text-to-speech); (ii) AI chatbot interactions through messaging platforms; and (iii) AI-powered focus and productivity features.

(b) How AI Services Work. When you use AI Voice Services through the Device or App, your voice is streamed in real-time to our cloud servers, where it is processed through an AI pipeline involving automatic speech recognition, language model processing, and speech synthesis. Voice audio data is processed transiently and is not retained after the session ends, unless otherwise specified for service improvement purposes with your consent. Conversation transcripts (text) are processed transiently in memory during your active session and are discarded when the connection closes; they are not persistently stored. Instead, our Service only extracts and retains specific conceptual fragments as “AI Memory” (see section (c) below).

(c) AI Memory. Our AI Services may extract and store information from your conversations (such as your preferences, habits, and stated facts) to personalize future interactions (“AI Memory”). AI Memory data is associated with your account. You can view and delete specific AI Memory entries through the Service. You can search and retrieve specific AI Memory entries through voice interaction, and request deletion of specific memories.

(d) Third-Party AI Providers. To deliver AI Services, we use third-party AI service providers that may process your inputs and outputs. These providers are contractually bound to maintain confidentiality and are not permitted to use your data for their own purposes beyond service delivery. Current categories of providers include speech recognition, large language model, and speech synthesis providers (including but not limited to Microsoft Azure). For a more detailed and up-to-date list of our sub-processors, please refer to our Privacy Policy.

(e) AI Output Accuracy. AI-generated content and responses may be inaccurate, incomplete, or inappropriate. AI Services are provided for informational and entertainment purposes only and should not be relied upon as professional, medical, legal, or financial advice. You are responsible for evaluating and verifying any AI-generated output before relying on it.

(f) Restrictions on AI Services Use. You may not: (i) use the AI Services to discover any underlying components, models, algorithms, or systems, including attempting to extract model weights; (ii) use web scraping, web harvesting, or automated data extraction methods on the AI Services; (iii) use the AI Services to generate content that is illegal, harmful, deceptive, or infringes third-party rights; (iv) input personal data of third parties into the AI Services without a lawful basis; (v) use the AI Services in any high-risk application where AI failure could cause physical harm or significant financial loss.

(g) Processing and Storage. We process and store your inputs to and outputs from the AI Services for the following purposes: (i) providing and maintaining the Service; (ii) monitoring for abusive or harmful uses; and (iii) improving the Service (only with your opt-in consent). Data processing is further described in our Privacy Policy.

(h) Third-Party Claims. You are solely responsible for responding to any third-party claims regarding your use of the AI Services in compliance with applicable laws, including but not limited to copyright infringement or other claims relating to AI-generated output.

(i) AI Content Labeling and Use. AI-generated narrative content within the Application (such as weekly, monthly, and annual reports, AI Bot replies, and habit analyses) is clearly labeled as AI-generated. We use your data to generate your reports and insights, and we do not use your data to train third-party foundation models. AI insights are provided for self-reflection only and do not constitute medical, psychological, legal, or financial advice (see also Section (e) above).

F. Your Conduct.

You agree not to use the Service to: post or share unlawful, harmful, threatening, defamatory, obscene, hateful, or otherwise objectionable content; harass, stalk, or violate others’ privacy or publicity rights; infringe or promote infringement of intellectual property rights; request personal information from minors you do not know; falsify or delete copyright information; send spam or unsolicited messages; upload viruses or harmful code; interfere with or disrupt the Service or its networks; collect personal information about other users for prohibited purposes; or violate or promote the violation of any law.

G. Public Beta Features.

From time to time, we may offer Beta Features for testing. Participation is voluntary. We may (i) decide who is eligible, (ii) collect information from your account/devices to support enrollment, and (iii) modify or withdraw Beta Features at any time.

H. Safety and Proper Use of Products.

You must follow all safety instructions, manuals, warnings, and training materials provided with the Product and within the Service. Do not place body parts or objects into moving, heated, cutting, or processing areas during operation and do not operate the Product in an unsafe manner. You are responsible for safe setup, supervision, and use, including compliance with Applicable Law. You assume all risks of personal injury or property damage caused by misuse, unsafe operation, or failure to follow safety instructions, to the extent permitted by law.

I. Use of the Device.

(a) Cloud Dependency. The Focusaur Device requires an active internet connection (WiFi) to function. While the Device stores minimal operational data locally (such as device identifiers, WiFi credentials, and authentication tokens) to maintain functionality, it does not store your conversation content, voice recordings, or AI Memory data locally; all voice processing occurs on our cloud servers. If the Device loses internet connectivity, voice assistant features will be unavailable.

(b) Device Pairing. The Device must be paired with your Focusaur account through the App via Bluetooth. Each Device can only be associated with one active user account at a time. You are responsible for maintaining the security of your paired device.

(c) Firmware Updates. The Device may receive firmware updates automatically over-the-air. Such updates may be required for continued operation of the Device with our cloud services. We will endeavor to maintain backward compatibility but reserve the right to discontinue support for older firmware versions with reasonable prior notice (minimum 90 days for EEA users).

(d) End of Support. If we discontinue the cloud services required for the Device to function, we will provide at least 12 months’ advance notice and will, where commercially reasonable, provide options to maintain basic functionality. For users in the EEA, this does not affect your statutory rights under consumer protection laws regarding the supply of digital content and digital services as part of goods.

(e) Data Transmission. When active, the Device continuously streams audio to our cloud servers for processing during a voice interaction session. No audio is stored on the Device. You should be aware that any voice captured by the Device’s microphone during an active session will be transmitted to our servers.

(f) Motion-Based Features. The Application may use your mobile device’s motion sensors (e.g., accelerometer, gyroscope) to detect significant movement during App-side Deep Focus sessions, in order to determine whether you have ended a focus session by picking up or moving your phone. Motion-sensor readings are processed primarily on-device; aggregate detection outcomes may be transmitted to our servers for session integrity verification and analytics. You can disable App-side Deep Focus at any time through Focus settings.

IV. CONTENT

A. Content Definition.

“Content” includes all information generated or encountered through the Service (data files, text, graphics, photos, logos, etc.). You are solely responsible for any Content you upload, download, post, transmit, or store through the Service.

B. Removal of Content.

You use the Service and any Content at your own risk. We are not responsible for Content provided by others and are not required to screen it. However, we may remove, modify, or refuse any Content at any time if we determine it violates this Agreement or is otherwise objectionable.

C. Backups.

You are responsible for backing up important documents, images, and other Content. We do not guarantee that your Content will never be lost, damaged, or corrupted.

D. Access to Account and Content.

We may access, preserve, and disclose your account information and Content if we believe it is reasonably necessary to: comply with legal process or requests, enforce this Agreement, detect or prevent security, fraud, or technical issues, or protect the rights, property, or safety of XCOOL US INC., users, or the public.

V. SUBMISSIONS & GENERATED CONTENT

A. Submissions.

If you send us ideas, suggestions, or other materials (whether or not we request them), you understand: They are not submitted in confidence, no confidential or fiduciary relationship is created, and you have no expectation of review, compensation, or consideration.

B. Generated Content

We may allow you to submit or create Generated Content that may be publicly visible. Unless we explicitly say otherwise, we do not claim ownership of your Generated Content. However, you grant us a worldwide, irrevocable, sublicensable, royalty-free license to use, reproduce, distribute, display, perform, adapt, modify, transform, create derivative works from, and otherwise exploit your Generated Content in any media now known or later developed. You confirm that: your Generated Content complies with this Agreement; you own or have all necessary rights to it; and you will indemnify us against claims arising from our use of your Generated Content as permitted here.

VI. USAGE RULES

A. Age.

The Service is intended for individuals aged 13 years or older, or the minimum digital age of consent in your jurisdiction, whichever is higher (for example, 16 in Germany, the Netherlands, and Luxembourg; 15 in France and the Czech Republic; 14 in Italy, Austria, and Spain). If you are below the applicable minimum age, you may only use the Service with the verifiable consent of your parent or legal guardian. We do not knowingly collect, use, or disclose personal information from children below the applicable minimum age without verifiable parental consent. If we learn that we have collected personal information from a child below the applicable age without proper consent, we will take steps to delete such information promptly. Parents and guardians should monitor their children’s use of the Service, particularly the AI Voice Services which process voice data, and should be aware that AI conversation features may not be suitable for all ages.

B. Third-Party Services or Platforms.

The Service may interact with third-party websites, apps, or platforms. We do not control these third parties and are not responsible for them. You must review and agree to their terms and privacy policies.

C. Consent to Messages.

You may choose to receive communications (email, text, push notifications). Standard carrier charges may apply. You can opt out of promotional messages at any time.

VII. TERMINATION AND ACCOUNT DELETION

A. Termination by Us

We may suspend or terminate all or part of the Service at any time, without prior notice, if: you violate this Agreement or related policies; you request termination; required by law, court order, or government request; providing the Service to you becomes unlawful; there are unexpected technical or security issues; or you participate in fraud or illegal activities. Upon termination, you may lose access to the Service, and your data may be deleted after a period.

B. Account Deletion by You

You may request deletion of your Focusaur account data at any time through the Application (Profile → Delete Account). A deletion request initiates a 7-day cancellation window, during which you may cancel the deletion by signing back into the Application. After the 7-day period, your Focusaur business data will be permanently removed from our active systems. Deletion via the Application does not delete your unified Passport account; to delete your Passport account, please follow Passport account management instructions. Certain records may be retained where required by law (see Privacy Policy, “How Long We Keep Your Data”). Where Applicable Law requires us to process deletion requests within a specific statutory timeframe (e.g., one month under the GDPR), we will confirm completion within those timeframes after the cancellation window has elapsed.

VIII. DISCLAIMERS

Where allowed by law, and subject to any non-excludable consumer rights: The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We make no guarantees that the Service will meet your needs, be uninterrupted, secure, or error-free, or that any information obtained through the Service will be accurate or reliable. We do not guarantee the Service will be free from viruses or security intrusions. Any material you download is at your own risk. The Service is not intended for use in situations where failure or delays could cause death, personal injury, or serious physical or environmental damage.

AI-SPECIFIC DISCLAIMERS. THE AI SERVICES, INCLUDING AI VOICE SERVICES AND BOT SERVICES, USE MACHINE LEARNING MODELS THAT MAY PRODUCE INACCURATE, INCOMPLETE, BIASED, OR INAPPROPRIATE OUTPUT. AI-GENERATED CONTENT DOES NOT REPRESENT OUR VIEWS OR RECOMMENDATIONS. YOU SHOULD NOT RELY ON AI-GENERATED OUTPUT AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF OR RELIANCE ON AI-GENERATED CONTENT. THE AI MEMORY FEATURE STORES INFERENCES ABOUT YOUR PREFERENCES AND HABITS BASED ON YOUR CONVERSATIONS; THESE INFERENCES MAY BE INACCURATE AND CAN BE REVIEWED AND DELETED BY YOU AT ANY TIME.

NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING MANDATORY CONSUMER PROTECTION LAWS IN YOUR JURISDICTION.

IX. LIMITATION OF LIABILITY

You are responsible for following installation instructions, meeting system requirements, and using customer support resources. We are not responsible for failures caused by your devices, software, or Internet connection. We provide the Service for personal, noncommercial use. If you use it for business, we are not liable for any business-related losses, including loss of profit, revenue, or data. To the maximum extent permitted by law: We are not liable for any indirect, incidental, special, or consequential damages (including lost profits), even if we were advised of the possibility. Our total liability for all claims will not exceed US$1,000.

X. INDEMNIFICATION

To the extent permitted by law, you agree to defend, indemnify, and hold harmless XCOOL US INC. and its affiliates, officers, employees, agents, partners, contractors, and licensors from any third-party claims and expenses (including attorneys’ fees) arising from: Content you submit or share; your use of the Service; your violation of this Agreement; actions we reasonably take while investigating or responding to suspected violations; or your violation of another’s rights.

XI. GOVERNING LAW AND DISPUTES

This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service will be resolved exclusively by final and binding individual arbitration, not in court, before a single arbitrator administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, with the seat of arbitration in Santa Clara County, California, USA, and the proceedings conducted in English. The Federal Arbitration Act and, to the extent not preempted, the laws of the State of California (without regard to conflict-of-law rules) govern this arbitration agreement. The arbitrator may award any relief that a court of competent jurisdiction could award, and judgment on the award may be entered in any court having jurisdiction.

Either party may bring an individual claim in small claims court if eligible, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to enforce this arbitration agreement. You and XCOOL US INC. agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding, and, unless you and XCOOL US INC. agree otherwise, the arbitrator may not consolidate more than one person’s claims.

Mandatory Consumer Protections. Nothing in this Section XI shall override mandatory consumer protection rights available to you under the laws of your country of residence, including the right to bring proceedings in your local courts where so provided by Applicable Law. For consumers in the European Union, the European Economic Area, the United Kingdom, Switzerland, Brazil, and other jurisdictions where pre-dispute arbitration agreements with consumers, or waivers of collective proceedings, are unenforceable, the arbitration and class-action waiver provisions of this Section XI do not apply to the extent prohibited by Applicable Law. In those cases, disputes may be resolved before the competent courts of your country of habitual residence.

XII. ADDITIONAL PROVISIONS

A. Entire Agreement.

This Agreement is the entire agreement between you and XCOOL US INC. regarding the Service and replaces all prior agreements on this subject.

B. Severability.

If any provision of this Agreement is found unlawful or unenforceable, that provision will be removed, and the rest will remain valid.

C. Survival.

Provisions that by their nature should survive termination (including restrictions, disclaimers, limitations of liability, our rights to use submitted content, and dispute clauses) will continue to apply after this Agreement ends.

D. Waiver.

Our failure to enforce any right or provision does not mean we waive it for the future.

E. Privacy.

Your use of the Service is subject to our Privacy Policy available at our website.

F. Contact Information.

If you have questions about these Terms, contact us at support@focusaur.com.

Last Updated: May 29, 2026