Please read these Standard Terms of Use (“Terms”) carefully. By accessing or using the Service (defined below) or by creating an account, you agree to these Terms, which form a binding legal agreement between you and FocuslabsLLC (“Focuslabs,” “we,” or “us”).
We’ll start with the basics, including a few definitions to help you understand these Terms. FocuslabsLLC offers a suite of educational mobile applications (the “Apps”) designed to help students learn, study, and prepare for standardized exams in fields such as nursing, medicine, dentistry, real estate, and more. Through the Apps, users can access study notes, quizzes, flashcards, a personalized study planner, peer discussion forums, and text messaging features for educational engagement. Students can also connect with other learners to collaborate and stay motivated throughout their exam journey.
In addition to the Apps, FocuslabsLLC operates Focus Posts, a social media management software (SaaS) that enables businesses to create, schedule, and analyze content across platforms efficiently.
These offerings are available through our websites, including https://focusposts.com, and any other web or mobile applications owned or operated by us (collectively, the “Focuslabs Site”). Together, the Apps, Focus Posts, and the related insights, features, and services we provide make up the “Service.”
FocuslabsLLC has employees, contractors, and representatives (our “Team”) who help build and support the Service. As someone using our Service or representing an organization that does, you are referred to as a “User” under this Agreement (or “you”). A “Learner” refers to any individual you engage through the educational features of our Apps—for example, a student accessing your shared flashcards, notes, or participating in a forum discussion.
These Terms, including our Acceptable Use Policy, Copyright and Trademark Policy, Data Processing Addendum, and Brand Guidelines (collectively, the “Agreement”) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, together with our Cookie Statement, describes how we’ll treat your account and the data we collect and process about you, your end users, and your contacts and customers while you’re a Member. If you don’t agree to these Terms, you must immediately discontinue your use of the Service.
Third-Party Services and Integrations
Focuslabs uses third-party services such as Firebase and Google Sign-In to facilitate authentication and user account management. By using these features, you acknowledge and agree to be bound by Google’s Terms of Service and Google’s Privacy Policy.
Certain features of our Apps and the Focus Posts platform may be powered by third-party AI services, including OpenAI’s ChatGPT API. These features are provided solely for educational or content management purposes and should not be construed as professional advice.
For users of Focus Posts, you may connect and manage social media accounts including Facebook, Instagram, X (Twitter), TikTok, WhatsApp, and Pinterest. Your use of these integrations is subject to the respective terms of service of each third-party platform. By linking your accounts, you agree to comply with their terms and acknowledge that we are not responsible for any actions taken on those platforms.
If you download the App through the Apple App Store, Google Play or other app store or distribution platform (“App Provider”), you acknowledge and agree that: (i) these Terms are between us, and not with the App Provider, and that we are responsible for the Service, not the App Provider; (ii) the App Provider has no obligation to furnish maintenance and support services or handle any warranty claims; (iii) the App Provider is not responsible for addressing any claims you or any third party have relating to the App; and (iv) the App Provider is a third party beneficiary of these Terms as related to your use of the App, and the App Provider will have the right to enforce these Terms as related to your use of the App against you.
I. Account
1. Eligibility
In order to use the Service, you must:
1. be at least eighteen (18) years old and able to enter into contracts;
2. complete the account registration process;
3. agree to these Terms and the other terms and conditions linked in these Terms that form part of the Agreement;
4. provide true, complete, and up-to-date contact and billing information;
5. not be based in comprehensively embargoed and comprehensively sanctioned jurisdictions, including Cuba, Iran, North Korea, Syria and the regions of Crimea, Zaporizhzhia and Kherson, the Donetsk People's Republic (DNR) and Luhansk People's Republic (LNR) in Ukraine, and Russia , or are not otherwise prohibited from using the Platform under the laws and regulations of the United States, or any other applicable jurisdiction;
6. and not be included in lists maintained by the United States or other applicable jurisdictions prohibiting transactions with and the export of US products to certain entities, people and jurisdictions.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
FocuslabsLLC may refuse service, close accounts of any Members, and change eligibility requirements at any time.
2. Term
When you sign up for an account and agree to these Terms, the Agreement between you and FocuslabsLLC is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a FocuslabsLLC account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
3. Closing Your Account
You or FocuslabsLLC may terminate the Agreement at any time and for any reason. You may do so by terminating your account or we may do so by giving notice to you that we are terminating the Agreement. We may suspend the Service to you at any time, with or without cause. We won’t refund or reimburse you in any situation, except as specifically provided in these Terms. If your account is inactive for 24 or more months, we may terminate your account and you won’t be entitled to a refund for any prepaid amounts or reimbursement for unused Pay as You Go Credits. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.
4. Changes
We may change any of the Terms by posting revised Terms on our Focuslabs Site. Unless you terminate your account, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable, and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time, and we are not in any way liable to you for any modification, suspension, termination, or discontinuation.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Focuslabs is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate. We may contact you, or any seat, authorized user, or login added to your account, based on the information provided in your account.
6. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on a number of factors, including the content in that account, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of FocuslabsLLC.
When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.
II. Payment
All payments for the Services offered by Focuslabs LLC (“Focuslabs,” “we,” or “us”) are processed and billed by Focuslabs LLC and subject to these Terms. Depending on the service you subscribe to—whether it’s a subscription to one of our learning applications or to the Focus Posts social media management platform—your billing terms and payment obligations may vary. This section outlines how billing and subscription terms apply to our offerings.
1. Learning Apps: Free Trials and Premium Subscriptions
Our educational mobile apps—including, but not limited to, Nursing Focus, Med Focus, PMP Focus, GRE Focus, Vet Focus, RealEstate Focus, Dental Focus, TOEFL Focus, IELTS Focus, CNA Focus, SAT Focus, ASVAB Focus, ATI TEAS Focus, NCLEX-PN Focus and PlantCam: AI Plant Indentifier—may include limited access under a free trial period. During the trial, users can explore select portions of the study material and app features. This trial is intended to give prospective users an opportunity to evaluate the app before subscribing.
To unlock full access to all app features, personalized learning plans, and the complete study content (including flashcards, quizzes, and progress tracking tools), you must subscribe to a premium plan, offered on a weekly or monthly basis. Premium plans are billed automatically based on the subscription frequency you select, and the charges will continue to recur until you cancel your subscription. No additional charges will apply beyond your selected plan, unless you explicitly upgrade or switch plans.
You acknowledge and agree that by subscribing to a premium plan, you authorize Focuslabs LLC to charge your selected payment method on a recurring basis.
2. Focus Posts: Free Access and Subscription Plans
Focus Posts, our Software-as-a-Service (SaaS) platform, may offer a free access tier that allows new users to test certain features before committing to a paid subscription. The free tier may include limited posting, analytics, or account connections, and is subject to change at our discretion.
To gain access to the full capabilities of Focus Posts—including unlimited scheduling, analytics, multi-account posting, AI-based content recommendations, and team collaboration features—you must upgrade to a paid monthly or annual plan. Subscription fees will be clearly presented at the time of purchase, and billing will recur based on the selected plan duration (monthly or annually) until you cancel.
3. Billing Terms
When you purchase a subscription, you agree to recurring billing and authorize Focuslabs LLC to charge your chosen payment method at the beginning of each billing cycle. Your billing cycle starts on the day you first subscribe and renews on that same calendar day on a weekly, monthly, or annual basis, depending on your plan. If a payment attempt fails, we may retry the charge or suspend access to your account until a valid payment method is provided.
You may cancel your subscription at any time through your account settings. If you cancel, your access to paid features will continue through the end of your current billing cycle, and you will not be charged again unless you resubscribe. We do not provide prorated refunds for partial billing periods.
4. Refund Policy
All payments made for weekly, monthly, or annual plans are non-refundable, unless otherwise required by law. We may, at our sole discretion, issue partial or full refunds in exceptional cases. Refund requests must be submitted in writing through our support portal and will be evaluated individually.
Free trials do not require payment until the end of the trial period. You will be notified in advance of your trial ending, and if you do not cancel, your selected payment method will be charged automatically at the standard rate for the applicable plan.
5. Changes to Pricing and Plans
We reserve the right to change our subscription pricing, features, or billing cycles at any time. If you are a current subscriber, any changes will apply to your next billing cycle, and we will notify you in advance by email or through the app.
All payments are exclusive of applicable taxes, which may be charged in addition depending on your billing address and local regulations.
6. Disputes and Downgrades
6A. Billing Disputes
If you believe you have been billed incorrectly or have concerns regarding a charge, you must contact our billing support team within 15 days of the charge in question by emailing [email protected] or using the in-app support feature. Please include your account details and a clear description of the issue. We will investigate the matter in good faith and provide a response within a reasonable timeframe.
Failure to notify us within this window may result in a waiver of any claim related to the disputed charge. Filing a chargeback or payment dispute without first contacting us may result in suspension or termination of your account at our sole discretion.
6B. Downgrades
You may choose to downgrade your subscription plan at any time by adjusting your plan through your account settings. When you initiate a downgrade:
• The downgrade will take effect at the end of your current billing cycle.
• Until that time, you will retain access to the features of your current (higher-tier) plan.
• No prorated refunds or credits will be issued for unused days on your existing subscription.
Please note that downgrading to a lower-tier plan may result in the loss of access to certain premium features, saved data, or content history. It is your responsibility to back up any necessary information before making changes to your subscription tier.
We reserve the right to limit or deny repeated downgrades and upgrades that appear to be intended to exploit pricing features or circumvent plan restrictions.
III. Rights
1. Proprietary Technology and Ownership
All software, algorithms, learning frameworks, design architecture, learning tools, content delivery systems, and recommendation engines that power the Services provided by FocuslabsLLC—including, but not limited to, the Focuslabs mobile learning applications and the Focus Posts SaaS platform—are proprietary to Focuslabs LLC and have been independently developed. This includes proprietary methodologies used for adaptive learning, architecture, logic and design of our applications, personalized study planning, content recommendation, gamification mechanics, behavioral engagement analytics, scheduling engines, content pipelines, user engagement models, database structures, educational content structures, integration frameworks and branding assets.
We retain all rights, title, and interest in and to the underlying source code, application logic, algorithmic models, and system infrastructure of our platforms, including all associated patents, copyrights, trade secrets, trademarks, service marks, and other intellectual property rights recognized under applicable law
These technologies were originally designed, built, and maintained by FocuslabsLLC as part of our proprietary product suite and are not based on publicly available or open-source frameworks unless otherwise noted. As such, all associated intellectual property rights—including copyrights, trademarks, service marks, trade secrets, and any potential patent rights—are reserved.
Your use of the Services does not grant you any ownership or licensing rights beyond the limited, non-exclusive, revocable license required to access the Services in accordance with these Terms. Except as expressly permitted in these Terms, no part of our proprietary technology may be copied, reproduced, modified, reverse engineered, or used in any manner without prior written consent. Use of Focuslabs brand assets (including logos, app names, and visual identity) is subject to our Brand Guidelines and may not be reproduced or used for promotional or commercial purposes without explicit authorization.
2. Privacy
our privacy is important to us. Please review our Privacy Policy to understand how we collect, use, store, and disclose your personal information, as well as the privacy rights available to you when interacting with Focuslabs LLC's Services.
We collect and process personal data when you use our mobile learning apps or the Focus Posts platform. This may include, but is not limited to, your name, email address, mobile number, educational preferences, social media accounts (for Focus Posts integrations), device information, and communication preferences.
For the purposes of data protection and privacy laws, Focuslabs generally acts as a processor or service provider when processing personal information on your behalf in the course of providing you access to study plans, reminders, flashcards, or managing your connected social media accounts. However, in certain instances, Focuslabs also acts as a data controller, including when we process your personal data for our own business purposes—such as billing, customer support, service optimization, feature development, product improvement, analytics, account verification, and compliance.
When processing data originating from jurisdictions with specific legal requirements—such as the European Economic Area (EEA), United Kingdom, or Switzerland—we comply with applicable regulations, including the General Data Protection Regulation (GDPR). For transfers outside of those regions, we implement appropriate safeguards such as standard contractual clauses to ensure an adequate level of data protection.
We use reasonable organizational and technical measures to secure the personal data we collect, but you acknowledge that no internet transmission or digital storage system is completely secure. You are responsible for maintaining the confidentiality of your account credentials, and for notifying us immediately of any unauthorized access or use.
We may contact you via email, in-app messages, push notifications, or text messages for important account-related communications, service updates, or promotional purposes. You may opt in or opt out of marketing communications at any time through your account preferences. However, critical notifications regarding service functionality or billing may still be sent regardless of opt-in status.
As part of multi-factor authentication (MFA) or identity verification, you may be required to provide your phone number. You agree that we may use this number to send security codes via SMS, as well as for limited transactional communications. By providing your number, you certify that you are the current subscriber and have the right to receive communications at that number. Standard message and data rates may apply. You can opt out of automated communications at any time by following instructions provided in each message.
In using Focus Posts, if you choose to connect your accounts on third-party platforms (e.g., Instagram, Facebook, TikTok, X, Pinterest, WhatsApp), you grant us permission to access and manage content, analytics, and engagement insights solely to enable the core features of the service. We do not post or share on your behalf without your explicit instruction and authorization.
If you believe your privacy rights have been violated, or you wish to exercise your data access or deletion rights under applicable law, please contact us at [email protected]
3. Feedback and Improvements
From time to time, you may choose to submit feedback, suggestions, or ideas regarding improvements to our Services (“Feedback”). By doing so, you grant Focuslabs LLC a perpetual, irrevocable, royalty-free, non-exclusive, worldwide license to use, modify, and incorporate such Feedback into our current or future products and services without compensation or acknowledgment.
4. Public Licensing Notice
Your use of the Services is subject to these publicly available Terms, which confirm that Focuslabs LLC owns and operates proprietary, commercial-use software systems across both the Focus Posts SaaS and our AI-powered learning applications. This public declaration serves as official licensing evidence that all technologies referenced herein are the original and protected intellectual property of Focuslabs LLC and are not sourced from third-party or open-source platforms without proper attribution or integration licenses.
5. Right to Review Content
We may view, analyze, and internally distribute data from your study activity, planner entries, flashcard usage, quiz attempts, content scheduling, and social media integrations (via Focus Posts) to build and refine algorithms and systems (“Tools”) that personalize and improve the Service. These Tools enable us to provide adaptive learning recommendations, identify accounts that violate these Terms or applicable laws, and continually enhance the educational and engagement experience for all users.
This includes studying anonymized interaction patterns to improve lesson sequencing, quiz generation, performance tracking, and social media scheduling accuracy.
We may aggregate and anonymize data—including educational performance, usage trends, and campaign metrics—to create statistical information and training data. Focuslabs LLC retains ownership of all such aggregated and anonymized data and may use it to operate, optimize, develop, or market our products and services. We may also share these insights externally in de-identified form for research, benchmarking, or lawful business purposes.
IV. Rules and Abuse
1. General Rules
By using the Services, you agree to follow these rules:
• Do not engage in spammy or disruptive behavior.
• Do not misuse communication features such as study group messaging or planner notifications.
• Comply with our Acceptable Use Policy.
• If using our API (if available), follow our API Use Guidelines.
• You may not use our Services to share or distribute any content that incites harm, discrimination, or harassment.
Focuslabs reserves the right to suspend or terminate accounts that engage in:
• Threats of physical harm
• Hateful, discriminatory, or misleading content
• Behavior that promotes or condones harassment, hate, or violence
2. Reporting Abuse
If you believe someone is violating these Terms, please notify us immediately at [email protected]. If you believe your intellectual property is being misused on our platform, contact us through the Copyright & Trademark Policy process.
3. Bandwidth Abuse/Throttling
You may only use our bandwidth and storage resources in ways that support your educational use of Focuslabs platforms. Hosting unrelated or excessive files may result in throttling or termination.
4. Compliance with Laws and Regulations
You are responsible for complying with all applicable laws and regulations when using our Services. This includes, but is not limited to:
• Data Protection Laws (e.g., GDPR, CCPA)
• Education and children’s data privacy laws (e.g., COPPA)
• U.S. export control and sanctions laws
• Laws governing the use of AI or learning analytics
If you collect or process data from minors, you confirm that you have obtained all necessary consents in accordance with applicable law.
You also agree to:
• Post and maintain a compliant Privacy Notice on any associated external digital property collecting data
• Obtain valid consents for collecting and transferring data to us or third-party processors used in connection with our Services
• Comply with consent and notification requirements for cookies and tracking technologies when applicable
5. Global Trade Compliance
You agree not to use or distribute our software in violation of U.S. export control laws or sanctions. You may not access or use our Services in embargoed countries or if you are on any government-issued restricted party list. You are solely responsible for ensuring your compliance with such laws.
V. Liability
1. Limitation of Liability
To the maximum extent permitted by law:
• You use the Service at your own risk.
• Focuslabs and its team are not liable for indirect, special, or consequential damages.
• Our liability is limited to the amount paid by you in the month prior to the event giving rise to the claim.
2. No Warranties
The Service is provided "as is." We disclaim all warranties, express or implied, including those of merchantability, fitness for a particular purpose, and non-infringement.
3. Indemnity
You agree to indemnify Focuslabs and its affiliates from any claims or costs arising out of your use of the Service, your content, or your breach of these Terms.
4. Equitable Relief
We may seek injunctive or other equitable relief if you violate these Terms.
5. Subpoena Fees
If we must respond to legal requests for information about your account, we may charge you for the time and costs incurred.
6. Disclaimers
We are not responsible for third-party platforms, services, or integrations you choose to connect to our Services. Your use of such services is at your own risk.
VI. Other Important Stuff
1. Text Messaging
If you use SMS features through our platform, you must obtain appropriate consents and provide clear opt-out mechanisms. You must comply with all carrier rules and legal regulations. Message and data rates may apply. This applies only if SMS features are used.
2. Generative AI Features
Some Focuslabs features may incorporate generative AI to support learning recommendations, content creation, or study assistance. These features are provided to enhance your educational experience but may occasionally produce inaccurate or repetitive outputs.
You are responsible for reviewing and validating AI-generated content before relying on it. Focuslabs disclaims any liability for the accuracy or legality of such content.
By using our AI features, you grant us permission to use anonymized inputs and outputs to improve our services, models, and performance. Your use must comply with all applicable laws and our Acceptable Use Policy.
3. U.S. Government Use
Our services are commercial in nature. Government users agree to commercial terms only.
4. Assignment
You may not assign your rights under these Terms without our consent. We may assign this agreement at any time.
5. Choice of Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.
6. Dispute Resolution
If a dispute arises, we encourage informal resolution first. Failing that, disputes will be resolved through arbitration or small claims court in Dallas County, Texas. Class actions are not permitted.
7. Force Majeure
We are not liable for delays due to events beyond our control (natural disasters, outages, strikes, etc.).
8. Survivability
Provisions that logically should survive termination of these Terms will continue to apply.
9. Severability
If any provision of these Terms is found unenforceable, the remaining terms remain in effect.
10. Interpretation
Section headings are for convenience only and do not affect the interpretation of the Terms.
11. Waiver
If we don’t enforce part of the Terms, it doesn’t mean we waive our right to do so later.
12. Changes
We can’t change the Terms for individual users. The Terms apply equally to all users.
13. Further Actions
You’ll take necessary actions to fulfill your obligations under these Terms.
14. Security Incidents
We’ll notify you as required by law if your data is involved in a breach. This does not mean we assume liability.
15. Beta Services
Features labeled as beta are not guaranteed to be stable or error-free. Use them at your own risk.
16. Notices
We will contact you via the contact information in your account. Notices to us can be sent to [email protected]
17. Entire Agreement
These Terms constitute the full agreement between you and FocuslabsLLC and supersede any prior agreements or communications.
Updated March 3, 2024 and effective as of March 3, 2024.