TypingDNA Focus Terms of Service

BY DOWNLOADING, INSTALLING, REGISTERING TO USE AND USING TYPINGDNA FOCUS APPLICATION, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU SHOULD NOT USE FOCUS.

Definitions and Interpretation
1. In this Agreement, the following words shall have the following meanings:
  - “Affiliates" means any company or other entity, which directly or indirectly controls, is controlled by, or is under joint control with a party of this agreement. For this purpose, a party is deemed to control a company or entity if it (a) owns, directly or indirectly, at least 50 percent of the capital of the other company, or (b) in the absence of such ownership interest, substantially has the power to direct or cause the direction of the management and set the policies of such company or entity;
  - “Personal Information” means the categories of personal data provided by the User (directly or indirectly) for the purpose of signing up to (and signing-in) Focus.
  - “Focus" means the mood prediction application based on typing biometrics that allows users to see their mood and typing activity;
  - “TypingDNA” means TypingDNA Inc. a US, Delaware company, headquartered in 77 Sands Street, Brooklyn, NY, 11201;
  - “User” means the natural person who downloads, installs, uses, accesses, interacts with Focus to observe our predictions about its mood and typing activity;
  - “We" and "Us" means TypingDNA Inc. and its successors and Affiliates, and "our" and "ours" shall be construed accordingly.
2. In this Agreement, words importing the singular include the plural and vice versa, and words importing a gender include every gender.
Focus
1. We have developed a mood prediction app based on typing biometrics that allows users to see their predicted mood and typing activity. Focus is a mood prediction, mood tracker, typing analyzer, productivity and health & fitness application which may be downloaded from the TypingDNA website, at https://www.typingdna.com/focus to the User’s device (Mac, PC or mobile) and used to provide Users with valuable information about when and how they use their device when they type.
2. We have designed Focus primarily to:
  - Allow Users to observe our prediction about their mood based on typing;
  - offer insights into their typing activity on their device (including mood fluctuations), and offer suggestions that can lead to productivity increase and efficient planning;
  - offer Users fun insights related to their typing activity on their devices (such as how often they type, preferred times of day, quality or quantity of typing, mood and mood fluctuations, etc.).
3. Focus relies on (built-in) typing biometrics proprietary technology and analyzes how Users type so that they can discover when they are most focused, tired, or stressed, as well as other moods, mental states or emotions. It gives Users insights based on their typing behaviour, which will include weekly trends, daily activity breakdown, engage window, focus levels, and immediate analysis of their mood, among other things. This way, Users can use Focus to know when they are most focused, better plan their daily activities, and improve their productivity.
4. Focus is provided free of charge for non-commercial use only, in accordance with Polyform Strict License 1.0.0, linked here: https://polyformproject.org/licenses/strict/1.0.0/. In order to be able to download and use Focus, the User needs a valid/active Google email account. For the time being, sign-up to Focus is possible only with a Google email account.
5. Some functions of Focus, such as specific/premium mood predictions, may be unlocked through one of the following methods:
  - “Invite your friends to use the Focus” – Users can unlock additional features and functionalities of Focus by inviting their friends to download and use Focus. If Users choose this option, they have to copy the URL link uniquely associated with their Google account and send it to their friends. We will unlock the requested feature of Focus once the assigned URL has been used by them to successfully download and log in into the app. As mentioned above, Users’ friends will also need a valid/active Google email account to download and sign-in to Focus; or
  - Participate in our Public Research – alternatively, Users can unlock the additional functionalities of Focus by helping us improve the app and the technology behind it. To do so, Users may agree to contribute to Our Public Research, which is available here: https://public-research.typingdna.com/. To unlock the available features, Users will be required to complete a certain target/objective (i.e. quantity of typing on Our Public Research website). Such target will be communicated to Users once they choose this option.
  - We are currently running a research and development programme (the Public Research programme), seeking to identify certain behavioural metrics in the way people type, depending on a variety of stimuli they are subjected to, or circumstances they may find themselves in. The purpose of the Research Study is to identify particular typing patterns defined as behavioural patterns and data that can be related to typing, touch and pointer input (including, but not limited to, speed of typing, pressure applied, intervals between keystrokes, telemetry information, typing rhythms, touch and swipe pattern etc.) depending on various emotions participants feel at a given moment, the research is also used to develop and further improve our typing biometrics technologies for any potential use, including but not limited to user authentication.
  - Please note that Public Research is subject to a different Privacy Policy. You can consult the applicable Privacy Policy here: https://public-research.typingdna.com/privacypolicy.
  - If Users decide to use this option, they should use the same Google email account as they use for signing-up to Focus for signing up to the Public Research, as this is the only way We will be able to verify that Users have met their typing target and unlock the additional features of Focus.
  - Other methods, such as paying for premium features, or to use for commercial purposes.
6. Even though the Focus relies on typing biometrics proprietary technology to analyze Users typing activity on their device, We do not track Users activity on their devices remotely, and Focus works (once downloaded on their device) without any form of interaction between Users and Us, with the exception of eventual updates and initializations of Focus when Focus starts, and at sign up/sign in where We communicate with our servers in order to be able to activate Users account and unlock premium features in Focus.
7. For avoidance of doubt, We DO NOT keylog/log Users typed text in the cloud through the Focus. We only record their typing biometrics on the device only to run our prediction algorithms on the device as well. For better clarity, as previously mentioned, We do have a different research app (called Public Research app), that runs in browser only, where We allow anyone who opts in for it to help Us build better algorithms by typing in a chat window/answering some questions.
8. Any data resulted from the User’s typing activity is stored locally and encrypted. For this reason, the Users are responsible to protect their local data. We shall not bear any responsibility whatsoever for any vulnerabilities the Users’ devices might have (including hacking).
9. As previously mentioned, Focus will only be available via the TypingDNA website. We are not responsible for potential faults/exploits generated by the wrongful download.
Use of Focus subject to this Agreement
1. Our provision and the User’s use of Focus are subject to this Agreement. Once the User uses Focus, the User will be regarded as having accepted and will be bound by this Agreement.
2. We provide Focus on an “as is” and “as available” basis.
3. Focus is NOT a medical application and should not be even slightly considered for medical monitoring.
4. We have the right to specify or vary from time to time the features of Focus without prior notice.
5. We provide Focus subject to the following:
  1. The Users acknowledge that Focus will require them to share certain information which may include limited personal information (such as their Google email address, Google username/full name and, if set, their profile picture associated with the Google account, and/or other public Google account information. Please check our Privacy Policy, available here, which states how We process personal information. Using Focus shall be considered as agreement to the terms of the Privacy Policy.
  2. We bear no responsibility or liability whatsoever if the User’s email address or device is stolen or hacked, or if there is unauthorized use or access by a third party of its email address or any other device.
  3. The User is responsible to use the latest version of Focus which We will make available via the application or the application page at https://www.typingdna.com/focus. We bear no responsibility for any faults or errors encountered by the Users in old versions or latest versions of Focus.
6. The User will use Focus only for its own purpose and will refrain from (a) reselling or renting Focus to third parties; (b) reverse engineer, decrypt, disassemble or reverse compile Focus; (c) remove, alter, hide or obscure any copyright notice, trademark or other proprietary rights notice embedded in, appearing on or otherwise pertaining to any part of Focus; (d) create or attempt to create any product or service that is substantially similar to, or performs the same or substantially similar functions as, or otherwise competes with any part of Focus; or (e) cause anyone else to do any of the foregoing.
Limitation of our liability
1. We do not provide any warranty, whether express or implied, of any kind regarding Focus including any warranty of merchantability, fitness for a particular purpose, title or non-infringement of right.
2. We are not liable for any loss, damages or expenses of any kind incurred or suffered by the Users arising from or in connection with their use of or inability to use Focus.
3. We do not guarantee that Focus will work uninterrupted, error-free, or the results that may be obtained by using Focus will be accurate or reliable.
4. IN NO EVENT SHALL WE OR OUR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, PRODUCTIVITY, OPPORTUNITY OR PROFIT, OR DUE TO BUSINESS INTERRUPTION), UNDER ANY LEGAL THEORY OR CLAIM EVEN IF ADVISED OF THE POSSIBILITY THEREOF, INCLUDING WITHOUT LIMITATION LIABILITY ARISING OUT OF BREACH OF CONTRACT, TORT, OR THE USE, INABILITY TO USE, POOR PERFORMANCE, OR DEFECTS OF FOCUS.
Indemnification
1. The User will indemnify and hold Us (and our Affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, complaint, demand or damage including reasonable attorneys' fees, made by any third party due to or arising out of the User’s breach of this Agreement, or the User’s violation of any law or the rights of a third party. The User shall be liable for any of its activities, which infringe or may infringe against the rights of any third party.
Modification, suspension, and termination of Focus
1. We reserve the right to modify, update, suspend or terminate Focus or its use by the Users or as a whole at any time without giving prior notice or reason where We reasonably consider necessary or advisable to do so. These cases may include actual or suspected breach of security.
Modification and revision of the Agreement
1. We have the right to update, revise or amend the Agreement and/or introduce additional terms and conditions from time to time. Continuing use of Focus signifies the User’s agreement to be bound by the current version of the Agreement. While We will make reasonable efforts to notify the User of substantial changes brought to these documents, the User is exclusively responsible and liable for keeping up to date of the latest applicable version of these documents. We may give notice by displaying it here or other means as We consider appropriate. The User will be bound by any variation if the User uses Focus on or after the effective date of the variation.
Governing law
1. This Agreement shall be governed by and construed in accordance with the laws of New York, US and the User irrevocably submits to the exclusive jurisdiction of the courts in that State or location.
Miscellaneous
1. If any provision of the Agreement shall be held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of the Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like economic effect.
2. We may assign or transfer all or any of our rights and obligations under this Agreement to any Affiliate without User’s prior consent.

June 2021