TERMS OF SERVICE AND WEBSITE USE

Information about us

These are the terms of service (“Terms”) for ADHDVision Limited (“us/we/our”) which apply to all use of our Focus Revolution by ADHDVision subscription service (“Service”).

We reserve the right to amend these Terms from time to time and will post a message on our homepage along with the new version of the Terms if that happens. Your continued use of the Service will be deemed to be acceptance of any new Terms.

Who we are

We are ADHDVision Limited. We are a company incorporated in the Republic of Cyprus with company number HE 433408. Our registered address is:

Arch. Makariou III 67, floor 2, Office 201, 1070 Nicosia, Cyprus

We trade under the name ADHDVision and Focus Revolution.

    Terms of Service

    Our contract with you

    If you register to create an account (“Account”) with us online, we will confirm whether your application is accepted. Our contract with you (“Contract”) is formed when we communicate this confirmation and is comprised of your online application detailing your chosen subscription package and where these Terms are accepted (“Registration Page”).

    Please note we reserve the right at our discretion to reject applications to use our Service.

    The Contract will run on a one off payment and a recurring monthly subscription basis (as set out in the Registration Page or Registration Confirmation).

    Renewal of Accounts

    For month-to-month Contracts, the initial subscription term is one month. Your Contract will automatically renew for successive periods of one month after the initial subscription term, unless you cancel the Contract before the end of this period (or before the end of the current renewal period).

    Cancellation

    You can choose to stop the Service at any time by cancelling your Contract via paypal or stripe payment providers directly or by contacting our support at support@adhdvision.com . The response may take up to 3 business days. In such case your Contract will expire at the end of the initial subscription term or current renewal period (as applicable). No further subscription fees will be charged but we shall not be obliged to refund any fees paid.

    Termination

    We shall be entitled to terminate the Contract at any time if you are in material breach of the Contract (e.g. fail to pay subscription fees) and either you fail to remedy the breach within the timescale we request or the breach is not capable of being remedied. Where we terminate the Contract due to your breach we shall not be obliged to refund any subscription fees you may have paid us.

    These rights of termination will also apply to you against us. Where you terminate the Contract due to our material breach of the Contract (where we have not remedied the breach within 30 days of your written notification to do so, or the breach is not capable of being remedied), then you shall be entitled to a refund of any fees paid for services which have not been performed.

    Use of your Account

    Once the Contract is formed, and subject to you complying with these Terms, you will be entitled to use, the Services via your Account solely for your own personal purposes and not for any business / commercial related and or income generating activity.

    You must keep your password and account details secure and ensure that only you and Authorised Users access your Account.

    You are responsible for complying with the laws of the country from where you use the Service and to ensure you have all necessary permission and consents in place in relation to your use of the Service.

    Hateful Imagery and Content

    You may not use hateful images or symbols in your profile. You also may not use your profile to engage in abusive behavior, such as targeted harassment or expressing hate towards a person, group, or protected category.

    You may not promote violence against or directly attack or threaten other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. We also do not allow accounts whose primary purpose is inciting harm towards others on the basis of these categories.

    Your right to post content

    Our Service allows You to post content (‘’User Content’’). You are responsible for the content that you post, including its legality, reliability, and appropriateness.

    By posting Content you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Service. You retain any and all of your rights to any content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your content available to other users of the Service, who may also use your content subject to these Terms.

    You represent and warrant that: (i) the content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You expressly understand and agree that you are solely responsible for the content and for all activity that occurs under your account, whether done so by You or any third person using your account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.

    Acceptable Use Policy

    By using the Services, you agree that:

    a. You will only use the Services for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material.
    b. You will not use the Services to cause nuisance, annoyance or inconvenience.
    c. You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any users.
    d. You will not violate the publicity or privacy rights of another individual.
    e. You will not copy or distribute any content displayed through the Services.
    f. You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, non commercial use.
    g. The information you provide to us or otherwise communicate with us is accurate.
    h. You will not use the Services in any way that could damage, disable, overburden or impair any of our servers, or the networks connected to any of our servers.
    i. You will not attempt to gain unauthorized access to any part of the Services and/or to any service, account, resource, computer system and/or network connected to any of our servers.
    j. You will not deep-link to the Services or access the Services manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Services or any content on the Services.
    k. You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
    l. You will not impersonate another person, act as another entity without authorization, or create multiple accounts.
    m. Your User Content does not contain material that solicits personal information from anyone or exploits anyone in a sexual or violent manner, and does not violate any law concerning child pornography or otherwise intended to protect the health or wellbeing of minors.
    n. Your User Content does not violate any state or federal law designed to regulate electronic advertising.
    o. Your User Content does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us in our sole discretion.
    p. The creation, distribution, transmission, public display and performance, accessing, downloading and copying of your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party.
    q. You have fully complied with any third-party licenses relating to your User Content, and have done all things necessary to successfully pass through to viewers any required terms.

    Examples of such objectionable content include, but are not limited to, the following:

    • Unlawful or promoting unlawful activity.
    • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
    • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
    • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
    • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
    • Impersonating any person or entity including the Company and its employees or representatives.
    • Violating the privacy of any third person.
    • False information and features.

    We reserve the right, but not the obligation, to, in our sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. We further reserve the right to make formatting and edits and change the manner of any Content. We can also limit or revoke the use of the Service if you post such objectionable Content. As we cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will we be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

    Payment

    A subscription fee is due in advance for use of the Service (i.e. monthly in advance for month to month Contracts, and annually in advance for annual Contracts). The subscription fee will be detailed in your Registration Page or Registration Confirmation (as applicable). It will be clear before you purchase any Service whether VAT or other applicable taxes are included in the price or still to be added. Your payment will be processed via Stripe or Paypal.

    You may request a refund within the first 30 days of paid service if you are unsatisfied for any reason by emailing support@adhdvision.com. We will refund your first payment in full within 30 days. After the first 30 days all payments are non-refundable.

    You must provide us with valid, up-to-date and complete credit card (or similar card) details, and you authorise us to bill such card on or after the first day of your initial subscription term, and thereafter on or after the first day of each subsequent renewal period.

    Payment by credit card (or similar card) will be processed via Stripe. Where your card payment is not successful, or where you have failed to make payment of our invoice on the due date for payment, we will contact you and suspend access to your Account until payment has been made.

    We shall be entitled to increase our subscription fees upon 14 days’ prior notice to you.

    Please note that you are not entitled to a refund of subscription fees paid to us unless you terminate the Contract because of our material breach or insolvency in accordance with the ‘Our contract with you’ section above. (With the exception of the first 30 days of your paid service.)

    Ownership of Data

    We do not monitor Your Data posted or provided as part of the Service. You are solely responsible for all the data, including the User Content, you enter or upload using the Service (“Your Data”), and any intellectual property rights in Your Data will be owned by you. We will comply with our privacy policy https://www.adhdvision.com/privacy#:~:text=We%20process%20your%20information%20to,legal%20reason%20to%20do%20so.

    in relation to the use of Your Data.

    In the event of any loss or damage to Your Data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up under our archiving procedure. We shall not be responsible for any loss, damage or disclosure of Your Data caused by any third party.

    Where the Contract has expired or the Contract has been terminated by either of us, you may request a copy of Your Data from us within 12 months of the expiry or termination date (as applicable). After that period we will delete your Account, including invoice details, and all Your Data. It is your responsibility to either export and/or copy Your Data prior to the expiry or termination date, or request a copy from us within 12 months days of such date.

    Date Protection

    If Your Data includes any personal data (as that term is defined in the Data Protection Legislation), then you acknowledge that we shall be deemed the data processor and you are the data controller in respect of any such personal data (where “controller”, “processor” and “personal data” have the meanings as defined in Data Protection Legislation).

    We shall comply with our, and you shall comply with your, respective obligations under the Data Protection Legislation (where “Data Protection Legislation” means (i) the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the Republic of Cyprus; and (ii) any successor legislation to the GDPR from time to time in force in the Republic of Cyprus. This section is in addition to, and does not relieve, remove or replace, your or our obligations under Data Protection Legislation.

    The scope, nature and purpose of processing by us is the provision of our Service. The type of personal data will be set out in any data you upload using the Service and the categories of data subjects are any individuals that may be referred to within such data. The duration of the processing is that of our retention period, which is a maximum of 12 months from expiry or termination of your Account.

    You must ensure that you have all necessary consents and notices in place to enable lawful transfer of any personal data to us for the duration and purposes of this Contract.

    We shall, in relation to any personal data processed in connection with the performance by us of our obligations under this Contract:

    • process the personal data only on your written instructions (unless otherwise required by applicable law);
    • maintain records of any processing of personal data that we carry out on your behalf;
    • ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;
    • ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential;
    • assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
    • notify you without undue delay on becoming aware of a personal data breach; and
    • at your written direction, delete or return personal data and copies thereof to you on termination of this Contract (unless required by applicable law(s) to store the personal data).

    You consent to us appointing third-party processors of personal data who assist with web-hosting under this Contract and, in particular, the appointment of Heroku and Microsoft Azure. You acknowledge that our appointment of Heroku and Microsoft Azure may involve transfer of personal data out of the EEA and accordingly you consent to such transfer.

    We confirm that we have entered, or will enter (as the case may be), a written agreement with any such third-party processor incorporating terms which are substantially similar to those set out in this section.

    You warrant that:

    • you are not aware of any circumstances likely to give rise to breach of the Data Protection Legislation (including any personal data breach);
    • you have a lawful basis under the Data Protection Legislation to transfer the personal data to us for processing under this Contract, and such use will comply with all Data Protection Legislation;
    • you will promptly notify us of any action we must take to assist you with ensuring compliance with your obligations under Data Protection Legislation, including with request to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; and
    • the personal data is necessary, adequate, relevant, accurate and up-to-date and you will notify us promptly of any changes to the personal data.

    Availability of Service

    We will endeavour to respond to all customer support queries within 48 hours from Monday through Friday excluding national holidays.You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres.

    We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

    Our rights in the Service

    The Focus Revolution is our proprietary service, and all intellectual property rights in it are owned by or validly licensed to us.

    Software, copyright and related documentation provided in relation to the Service is only provided in relation to your use of the Service and are not provided, or to be used, for any other purpose. Except where this is part of your legitimate use of the Service you are not permitted to copy, modify, republish, download, display or distribute all or any part of such software, coaching session or documentation in any form or media or by any means. Nor are you permitted to reverse compile, disassemble, or reverse engineer such software or make use of such software or documentation to build a product or service which competes with our Service.

    Disclaimer

    The work that we do is not licensed health care. This means that we are not a medical doctors, psychiatrists, psychologists, counsellors or social workers and you acknowledge that if you have worked with, are presently working with, or in the future decide to work with, a licensed person, you should discuss with them your decision made to engage in alternative or complementary tools and techniques.  Furthermore, none of any work done with us should be construed as, nor should you believe that it is, a substitute for the advice of a licensed person.

    Your results may vary from those advertised. You acknowledge that we have not and do not make any representations as to the physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of you receiving the Services and you accept and understand that results differ for each individual.

    We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Services. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

    Your choice, your responsibility for your mental health: While, through the work we deliver, you may be offered advice and other ways of looking at your problems and their solutions for your consideration. You hereby agree that whatever we discuss is only our perspective and is not binding upon you, nor is it a prescription. If you want to discuss our suggestions in relation to your mental health with someone else, you should discuss them with a licensed health care provider.

    Liability

    This section sets out our entire liability to you in respect of any breach of Contract or any use made by you of the Service.The Service is provided on an ‘as is’ basis, and we do not guarantee that the Service will be suitable for your intended use. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

    Without limiting the foregoing, neither we nor any of our providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, their servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.Subject to the paragraph above, we exclude all other liability to the extent permitted by law and we shall not be liable for any loss of business, loss of profit, loss or corruption of data or for any indirect or consequential loss. Except for liabilities we have expressly not excluded, our total aggregate liability arising under the Contract or otherwise relating to the Services shall be limited to the total of subscription fees paid by you in the one month period preceding the date on which the claim arose, or where you have paid for a block period in advance, the average monthly charge for that period.

    General legal provisions

    We shall have no liability to you under the Contract if we are prevented from or delayed in performing our obligations under the Contract or from carrying on our business by acts or events beyond our reasonable control.

    If we choose to waive any particular right we have under the Contract on any particular occasion this does not prevent us from exercising that right on another occasion.

    If any part of the Contract is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Contract.

    You are not entitled to transfer or assign your rights and obligations under the Contract to anyone else without our prior written permission.If there are any disputes arising out of your use of the Service or relating to the Contract then these will be governed by the laws of England. If either party require to raise court proceedings in relation to any such dispute then these proceedings must be raised in England.

    If you wish to contact us in writing or a provision of these Terms requires you to give us a notice in writing (for example, to cancel the Contract), please do so by email at support@adhdvision.com. If we have to contact you or give you notice in writing, we will do so either by e-mail or through skool.com.

    Terms of Website

    Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site:

    Focus Revolution by ADHDVision operated on skool.com.

    By using our site, you may by implication be considered as being subject to the Terms and Conditions of skool.com; we therefore suggest that you also read those terms before you start to use the site.

    Accessing our site

    Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

    From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

    The site is intended for adults. If you use the site, you are affirming that you are at least 18 years old or the legal age of majority in your country of residence (whichever is greater), have the legal capacity to enter into a binding contract with us.

    If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

    You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

    Intellectual property rights

    Other than in relation to content you create or upload using our services, we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    Other than in relation to content you create or upload using our services, the following conditions apply:

    • You may use any of the material on our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
    • You must not modify any materials you have access to from our site, in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    • Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
    • You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
    • If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

    Reliance on information posted

    Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

    Our site changes regularly

    We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

    Our liability

    The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

    Nothing in these Terms seeks to exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. However beyond that we exclude all other liability to the extent permitted at law.

    In no event shall we be liable for any loss of business, loss of profit, loss or corruption of data or for any indirect or consequential loss, and except for liabilities we have expressly not excluded, our total aggregate liability arising under the Contract or otherwise relating to the Service shall be limited to the total of subscription fees paid by you in the previous month.

    Indemnification

    To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless us, our directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the site, software, products, or services, (2) information you submit or transmit through the site, (3) your breach of these Terms, the documents they incorporate by reference, the Contract, or the representations and warranties provided by you, or (4) your violation of any law or the rights of a third-party.

    Information about you and your visits to our site

    We are committed to respecting your privacy. Our privacy policy at https://www.adhdvision.com/privacy#:~:text=We%20process%20your%20information%20to,legal%20reason%20to%20do%20so sets out the terms on which we process any personal data we collect from you, or that you provide to us.

    Transactions concluded through our site

    Contracts for the supply of goods, services or information formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.

    Uploading material to our site

    Other than material that you upload in relation to the use of our services, any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

    We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

    Viruses, hacking and other offences

    You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

    We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

    Linking to our site

    You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    You must not establish a link from any website that is not owned by you unless this is in relation to a forum or blog site or other website where such linking is permitted.

    Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

    If you wish to make any use of material on our site other than that set out above, please address your request to support@adhdvision.com

    Linking from our site

    Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

    Applicable law

    These terms of use shall be governed by the laws of the Republic of Cyprus. If either party require to raise court proceedings in relation to any dispute relating to these terms or your use of our site then these proceedings must be raised in the Republic of Cyprus.

    No waiver

    No failure or delay on our part in exercising any right, power or remedy under these Terms may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under these Terms.

    Variations

    We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

    Your concerns

    If you have any concerns about material which appears on our site, please contact support@adhdvision.com.

    Thank you for visiting our site.