'T&Cs' | FocusWave

Terms and Conditions of Use and Subscription

Effective Date: 17/11/2025

Version Number: 1.0

Welcome to FocusWave, a wellness and productivity tool designed for neurodivergent individuals. These Terms and Conditions ("Terms") constitute a legal agreement between you ("You", "User") and Focus Wave Technologies ("We", "Us", "Our") regarding your access to and use of our mobile application and related services.

These Terms and Conditions, (“Terms”) establish the rules, obligations, that govern Your access to and use of the Platform.

"By accessing or using FocusWave in any manner, You acknowledge and agree to be bound by these Terms and any applicable supplementary policies, all of which shall be exclusively governed by the laws of the Kingdom of Bahrain." You acknowledge that you have read, understood, and agreed to be bound by these Terms and Additional Policies including the Privacy Policy and the End User License Agreement (EULA). If you do not agree with any part of these Terms, You must not use the application.

We have also issued Additional Policies and We recommend that You read and understand each of these before using and accessing the Platform. Copies of the Additional Policies can be found on the Online Services.

These Terms and Additional Policies constitute the entire agreement ("Agreement") between You and FocusWave.

1. Definitions and Interpretation

“Application” or “App” refers to the FocusWave mobile app and any associated services, content, software, or platforms provided by Focus Wave Technologies.
“Services” refers to all features, tools, content, functionality, and subscriptions offered through the App.
“User” or “You” refers to any individual who accesses or uses the Application.
Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
In the event of any conflict or inconsistency between the various documents, the order of precedence is: (1) these Terms; (2) the Privacy Policy; and (3) the End User License Agreement.

2. About Us

You may contact Us by emailing general@focus-wave.net

3. Eligibility

You must be at least of legal age in Your jurisdiction in order to access or use this App. If under this age, use must be supervised by a legal guardian who agrees to be bound by these Terms and Additional Policies on your behalf.

4. Account Registration and Security

You are required to register for an account to access features. You agree to provide accurate, current, and complete information.
You are responsible for maintaining the confidentiality of your login credentials. Any activity under your account is your responsibility.
We are not liable for any loss or damage resulting from unauthorized use of your account.

5. Subscription Plans and Fees

FocusWave may offer both free and premium plans with recurring subscription fees.
All prices are listed in local currency and are subject to applicable taxes.
We reserve the right to modify the subscription pricing at our sole discretion, provided that current subscribers will be given no less than thirty (30) days’ prior notice of any such changes. Subscriptions are billed in advance and are non-refundable, including for partial months or unused features, except where required by applicable law.
Failure to pay fees may result in suspension or termination of your access.

6. Closing Your Account

If You wish to close Your Account, you may do so at any time by accessing the "Settings" section. Closing Your Account will also remove access to any areas of the Platform that require an Account for access. Following closure, Your Personal Data will be retained and processed strictly in accordance with the retention periods and purposes set out in the Privacy Policy, after which it will be securely deleted or anonymised.
Refunds for purchases made through the App are managed in accordance with the policies of the platform from which the App was downloaded (Apple App Store or Google Play Store). Users may be entitled to refunds under those policies or under applicable law. In addition, We may, at Our sole discretion, choose to grant refunds on a case-by-case basis.

7.Intellectual Property Rights

All materials and content available through the App, including software code, UI/UX designs, logos, trademarks, and algorithms, are the exclusive property of Focus Wave Technologies.

All intellectual property rights in and to the Platform are owned by or duly licensed to Focus Wave Technologies and are protected under the laws of the Kingdom of Bahrain and applicable international intellectual property laws and treaties. You may not reproduce, reverse-engineer, distribute, license, or use our intellectual property except as explicitly permitted under these Terms.

8. License Grant

Subject to Your compliance with these Terms and the End User License Agreement (“EULA”), We grant You a limited, non-exclusive, non-transferable, revocable license to download and use the App solely for Your personal, non-commercial purposes. Your use of the App is strictly governed by these Terms and the EULA, and You agree to be bound by both.

9. User Content

9.1 Ownership of Content

You retain all rights, title, and interest in and to any content, data, text, images, or other material that You upload, input, or submit to the App (“User Content”). We do not claim ownership of Your User Content.

9.2 License to Use

By submitting User Content, You grant Us a worldwide, royalty-free, perpetual, irrevocable, non exclusive, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, publish, distribute, create derivative works from, and display such User Content, solely for the purpose of operating, improving, and providing the App and related services to You.

9.3 Responsibility for Content

You are solely responsible for the legality, accuracy, and quality of Your User Content, and for ensuring that it does not:

(a) violate any applicable law, regulation, or ordinance;

(b) infringe or misappropriate any intellectual property, privacy, publicity, or contractual rights of any third party;

9.4 Our Rights

We reserve the right, at Our sole discretion and without notice, to remove, disable, or restrict access to any User Content that We reasonably believe may breach these Terms, the EULA, or applicable law, or that may harm Our reputation, brand, or the integrity of the App.

9.5 Indemnity

You agree to indemnify and hold harmless Focus Wave Technologies, its affiliates, directors, and employees against any claims, damages, liabilities, costs, or expenses arising from or related to Your User Content, including any third-party claims alleging infringement or violation of rights.

10. Acceptable Use Policy

10.1 You agree that You will not, under any circumstances:

(a) use the App for any unlawful, fraudulent, harmful, defamatory, or abusive activity;

(b) upload, transmit, or distribute any viruses, malicious software, or harmful code;

(d) ) attempt to gain unauthorized access to any systems, accounts, or data;

(e) engage in any activity that could reasonably be expected to harm, disparage, or negatively affect the reputation of Focus Wave Technologies, the FocusWave brand, or any of Our affiliates.

10.2 We reserve the right, at Our sole discretion and without notice, to:

(a) ) remove, disable, or restrict access to any User Content or account that violates this Acceptable Use Policy, these Terms, or the EULA;

(b)) issue a cease and desist order requiring You to immediately discontinue any prohibited conduct;

(d) pursue any remedies available to Us under applicable law, including claims for monetary damages.

11. Viruses, Malware and Security

11.1. We exercise all reasonable skill and care to ensure that the Platform is secure and free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect Your hardware, software, data or other material that occurs as a result of Your use of the Platform, or any other site referred to on the Online Services.

11.2. You are responsible for protecting Your hardware, software, data and other material from viruses, malware, and other internet security risks.

11.3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Platform. Nor should you attack, scan or deliberately reverse engineer the Platform by any means or attempt to gain unauthorized access to any part of the Platform, the environment on which the Platform is stored, the Central Computer System or any other server, computer, or database connected to or serving the Platform.

12. Disclaimer of Warranties

12.1. The App and all related services are provided to You strictly on an “as is” and “as available” basis, without any warranties of any kind, whether express, implied, statutory, or otherwise.

12.2. Without limiting the generality of the foregoing, We expressly disclaim any and all warranties of:

(a) merchantability;

(b) fitness for a particular purpose;

(d) non-infringement of third-party rights; and

(e) that the App will be error-free, uninterrupted, secure, or free of viruses or other harmful components.

12.3. You acknowledge and agree that Your use of the App and Services is at Your sole risk, and that We do not guarantee that the App will meet Your requirements or achieve any intended results.

13. Disclaimers

Nothing on the Platform constitutes advice on which You should rely. It is provided for general information purposes only.
Insofar as is permitted by law, we make no representation, warranty, or guarantee that the Platform will meet Your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
We make reasonable efforts to ensure that the Content on the Platform and communications is complete, accurate, and up to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up to date and note there may be errors, omissions and typographical errors contained in the material provided. We may change these Terms and other policies issued by Us, from time to time. If We deem any such change to be material in nature, We will take reasonable steps to bring the change to Your attention by notification within the App or through your listed contact information. Your continued use of the App confirms Your acceptance of these Terms as amended.
Changes may be made periodically to laws, regulations, rules, and similar materials; these changes may or may not be incorporated in any new materials on the Platform, including the Terms. If You obtain information about FocusWave from any source other than Us, You should not rely on it, as such data may be inaccurate, incomplete, or altered after its original distribution.
By using the Platform, You expressly agree that use is at Your sole risk. We do not warrant that the Platform will be uninterrupted or error free.
The Platform, any communication by or on behalf of Us, and the information contained therein, is directed only at persons who are eligible to create an Account. They are not meant to entice or encourage ineligible Users to create an Account.
You agree that neither We nor Our Service Providers will be responsible or liable in contract, warranty or in tort (including negligence) for any (a) interruption to the Platform, (b) access delays or access interruptions to the App (c) data non-delivery, missed delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-App links on the App; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the App, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.

14. Limitation of Liability

14.1 To the fullest extent permitted by applicable law, Focus Wave Technologies, its owners, directors, employees, contractors, agents, partners, and affiliates shall not be liable for any losses or damages of any kind arising out of or in connection with Your use of, or inability to use, the App or Services, including but not limited to:

(a) direct, indirect, incidental, special, punitive, or consequential damages;

(b) loss of revenue, profits, savings, business, contracts, opportunities, goodwill, reputation, or data;

(d) damages resulting from unauthorized access to, or alteration of, Your transmissions or data;

(e) damages arising from reliance on any content, recommendations, or outputs generated by the App;

(f) damages caused by any negligence, omission, or misuse by You, by another User, or by any third party.

14.2 Without limiting the foregoing, We shall not be liable for:

(a) any bugs, viruses, malware, or other harmful components that may be transmitted to or through the App;

(b) the acts or omissions of third-party service providers (including hosting, analytics, and payment providers); or

14.3 You acknowledge and agree that these limitations of liability are fundamental to the risk allocation between You and Us, and that without such limitations, We would not be able to make the App and Services available to You.

15. Indemnity

15.1 You agree to defend, indemnify, and hold harmless Focus Wave Technologies, its parent company, subsidiaries, affiliates, directors, officers, employees, contractors, licensors, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

(a) Your use or misuse of the App or Services, including any reliance on features, content, or outputs provided;

(b) Your violation of these Terms, the EULA, any other policies issued by Us, or any applicable laws or regulations;

(c) Your infringement, misappropriation, or violation of any intellectual property, privacy, publicity, contractual, or other rights of Focus Wave Technologies or any third party;

(d) User Content submitted or uploaded by You, including any allegations that such content is unlawful, harmful, defamatory, or infringes third-party rights;

(e) YYour negligent, fraudulent, or willful misconduct in connection with Your use of the App.

15.2 You agree that We shall have the right, at Our sole discretion and at Your expense, to assume the exclusive defense and control of any matter subject to indemnification by You. In such case, You agree to cooperate fully with Us in asserting any available defenses and in mitigating potential damages.

15.3 This indemnification obligation shall survive the termination or expiration of these Terms, the EULA, other policies issued by Us and Your use of the App.

16. Medical and Legal Disclaimer

16.1 You acknowledge and agree that FocusWave is not a medical, psychological, therapeutic, or clinical service. The App is provided solely as a general wellness and productivity tool and is not designed, intended, or licensed for use in the diagnosis, treatment, mitigation, or cure of any medical, psychological, psychiatric, or health-related condition.

16.2 The App, including all features, tools, outputs, suggestions, notifications, assessments, or any content generated by artificial intelligence or otherwise, does not constitute medical advice, mental health advice, or any substitute for consultation with a licensed professional.

16.3 Focus Wave Technologies is not registered with, certified by, or connected to any medical, psychological, or therapeutic profession or regulatory body. Nothing in the App or Services should be interpreted as establishing a doctor–patient or therapist–client relationship.

16.4 You are solely responsible for evaluating Your own health and wellbeing needs. You should consult with a qualified, licensed medical or psychological professional before making any decisions regarding diagnosis, treatment, or management of a medical or psychological condition.

16.5 To the maximum extent permitted by law, We disclaim all responsibility and liability for:

(a) any harm, injury, or adverse outcomes arising from reliance on the App;

(b) any actions, decisions, or omissions You take in connection with Your health, wellbeing, or lifestyle;

(c) any assumption by You that the App or its tools, data, or outputs are medically accurate, evidence based, or professionally endorsed.

16.6 By using the App, You expressly agree that You do so at Your own sole risk, and that Focus Wave Technologies shall not be liable for any damages, injuries, losses, or claims arising out of reliance on the App as a medical or therapeutic service.

17. Privacy Policy

17.1 Your use of the App and Services involves the collection and processing of certain Personal Data. The manner in which We collect, use, store, and safeguard such Personal Data is governed by Our Privacy Policy, which forms an integral part of these Terms.

17.2 By agreeing to these Terms, You also acknowledge and agree to the terms set forth in the Privacy Policy. We strongly encourage You to read the Privacy Policy carefully to understand Your rights and obligations regarding Personal Data.

17.3 In the event of any conflict between these Terms and the Privacy Policy in relation to the protection and processing of Personal Data, the Privacy Policy shall prevail.

18. Feedback and Suggestions

Any feedback, suggestions, or ideas you provide may be used by us without obligation or compensation. You waive all rights to any claims related to our use of feedback.

19. Third-Party Services

The App may contain links or integrate with third-party services. We do not control or endorse those services and are not responsible for their content or practices. Use of third-party services is subject to their own terms.

20. Termination and Suspension

20.1 Our Right to Suspend or Terminate

We may suspend, restrict, or permanently terminate Your account or access to the App, at Our sole discretion and without prior notice, if:

(a) You breach or violate these Terms, the EULA, the Privacy Policy, any other policy issued by Us or any applicable law;

(b) You engage in conduct that is unlawful, fraudulent, harmful, abusive, or likely to damage Our reputation, brand, or Intellectual Property;

(d) We are required to do so by a government authority, regulatory order, or platform provider; or

(e) We reasonably believe Your continued use of the App poses a risk to the security, stability, or integrity of the App or its Users.

20.2 User’s Right to Delete Account

You may delete Your account at any time through the App’s settings or by contacting Us directly. Upon deletion:

(a) any licenses granted to You under these Terms and the EULA shall immediately terminate;

(b) all data associated with Your account will be handled in accordance with Our Privacy Policy; and

(c) You acknowledge that, except as required by applicable law, or as otherwise determined by the platform provider in connection with purchases made through their platforms, no refunds, credits, or reimbursements shall be provided for prepaid subscriptions, unused services, or partially used billing cycles.

20.3 Effect of Termination

Upon suspension or termination:

(a) You must immediately cease using the App and delete all copies from Your devices;

(b) We reserve the right to retain, remove, or delete User Content in accordance with Our Privacy Policy; and

(c) any rights and obligations accrued prior to termination (including indemnification, limitation of liability, and intellectual property rights) shall survive termination.

20.4 Cease and Desist Orders

In addition to any other rights available to Us under these Terms, if We reasonably determine that Your use of the Platform has harmed, or is likely to harm, the reputation of Focus Wave Technologies, the FocusWave application, or any associated brand, We may, at Our sole discretion, issue a cease and-desist order, suspend or terminate Your access to the Platform, and pursue monetary damages to the fullest extent permitted under applicable law.

21. Force Majeure

21.1 We shall not be liable or responsible for any delay, interruption, or failure to perform any of our obligations under these Terms if such delay, interruption, or failure results from any cause, event, or circumstance beyond our reasonable control (“Force Majeure Event”).

21.2 A Force Majeure Event includes, without limitation:

(a) natural disasters such as floods, earthquakes, storms, fires, or other acts of God;

(b) acts of war, armed conflict, terrorism, civil unrest, or sabotage;

(d) strikes, lockouts, labor disputes, or shortages of materials, utilities, or transportation;

(e) pandemics, epidemics, public health emergencies, or mandatory quarantines;

(f) failures, outages, or interruptions of telecommunications, internet, hosting, or other infrastructure not under our direct control; and

(g) any other events or circumstances that are unforeseeable, unavoidable, and beyond our reasonable control.

21.3 In the event of a Force Majeure Event, our obligations shall be suspended for the duration of the event and for such time thereafter as is reasonably necessary for us to resume performance. We will use reasonable efforts to mitigate the impact of the Force Majeure Event and to resume performance as soon as reasonably practicable.

21.4 If a Force Majeure Event continues for a period exceeding sixty (60) consecutive days, either party may terminate these Terms by written notice without liability, except that any rights and obligations accrued prior to such termination shall remain enforceable.

22. Changes to Terms

We reserve the right to modify these Terms from time to time. If We deem any such change to be material in nature, We will take reasonable steps to bring the change to Your attention by notification within the App or through your listed contact information with the effective date of revised Terms. Your continued use of the App after changes constitutes acceptance of the revised Terms.

23. Governing Law and Dispute Resolution

23.1 These Terms, the Privacy Policy, and any other policy issued by Us shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain unless otherwise explicitly stated.

23.2 Notwithstanding the arbitration provision below, You agree that any disputes, claims, or actions arising directly under or in connection with Clause 7 (Intellectual Property Rights), Clause 8 (License Grant), Clause 10 (Acceptable Use Policy), and Clause 20 (Termination and Suspension) shall be submitted exclusively to the courts of the Kingdom of Bahrain, which shall have sole jurisdiction over such matters.

23.3 Any and all other disputes, claims, or controversies arising out of or relating to these Terms, the Privacy Policy, any other policy issued by Us, or the breach, termination, enforcement, interpretation, or validity thereof (except those carved out in Clause 23.2 above) shall be finally resolved by arbitration administered by the Bahrain Chamber for Dispute Resolution (BCDR) in accordance with its Rules of Arbitration of the Bahrain Chamber for Dispute Resolution of 2022 unless explicitly stated otherwise.

23.4 In accordance with Article 8 of the BCDR Arbitration Rules, the arbitral tribunal shall consist of three (3) arbitrators. The seat of arbitration shall be in the Chamber for Dispute Resolution (BCDR) in Manama, Kingdom of Bahrain, and the language of the proceedings shall be English. The legislation that shall be applied for the arbitration proceedings is Bahraini Law.

23.5 In the event of any discrepancy or inconsistency between the Arabic and English versions of this Agreement:

(a) where proceedings are before the courts of the Kingdom of Bahrain under Clause 23.2, the Arabic version shall prevail for purposes of interpretation and enforcement;

(b) where proceedings are conducted in arbitration under Clause 23.3, the English version shall prevail for purposes of interpretation and enforcement, provided that any recognition or enforcement of an arbitral award in the courts of the Kingdom of Bahrain may require reliance on the Arabic version.

23.6 The award rendered by the arbitral tribunal shall be final and binding on all parties and enforceable in any court of competent jurisdiction.

24. Severability

If any provision of these Terms is determined to be invalid or unenforceable for any reason, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect.

25. No Waiver

Our failure to enforce any part of these Terms does not constitute a waiver of our rights.

26. DMCA and Content Removal

If you believe content on the App infringes Your copyright, contact Us on general@focus-wave.net with proof of ownership. We will investigate and remove content where necessary under applicable laws.

27. Contact Information

Focus Wave Technologies

Email: general@focus-wave.net

Website: focus-wave.net

Acknowledgment

By using the FocusWave application, you confirm that you have read, understood, and agree to be legally bound by these Terms and Conditions.