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Terms and Conditions for FocusNoise
Last Updated: November 24, 2025
Welcome to FocusNoise!
These Terms of Service ("Terms") govern your access to and use of FocusNoise, including our website at https://focusnoise.top, mobile applications (iOS and Android), desktop applications (macOS and Windows), API, CLI, and related services (collectively, the "Services").
By creating an account or using FocusNoise, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
1. Description of Services
FocusNoise provides infinite ambient soundscapes designed to help you focus, relax, and sleep better. Our Services include:
• Web, mobile, and desktop applications for soundscape playback
• A library of 500+ premium audio stems across multiple categories
• Sound mixing tools to create custom soundscapes (up to 8 layers)
• AI-powered mix suggestions using natural language
• Focus session tracking and Pomodoro timers
• Weekly focus reports and productivity statistics
• Cross-device sync with end-to-end encryption
• Developer tools including CLI, REST API, and VS Code extension
• Creator marketplace for uploading custom audio stems
2. Account Registration and Eligibility
2.1 You must be at least 13 years old to use FocusNoise.
2.2 You must provide accurate and complete information when creating an account.
2.3 You are responsible for maintaining the confidentiality of your account credentials.
2.4 You are responsible for all activity that occurs under your account.
2.5 You must notify us immediately of any unauthorized access to your account.
3. Subscription Plans and Payments
3.1 Free Tier
Free accounts include:
• Access to instant presets and sound library
• Basic mix building (up to 4 layers)
• Local favorites storage
• Mobile and web access
3.2 Pro Tier
Pro subscriptions include all Free features plus:
• Unlimited mix layers (up to 8)
• AI-powered mix suggestions
• Adaptive masking technology
• Cross-device sync
• Desktop apps with mini-player
• Developer tools (CLI, API, VS Code extension)
• Weekly focus reports
• Priority support
• Offline mode
• Exclusive sound packs
3.3 Payment Terms
• Subscriptions are billed monthly or annually in advance
• Payments are processed securely through Stripe
• Prices are listed in USD and subject to change with notice
• You authorize us to charge your payment method for all fees
• Failed payments may result in service suspension
3.4 Refund Policy
• We offer a 7-day money-back guarantee for new Pro subscriptions
• Refund requests must be submitted within 7 days of your initial purchase
• Refunds are not available for subscription renewals
• To request a refund, contact bartzalewskidev@gmail.com
3.5 Cancellation
• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• You will retain Pro access until the end of the paid period
• No partial refunds for mid-cycle cancellations
4. Acceptable Use Policy
You agree NOT to:
• Upload or share content that violates copyright or intellectual property rights
• Use the Services to distribute malware, spam, or malicious content
• Attempt to reverse engineer, decompile, or hack the Services
• Use automated tools to scrape or download audio content
• Share your account credentials with others
• Resell, redistribute, or commercially exploit FocusNoise audio content
• Create derivative sound applications using our audio library
• Use the Services for any illegal purpose
• Impersonate others or provide false information
• Interfere with or disrupt the Services
Violation of these terms may result in account suspension or termination.
5. Intellectual Property Rights
5.1 FocusNoise Ownership
All content, features, functionality, and intellectual property of FocusNoise, including but not limited to audio files, software, algorithms, trademarks, and design, are owned by FocusNoise and protected by copyright, trademark, and other laws.
5.2 Your Content
When you upload audio stems to the Creator Marketplace:
• You retain ownership of your uploaded content
• You grant FocusNoise a non-exclusive, worldwide, royalty-bearing license to use, reproduce, and distribute your content through the Services
• You represent that you have the rights to upload and license the content
• Revenue sharing terms are defined in the Creator Marketplace Agreement
5.3 User-Created Mixes
• Sound mixes you create are your personal configurations
• You may share mix links with others
• You may not extract, download, or redistribute individual audio stems
6. API and Developer Tools
6.1 Pro subscribers have access to our API and developer tools.
6.2 API usage is subject to rate limits and fair use policies.
6.3 You must not use the API to build competing services.
6.4 API keys are confidential and must not be shared publicly.
6.5 We may modify or discontinue API features with reasonable notice.
7. Data Privacy and Security
We collect and process your personal data as described in our Privacy Policy at https://focusnoise.top/privacy-policy. Key points:
• We collect name, email, payment info, and usage data
• We use end-to-end encryption for cross-device sync
• We are GDPR compliant
• Analytics are opt-in only
• We do not sell your personal data
8. Service Availability and Modifications
8.1 We strive to provide reliable service but do not guarantee uninterrupted access.
8.2 We may modify, suspend, or discontinue any aspect of the Services with or without notice.
8.3 We may perform maintenance that temporarily affects service availability.
8.4 We are not liable for any service interruptions or data loss.
9. Third-Party Services and Links
9.1 Our Services integrate with third-party services (Stripe for payments, Resend for emails, etc.).
9.2 Your use of third-party services is subject to their terms and policies.
9.3 We are not responsible for third-party services or content.
9.4 Links to external websites do not imply endorsement.
10. Disclaimers and Limitation of Liability
10.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
10.2 WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.3 We do not guarantee that the Services will be error-free, secure, or meet your requirements.
10.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOCUSNOISE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.
10.5 OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify and hold harmless FocusNoise, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload or share
12. Termination
12.1 You may terminate your account at any time by contacting support or using account settings.
12.2 We may suspend or terminate your account if you violate these Terms.
12.3 Upon termination:
• Your right to access the Services immediately ceases
• You remain liable for any fees owed
• We may delete your data in accordance with our Privacy Policy
• Provisions that should survive termination (e.g., intellectual property, liability limitations) remain in effect
13. Dispute Resolution and Governing Law
13.1 These Terms are governed by the laws of the United States, without regard to conflict of law principles.
13.2 Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
13.3 You waive any right to a jury trial or to participate in a class action lawsuit.
13.4 For disputes under $10,000, arbitration may be conducted via phone or online.
14. Changes to These Terms
14.1 We may update these Terms from time to time.
14.2 We will notify you of material changes via email and/or through the Services.
14.3 The "Last Updated" date at the top of these Terms indicates when changes were made.
14.4 Continued use of the Services after changes constitutes acceptance of the updated Terms.
14.5 If you do not agree to the updated Terms, you must stop using the Services.
15. General Provisions
15.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and FocusNoise.
15.2 Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
15.3 No Waiver: Our failure to enforce any right or provision does not constitute a waiver.
15.4 Assignment: You may not assign these Terms; we may assign them without restriction.
15.5 Force Majeure: We are not liable for delays or failures due to circumstances beyond our control.
16. Contact Information
For questions, concerns, or legal notices regarding these Terms:
Email: bartzalewskidev@gmail.com
Website: https://focusnoise.top
We will respond to inquiries within 5 business days.
Thank you for using FocusNoise! We're committed to helping you achieve deep focus and productive work sessions.