TERMS AND CONDITIONS OF USE

 

Family Focus

 

Effective Date: April 22, 2026

Last Updated: April 22, 2026

 

 

IMPORTANT — PLEASE READ CAREFULLY. THESE TERMS CONTAIN A DISCLAIMER OF WARRANTIES, A LIMITATION OF LIABILITY, AN AGREEMENT TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION, AND A WAIVER OF CLASS ACTIONS.

 

 

1. ACCEPTANCE OF THESE TERMS

 

These Terms and Conditions of Use ("Terms") form a legally binding agreement between you and ElevenFortyFive, LLC ("we," "us," "our," or "the Company") regarding your access to and use of Family Focus, including any related mobile applications, websites, and services (collectively, the "Service").

 

By downloading, installing, registering for, or using the Service in any manner, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

 

 

2. DESCRIPTION OF THE SERVICE

 

Family Focus is a software application intended to help separated or divorced parents communicate, coordinate schedules, track shared expenses, and store documents. The Service may also permit view-only access by attorneys, attorneys for children (AFCs), mediators, and similar professionals ("Observers") invited by a parent.

 

The Service is provided for your convenience. It is not a substitute for legal, medical, psychological, financial, or other professional advice. It is not a communication service guaranteed for emergency use.

 

 

3. ELIGIBILITY

 

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account. By using the Service, you represent and warrant that (a) you meet the age requirement, (b) you have the legal capacity to enter into these Terms, (c) you are not barred from using the Service under any applicable law, and (d) you will comply with these Terms and all applicable laws.

 

The Service is not directed at children. We do not knowingly collect information from minors. If you provide information about a child (for example, as a parent coordinating care), you represent that you have the legal right and authority to do so.

 

 

4. ACCOUNTS AND SECURITY

 

You are responsible for:

(a) maintaining the confidentiality of your account credentials;

(b) all activity that occurs under your account;

(c) promptly notifying us of any unauthorized access; and

(d) ensuring that the information you provide is accurate and current.

 

We may suspend or terminate accounts that we believe, in our sole discretion, are being used in violation of these Terms, applicable law, or in a manner that presents a security risk.

 

 

5. USE AT YOUR OWN RISK; NO GUARANTEE OF AVAILABILITY OR DATA PRESERVATION

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

 

The Service is a piece of software that depends on third-party infrastructure, networks, devices, and services outside our control. You understand and agree that:

 

(a) The Service may be unavailable, degraded, interrupted, or discontinued at any time, with or without notice, for any reason or no reason.

 

(b) Data you create, send, or store in the Service — including but not limited to messages, calendar events, expense records, documents, photographs, attachments, and metadata — may be lost, corrupted, delayed, duplicated, incorrectly timestamped, or otherwise rendered inaccurate, incomplete, or inaccessible. We do not guarantee that any data will be preserved, backed up, retained, recoverable, or accurate.

 

(c) You are solely responsible for independently maintaining copies, records, or backups of any information important to you. We do not offer a data backup or recovery service and make no guarantee of any data-preservation feature described on our website or in the Service.

 

(d) Features described in marketing materials or the Service itself — including but not limited to "tamper-proof" records, permanent timestamps, push notifications, export-to-PDF, and audit trail capabilities — are aspirational descriptions of functionality and may fail, behave unexpectedly, or be modified or removed at any time.

 

(e) You should not rely on the Service as your sole record of any communication, transaction, schedule, or event that has legal, financial, medical, or other significant consequence. Keep independent records.

 

(f) The Service may contain software bugs, security vulnerabilities, or defects. While we endeavor to address known issues, we make no commitment to any particular response time or remedy.

 

 

6. USER CONDUCT AND ACCEPTABLE USE

 

You agree that you will not, and will not permit any third party to:

 

(a) use the Service to harass, threaten, stalk, defame, or abuse any person;

(b) upload or share content that is illegal, infringing, defamatory, obscene, or that violates any person's privacy or rights;

(c) use the Service to violate any court order, custody agreement, restraining order, or other legal obligation;

(d) impersonate any person or misrepresent your affiliation with any person or entity;

(e) attempt to gain unauthorized access to the Service, to any account, or to any data;

(f) reverse-engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service except to the extent such activity is expressly permitted by applicable law;

(g) use automated systems (bots, scrapers, etc.) to access the Service;

(h) interfere with or disrupt the Service's infrastructure; or

(i) use the Service to transmit malware, viruses, or other harmful code.

 

Violations may result in suspension or termination of your account and may expose you to civil or criminal liability.

 

 

7. USER CONTENT

 

"User Content" means any content you submit, upload, transmit, or store through the Service, including messages, events, expenses, documents, photos, notes, and other materials.

 

(a) You retain ownership of your User Content.

 

(b) You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and otherwise process your User Content solely to the extent necessary to provide the Service and fulfill our obligations to you.

 

(c) You represent and warrant that you have all rights necessary to submit your User Content and to grant the license above, and that your User Content does not infringe any third party's rights.

 

(d) We do not routinely review User Content. We may, but are not obligated to, remove User Content that we believe violates these Terms or applicable law.

 

(e) If you share a family with another parent, both parents will have access to User Content within that family. If you invite an Observer, they will also have access. We do not mediate disputes between family members or between parents and their invited Observers regarding who can see what.

 

 

8. INTELLECTUAL PROPERTY

 

All right, title, and interest in the Service — excluding your User Content — is and remains the exclusive property of the Company and its licensors. This includes the Family Focus name, logo, app design, user interface, and software code. These Terms do not grant you any rights to use our trademarks or branding without our prior written permission.

 

 

9. PRIVACY

 

Our collection and use of your personal information is governed by our Privacy Policy, which you should read before using the Service.

 

 

10. FEES, BETA TERMS, AND FUTURE PRICING

 

(a) During the beta period, the Service is currently provided free of charge. We may introduce paid features, subscriptions, or pricing tiers at any time.

 

(b) If we introduce paid features, we will provide notice and an opportunity to review the terms before charging you.

 

(c) Because the Service is being actively developed, you acknowledge that beta functionality may change, be removed, or fail without notice. Beta testers are not entitled to refunds, credits, or continued access to any particular feature.

 

 

11. DISCLAIMER OF WARRANTIES

 

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS PRINCIPALS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE "COMPANY PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

 

WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR GUARANTEE THAT:

 

(a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(b) ANY DATA OR CONTENT WILL BE ACCURATE, RELIABLE, OR PRESERVED;

(c) DEFECTS OR ERRORS WILL BE CORRECTED;

(d) THE SERVICE IS FIT FOR ANY PARTICULAR USE, INCLUDING BUT NOT LIMITED TO USE IN LEGAL PROCEEDINGS, IN EMERGENCY SITUATIONS, OR AS A PRIMARY RECORD OF ANY COMMUNICATION, OBLIGATION, OR EVENT;

(e) PUSH NOTIFICATIONS, EMAIL ALERTS, OR IN-APP INDICATORS WILL BE DELIVERED RELIABLY OR AT ALL;

(f) ANY ADVICE OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE.

 

Some jurisdictions do not allow the exclusion of implied warranties. To the extent those jurisdictions apply to you, the above exclusions may not apply, but shall apply to the maximum extent permitted by law.

 

 

12. LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

 

(a) IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, LOSS OF RECORDS, LOSS OF SLEEP OR PEACE OF MIND, PERSONAL INJURY, EMOTIONAL DISTRESS, ADVERSE OUTCOMES IN ANY LEGAL PROCEEDING, ATTORNEYS' FEES, OR OTHER INTANGIBLE LOSSES, HOWEVER ARISING, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, EVEN IF ANY OF THE COMPANY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

(b) WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU ACTUALLY PAID THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED UNITED STATES DOLLARS (US$100).

 

(c) YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND THAT THE COMPANY WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THIS LIMITATION.

 

(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THOSE JURISDICTIONS, THE COMPANY PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

 

13. ASSUMPTION OF RISK REGARDING DATA LOSS, UNAVAILABILITY, AND LEGAL PROCEEDINGS

 

You expressly understand and agree that:

 

(a) If your data is lost, corrupted, or otherwise rendered unavailable, your sole and exclusive remedy is to discontinue use of the Service.

 

(b) The Company is not responsible for preserving your data for use in any legal proceeding, whether ongoing, anticipated, or speculative. You should collect, print, and preserve your own independent records.

 

(c) Records exported from the Service in PDF or other format are generated from current data at the time of export. The Company makes no representation that such exports will be complete, admissible, or probative in any legal proceeding.

 

(d) The decision to use records from the Service in legal proceedings is yours alone, made in consultation with your own counsel. The Company is not your counsel and owes you no duty with respect to litigation strategy or document production.

 

(e) If you or any party adverse to you seeks to compel production of records from the Company, you agree that the Company is not required to litigate on your behalf or to pursue motions to quash. The Company may comply with valid legal process.

 

 

14. INDEMNIFICATION

 

You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

 

(a) your access to or use of the Service;

(b) your User Content;

(c) your violation of these Terms or any applicable law; or

(d) your violation of any third-party right, including the rights of your co-parent, child, or any Observer.

 

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

 

 

15. MODIFICATIONS TO THE SERVICE

 

We reserve the right to modify, suspend, discontinue, or terminate the Service or any portion thereof, at any time, with or without notice, and without liability to you. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice.

 

 

16. CHANGES TO THESE TERMS

 

We may revise these Terms at any time. If we make material changes, we will notify you by in-app notice, email, or by posting the revised Terms with an updated "Last Updated" date. Your continued use of the Service after a revision takes effect constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Service.

 

 

17. TERMINATION

 

You may stop using the Service at any time. You may delete your account through in-app settings or by contacting us.

 

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

 

 

18. DISPUTE RESOLUTION; BINDING ARBITRATION

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

 

(a) Informal Resolution First. Before filing any formal claim, you and the Company agree to attempt informal resolution by contacting each other at the contact information listed in Section 22. The parties will negotiate in good faith for at least thirty (30) days before initiating formal proceedings.

 

(b) Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your use of the Service, or the relationship between the parties — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be resolved by binding individual arbitration, not in court, except that (i) either party may bring an individual action in small claims court for claims within that court's jurisdiction, and (ii) either party may seek injunctive or equitable relief in court to protect intellectual property rights.

 

(c) Arbitration Provider. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The AAA Rules are available at www.adr.org.

 

(d) Location and Language. Arbitration will be conducted in New York, Suffolk County in the English language.

 

(e) Arbitrator Authority. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement. The arbitrator's award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

 

(f) Costs. Each party will bear its own costs and attorneys' fees except as otherwise provided by applicable law or the AAA Rules.

 

(g) Opt-Out. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to support@familyfocusapp.com within thirty (30) days of first agreeing to these Terms. The notice must include your name, address, and a clear statement that you do not wish to resolve disputes through arbitration.

 

 

19. CLASS ACTION WAIVER

 

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

 

Unless both you and the Company agree otherwise, no arbitrator or judge may consolidate more than one person's claims or preside over any form of representative, collective, or class proceeding.

 

If this class action waiver is found unenforceable as to any claim, then the unenforceable claim will be severed and heard in court, but the rest of this arbitration provision will remain in effect.

 

 

20. GOVERNING LAW

 

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 18.

 

 

21. GENERAL

 

(a) Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements.

 

(b) Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will remain in full effect.

 

(c) No Waiver. Our failure to enforce any right or provision will not be deemed a waiver of that right or provision.

 

(d) Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

 

(e) Notices. We may provide notices to you via email, in-app notice, or by posting on our website. You may provide notices to us at the contact information in Section 22.

 

(f) No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.

 

(g) Force Majeure. We are not liable for delay or failure to perform caused by events beyond our reasonable control, including acts of God, war, terrorism, pandemic, strikes, internet outages, infrastructure failures, or government action.

 

 

22. CONTACT

 

For questions about these Terms, to provide notice, to opt out of arbitration, or to raise a concern:

 

ElevenFortyFive, LLC

Email: info@elevenfortyfivellc.com

36 Good Ground Road

Hampton Bays, NY 11946

 

 

23. NOT LEGAL ADVICE; NO ATTORNEY-CLIENT RELATIONSHIP

 

The Service is a communication and record-keeping tool. Nothing in the Service, the website, or any marketing material constitutes legal advice. Use of the Service does not create an attorney-client relationship with the Company, its principals, or any attorney affiliated with the Company. If you need legal advice about your custody, support, or co-parenting matter, you should consult a licensed attorney in your jurisdiction.

 

 

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.