Terms of Service

1. Accepting these Terms

These Terms of Service ("Terms") govern your use of the Focus Pivot website, web application, any mobile applications, and all related features, content and services (together, the "Service"), provided by Focus Pivot ("Focus Pivot", "we", "us" or "our"). "You" means the person using the Service.

You accept these Terms when you create an account, tick a box or click a button that refers to them, or otherwise use the Service. Some features come with additional terms that we present when you use them, such as the terms of a particular offer. Those terms become part of these Terms. If you do not agree, do not use the Service.

2. Our Privacy Policy

Our Privacy Policy explains how we collect, use and share personal information, and our Cookie Policy explains the cookies we use. Please read both. Where these Terms and the Privacy Policy conflict on how personal information is handled, the Privacy Policy controls.

3. Who may use Focus Pivot

• Minimum age. You must be at least 13 years old to use the Service. The Service is not directed to children under 13, and we do not knowingly collect personal information from them. If we learn that an account belongs to a child under 13, we will close it and delete its information. A parent or guardian who believes their child under 13 has given us information can contact us at privacy@focuspivot.com.
• Users under 18. If you are at least 13 but under 18, or under the age of majority where you live, you may use the Service only with the permission and supervision of a parent or legal guardian who has read and agreed to these Terms. That parent or guardian is responsible for your use of the Service and for any purchase made for you.
• Paid plans. To buy a paid plan you must be an adult with legal capacity to enter into contracts, or a parent or guardian buying for a minor.
• Other conditions. You may not use the Service if we have previously closed your account for breaking these Terms, or if US law or another applicable law prohibits you from using it.
• Where the Service is offered. We operate and control the Service with the United States in mind. If you use it from somewhere else, you do so on your own initiative and are responsible for following local law.

4. Your account

• Give accurate, current and complete information when you register, including your date of birth, and keep it up to date.
• Keep your password and the verification codes we send you confidential. Do not share your account. An account is for one person.
• If you sign in with Google or Apple, you can do so only while you have access to that account. Keeping that account secure is your responsibility.
• You are responsible for everything that happens under your account unless it is caused by our own failure to protect it. Tell us at once at support@focuspivot.com if you think someone else has used it.
• We may refuse a registration, or require you to verify an email address or phone number, to protect the Service and its users.

5. What Focus Pivot is, and is not

Focus Pivot is a personal organization tool. It helps you record and review your own information: wallets, transactions, budgets, scheduled payments, debts, assets, goals, habits, plans, tasks, calendars, contacts and organizations, and the reports built from them.

• We are not a bank or a financial institution that holds your money. Focus Pivot does not hold funds, move money or make payments for you. We do not connect to your bank accounts, and we will never ask for your online banking password. You decide what goes into Focus Pivot: you enter it yourself, import a file you downloaded, or photograph a document.
• The Service shows what you give it. Balances, totals, forecasts, scores and reports are calculated from the information in your account. If that information is incomplete or wrong, so are the results. Your bank's and other providers' records are the authoritative ones.
• Features evolve. We may add, change or remove features, and features marked as preview or beta may be incomplete. See section 28.

6. No financial, tax or legal advice

The Service and everything in it, including budgets, goals, suggested payment plans, forecasts, assessments, scores, calculators, analytics and articles, is for general information and personal organization only. None of it is financial, investment, tax, accounting, credit or legal advice. None of it is a recommendation to buy, sell or hold any security or other financial product, or to take any particular action. We are not a registered investment adviser, broker-dealer, tax preparer, credit counselor or law firm.

You are responsible for your own decisions. Before making a significant financial decision, consider consulting a qualified professional who knows your circumstances. Your use of the Service's tools and content is at your own risk.

7. Your content

"Your content" means everything you or people you invite add to the Service: records, notes, files, statements, photos, names, messages and settings. You keep ownership of your content.

You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display your content only as needed to operate, secure, support and improve the Service for you, and as described in our Privacy Policy. This license ends when your content is deleted from the Service, except for copies in backups, which expire on their normal schedule, and anything we must keep by law.

You promise that you have the rights needed to upload your content and that it does not break the law or anyone else's rights. You are responsible for keeping your own copies of anything important.

8. Information about other people

Focus Pivot lets you record information about people and organizations in your life, such as contacts, the people you pay or are paid by, or debts between you, and lets you invite people by email or text message. When you do, you confirm that you are allowed to share that information with us for your personal use, and that you have a reasonable basis to believe the people you invite want to hear from you. Do not add sensitive information about others that you have no right to hold.

9. Connected services and sign-in providers

You may choose to sign in with Google or Apple, or to connect a third-party service such as Google Contacts or Google Calendar. When you do, you authorize us to access and exchange the information you approve on that provider's consent screen, only to provide the feature you turned on. For example, a calendar connection reads and writes events in both directions. You can disconnect at any time in Account Settings or in your account with that provider.

Third-party services are governed by their own terms and privacy policies, not ours. We are not responsible for their availability or their handling of your information.

10. Automated reading of documents and photos

Some features, such as Photo Inbox and statement import, read the documents and photos you upload with automated tools, which may include machine-learning or AI models. Those tools can misread amounts, dates, names or categories. Their results are suggestions. Nothing is added to your records until you review and apply it, and you are responsible for checking what you apply. Do not rely on automated readings for anything with legal or tax consequences without checking them against the original.

11. Acceptable use

You agree not to, and not to help anyone else to:

• break any law, or use the Service for fraud, money laundering or any other unlawful financial activity;
• access an account, data or part of the Service you are not authorized to access, or probe, scan or test its vulnerabilities without our written permission;
• interfere with or overload the Service, or get around any security, rate limit, plan limit or access control;
• copy, scrape, harvest or extract data from the Service by automated means, except through features we provide for that purpose;
• reverse engineer or decompile the Service, except where the law allows it despite this restriction;
• upload malware or content that is unlawful, infringing, harassing, hateful or sexually explicit, or that invades someone's privacy;
• send spam or unwanted invitations, or impersonate anyone;
• resell, rent or sublicense the Service, or use it to build a competing product; or
• create more than one account to get extra trials, discounts or plan allowances.

12. Plans, fees and payment

• Plans. Some features are free and others require a paid plan. The plans, what each includes, and their prices and billing periods are shown on our Plans page and at checkout.
• Price and currency. You pay the price shown at checkout, in the currency shown, for the billing period you choose (for example monthly or yearly), plus any applicable taxes. If a yearly price is also shown as a monthly figure, that figure is for comparison only: the whole yearly amount is charged in advance.
• Payment processing. Payments are processed by our payment provider, Stripe. Focus Pivot does not receive or store your full card number. By buying a plan, you authorize us and Stripe to charge your payment method for the fees, taxes and renewals described in these Terms. You must have the right to use the payment method you provide.
• Failed payments. If a charge fails, we or Stripe may retry it, and you may update your payment method in Billing. If payment cannot be collected, we may move your account to a plan that does not require payment or restrict paid features until payment is made. Your data is not deleted because a payment fails.
• Price changes. We may change our prices. If the price of your plan changes, we will tell you in advance by email or in the Service. The new price applies from your first renewal after the notice period, and you can cancel before it takes effect.

13. Automatic renewal

Paid plans renew automatically. When you buy a paid plan, you agree that it will renew at the end of each billing period for another period of the same length, and that we will charge the payment method on file the then-current price for your plan, plus applicable taxes, at the start of each period. Renewal continues until you cancel.

The price, billing period and renewal terms are shown to you before you confirm your purchase. Your plan's next renewal date is shown in Billing.

To stop future renewals, cancel at least before your next renewal date, as described in section 15. Cancellation stops future charges and does not refund the current period, except as stated in section 15.

14. Free trials

We may offer a free trial of a paid plan, for example when you create an account. The length of each trial and what it includes are shown when it starts.

• A trial that does not ask for a payment method never turns into a paid subscription by itself. When it ends, the paid features stop until you choose a plan. Your data is kept.
• If we ever offer a trial that asks for a payment method, we will tell you before you start the trial when it converts to a paid plan and at what price. You can cancel before that date at no charge.
• Trials are limited to one per person. Creating more accounts to get more trials is not allowed.

15. Cancellation and refunds

• How to cancel. You can cancel a paid plan online at any time. Go to Billing, choose Cancel plan and confirm. You do not need to call or write to us. If you have trouble cancelling, email support@focuspivot.com and we will cancel it for you.
• When it takes effect. Cancellation takes effect at the end of the current billing period. You keep your paid features until then and are not charged again. After that, your account moves to the free plan, and your data stays in your account under the free plan's limits.
• Refunds. Fees are charged in advance and, except as required by law or as stated in an offer you accepted at the time of purchase, are not refundable, including for partly used periods. Where we choose to give a refund or credit in one case, we are not obliged to do the same in another.
• Charges you did not authorize. If you see a charge you do not recognize, contact us at support@focuspivot.com before disputing it with your bank, so we can investigate quickly.

16. Plan limits and plan changes

Each plan includes certain features and may limit how much you can store or use, for example the number of wallets or records. If you reach a limit, the Service may ask you to upgrade before you can add more. If you move to a plan with lower limits and your account holds more than that plan allows, the Service may ask you to choose what to keep active or to stay on a higher plan. We do not delete your data because of a plan change without telling you first.

17. Our content and trademarks

The Service and everything we provide in it are owned by Focus Pivot or its licensors and are protected by copyright, trademark and other laws. This includes software, design, text, graphics, templates, categories and the Focus Pivot name and logo, but not your content. Subject to these Terms, we give you a personal, limited, non-exclusive, non-transferable and revocable license to use the Service for your own personal, non-commercial purposes. We reserve all rights not expressly granted.

"Focus Pivot" and our logos are our trademarks. You may not use them without our prior written permission. Other names and logos in the Service belong to their owners.

18. Feedback

If you send us ideas, suggestions or other feedback about the Service, we may use it for any purpose without restriction or payment to you. Feedback does not include your content, which section 7 covers.

19. Third-party websites and services

The Service may link to or work with websites, products and services that we do not own or control. A link is not an endorsement. We are not responsible for third-party content, products, services or practices, and your dealings with third parties are between you and them.

20. Suspension, termination and closing your account

• Closing your account. You can close your account at any time in Account Settings. Your access ends at once, and you have 14 days to change your mind using the link we email you. After that, your account is closed permanently, as described in our Privacy Policy. If you have a paid plan, cancel it in Billing before you close your account, so that it does not renew.
• Our right to suspend or terminate. We may suspend or terminate your access, with or without notice, if you materially or repeatedly break these Terms, if we must do so by law, or if your use puts the Service, other users or us at risk. Where it is reasonable and lawful, we will tell you why and give you a chance to fix the problem first. If we terminate a paid plan without cause, we will refund the unused part of your current period.
• Appeals. If your account is suspended or terminated and you believe we made a mistake, email support@focuspivot.com within 30 days with the subject "Account appeal". Include your name, the email address or phone number on the account, and why you believe the decision was wrong. We will review your appeal and reply.
• What survives. Sections that by their nature should continue after termination still apply. These include sections 6, 7 (as to backups and legal retention), 17, 18 and 21 to 29.

21. Disclaimers

The Service, its tools, content and any results it produces are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory. To the fullest extent permitted by law, Focus Pivot disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, that defects will be corrected, or that any calculation, forecast, automated reading or other result will be accurate or complete.

Some jurisdictions do not allow certain warranties to be excluded, so some of these exclusions may not apply to you.

22. Limitation of liability

To the fullest extent permitted by law, Focus Pivot and its owners, employees, agents and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, savings, data or goodwill, arising out of or relating to the Service or these Terms, even if advised of the possibility of such damages. This includes any loss arising from decisions you make based on information in the Service.

To the fullest extent permitted by law, our total liability for all claims arising out of or relating to the Service or these Terms is limited to the greater of (a) the amounts you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) one hundred US dollars (US$100).

These limits apply whatever the legal theory, and even if a limited remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as liability for fraud, gross negligence or willful misconduct.

23. Dispute resolution and arbitration

Please read this section carefully. It affects your legal rights, including your right to go to court and to take part in a class action.

1. Try to resolve it informally first. Before starting arbitration or a court case, the party with the dispute must send the other a written notice describing it and the relief sought. We send ours to the email address on your account. You send yours to support@focuspivot.com with the subject "Notice of dispute". Both sides will try in good faith to resolve the dispute within 60 days.
2. Binding individual arbitration. If the dispute is not resolved, you and Focus Pivot agree to resolve any dispute, claim or controversy arising out of or relating to the Service or these Terms (a "Dispute") by binding individual arbitration, not in court. This includes Disputes about whether something is arbitrable. The Federal Arbitration Act governs this section. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at adr.org, before a single arbitrator. It may be conducted by video, by phone or on written submissions, or in person in the county where you live. Payment of filing, administration and arbitrator fees follows the AAA's rules. If your claim is for US$10,000 or less, we will reimburse your share of those fees unless the arbitrator finds your claim frivolous. The arbitrator may award the same individual relief a court could, but only to you individually.
3. Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may also ask a court for an injunction to stop infringement or misuse of intellectual property or unauthorized access to the Service.
4. Class action and jury trial waiver. You and Focus Pivot may bring claims against each other only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine more than one person's claims. To the extent a Dispute is heard in court rather than arbitration, you and Focus Pivot both waive the right to a jury trial.
5. Your right to opt out. You can opt out of this arbitration agreement within 30 days after you first accept these Terms. To do so, email support@focuspivot.com with the subject "Arbitration opt-out", giving your name and the email address or phone number on your account and saying that you opt out of arbitration. Opting out does not affect any other part of these Terms.
6. Time limit. To the extent the law allows, a Dispute must be started within one year after it arose, or it is permanently barred.
7. Severability. If the class action waiver is found unenforceable for a particular claim or request for relief, that claim or request will be severed and heard in court, and the rest will be arbitrated individually. If any other part of this section is found unenforceable, the rest of this section still applies.
8. Changes. If we change this section after you accepted it, you may reject the change by emailing us within 30 days after it takes effect. The version you last accepted will then continue to apply.

24. Indemnification

To the extent the law allows, you will defend, indemnify and hold harmless Focus Pivot and its owners, employees and agents from any third-party claims, losses, liabilities and expenses, including reasonable legal fees, arising out of your content, your breach of these Terms, or your violation of any law or anyone else's rights. We will tell you about any such claim and may take part in the defense with counsel of our choosing.

25. Governing law and venue

These Terms and any Dispute are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules, and by the Federal Arbitration Act for section 23. Any Dispute that is not arbitrated, and any action to enforce an arbitration award, will be brought only in the state or federal courts located in the State of Delaware. You and Focus Pivot consent to the personal jurisdiction of those courts. Nothing in this section deprives you of the protection of mandatory consumer-protection laws of the state where you live.

26. Communications

• Electronic communications. You agree that we may provide agreements, notices, receipts and other communications electronically: by email, by text message where you gave us a phone number for it, or in the Service. Electronic communications satisfy any legal requirement that a communication be in writing.
• Service messages. We send messages needed to run your account, such as verification codes, security alerts, receipts and notices about your plan or these Terms. You cannot opt out of these while you have an account.
• Text messages. If you give us a mobile number, we send text messages to it only for the purposes you used it for, such as verification codes you request or invitations you ask us to send. Message and data rates may apply. Reply STOP to stop non-essential texts, or contact us.
• Marketing. Any marketing emails we send will include a way to unsubscribe.

27. Mobile applications

If we offer a Focus Pivot mobile application, these Terms apply to it. You are also responsible for any fees and terms of the app store you download it from, such as Apple's App Store or Google Play. The app store is not a party to these Terms and has no responsibility for the app or its support. Where Apple's terms require it, Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the app.

28. Changes to the Service and to these Terms

We may change, suspend or discontinue all or part of the Service. If we discontinue a paid feature you have paid for in advance, we will offer a pro-rata refund or credit for the unused part.

We may update these Terms. We will post the updated version on this page with a new effective date. If a change is material, we will tell you in advance by email or in the Service, and we may ask you to accept the new Terms before you continue. Changes do not apply retroactively. Continuing to use the Service after a change takes effect means you accept it. If you do not agree to a change, stop using the Service and close your account.

29. General terms

• Entire agreement. These Terms, together with the Privacy Policy, the Cookie Policy and any additional terms you accept for a specific feature or offer, are the entire agreement between you and Focus Pivot about the Service. They replace any earlier agreements on that subject.
• Waiver. If we do not enforce a provision, that is not a waiver of it. A waiver is effective only in writing.
• Severability. If a court finds any provision unenforceable, it will be changed only as much as needed to make it enforceable, and the rest of these Terms will remain in effect. Section 23 has its own severability rule.
• Assignment. You may not transfer these Terms or your account without our written consent. We may transfer them in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law.
• Events beyond our control. We are not liable for delays or failures caused by events beyond our reasonable control.
• No agency. These Terms create no partnership, joint venture, employment or agency relationship.
• Language. These Terms are written in English. Any translation is for convenience only, and the English version controls.

30. Contact us

Questions about these Terms or the Service: support@focuspivot.com.
Privacy questions and requests: privacy@focuspivot.com.