Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Alphas Next LLC, an Illinois limited liability company (“Focalect,” “we,” “us,” or “our”), governing your access to and use of the Focalect web application and related services (the “Service”). Please read them carefully.

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Service.

01Eligibility and Accounts

• Business use and age. The Service is a business tool intended for use by companies and adults aged 18 or older. By using it you represent that you are at least 18.
• Authority. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” refers to both you and that organization.
• Registration. You must provide accurate account information and keep it current.
• Account security. You are responsible for safeguarding your login credentials and for all activity under your account and organization, including members you invite. Notify us promptly at info@focalect.com of any unauthorized use.

02The Service and License

Focalect connects to business accounts you authorize and presents metrics and records from those accounts as dashboards. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

We may add, change, suspend, or discontinue any part of the Service at any time. We will use reasonable efforts to give notice of material changes that adversely affect your use.

03Connecting Third-Party Accounts

The Service depends on your connecting third-party accounts (such as Stripe, Facebook, Instagram, TikTok, and YouTube) through their authorization (OAuth) flows. By connecting an account, you represent and warrant that:

• You own or are authorized to connect that account and to allow Focalect to access the data it exposes;
• You have all rights, permissions, and consents necessary for us to access and process that data, including any personal data of your own customers or audience (for example, customer records available through Stripe); and
• Your use of each connected platform through the Service complies with that platform’s own terms and policies.

The connected platforms are controlled by third parties. They may change, limit, or withdraw their APIs or your access at any time, and we are not responsible for their availability, accuracy, or actions. Your relationship with each platform is governed by that platform’s terms.

04Your Data and Privacy

As between you and us, you retain all ownership of the data you connect or provide (“Your Data”). You grant us a limited license to host, process, and display Your Data solely to provide and maintain the Service for you.

Our handling of personal data is described in our Privacy Policy. For data we process on your behalf as a processor, a separate Data Processing Agreement (DPA) may apply; contact us to put one in place. You are solely responsible for the lawfulness of the data you connect and for having any notices or consents required from the individuals whose data it contains.

05Acceptable Use

You agree not to:

• Use the Service in violation of any law or third-party right;
• Connect accounts you do not own or lack authority to connect;
• Access data you are not authorized to access, or use the Service to build profiles of or market to individuals whose data you connect;
• Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service or its infrastructure;
• Reverse engineer, decompile, scrape, or copy the Service except as permitted by law;
• Resell, sublicense, or provide the Service to third parties except your own organization’s authorized users; or
• Upload unlawful, infringing, or malicious content.

We may suspend or terminate access for conduct that violates these Terms or that we reasonably believe risks harm to the Service, other users, or third parties.

06Fees

The Service is currently offered free of charge while in beta. To help cover our costs, we may begin charging fees for the Service or for particular features at any time in the future. Before any charges take effect, we will notify you in advance by email at the address associated with your account.

It is your responsibility to keep a valid email address on file and to ensure that email from Focalect and Alphas Next LLC is not blocked, filtered, unsubscribed, or marked as spam. We are not responsible or liable if you do not receive or do not read a fee notice because our email was blocked, filtered, routed to spam, unsubscribed, or simply not read. If you do not wish to be charged, you may stop using the paid features or close your account before the fees take effect; continuing to use those features after the effective date means you accept the applicable fees.

07Analytics, Accuracy, and No Professional Advice

The Service is provided for informational purposes only and does not constitute financial, investment, accounting, tax, legal, or other professional advice. You are solely responsible for any decisions you make based on the Service, and you should independently verify any figure before relying on it.

08Intellectual Property

The Service, including its software, design, and content (other than Your Data), and all related intellectual property, is owned by Focalect and its licensors and is protected by law. These Terms grant you no rights in it except the limited license in Section 2.

If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

09Third-Party Services

The Service integrates with and links to third-party platforms and services. We do not control and are not responsible for those platforms, their terms, their availability, or the data they provide. Your use of them is at your own risk and subject to their terms.

10Disclaimer of Warranties

To the fullest extent permitted by law, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty as to accuracy, reliability, or uninterrupted or error-free operation. Because the Service is in beta, it may be unstable, may produce errors or inaccurate results, and may lose or corrupt data; you use it entirely at your own risk.

11Limitation of Liability

To the fullest extent permitted by law:

• We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to the Service, even if advised of the possibility.
• Our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) US$100 or (b) the total fees you paid us in the twelve (12) months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12Indemnification

You agree to indemnify and hold harmless Focalect from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to: your use of the Service; Your Data and the accounts you connect; your violation of these Terms; or your violation of any law or third-party right, including any connected platform’s terms.

13Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms or if we discontinue the Service.

On termination, your right to use the Service ends, and we will handle your data as described in our Privacy Policy (including deletion on disconnection or account deletion). Sections that by their nature should survive termination (including Sections 7, 8, and 10–12) will survive.

14Changes to These Terms

We may update these Terms from time to time. We will post the updated version with a new “Last updated” date and, for material changes, take reasonable steps to notify you. Your continued use of the Service after changes take effect means you accept the revised Terms.

15Governing Law and Disputes

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Cook County, Illinois will have exclusive jurisdiction, except that either party may seek injunctive relief where appropriate. Before filing any claim, you agree to first contact us at info@focalect.com and attempt in good faith to resolve the dispute informally.

16Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service.
• Severability. If any provision is held unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices. We may provide notices to you through the Service or the email associated with your account.

17Contact Us

Questions about these Terms: