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.
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Definitions and Interpretation
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In this Agreement, the following words shall have the following
meanings:
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“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;
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“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.
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“Focus" means the mood prediction application based on
typing biometrics that allows users to see their mood and typing
activity;
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“TypingDNA” means TypingDNA Inc. a US, Delaware company,
headquartered in 77 Sands Street, Brooklyn, NY, 11201;
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“User” means the natural person who downloads, installs,
uses, accesses, interacts with Focus to observe our predictions
about its mood and typing activity;
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“We" and "Us" means TypingDNA Inc. and its
successors and Affiliates, and "our" and "ours"
shall be construed accordingly.
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In this Agreement, words importing the singular include the plural
and vice versa, and words importing a gender include every gender.
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Focus
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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.
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We have designed Focus primarily to:
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Allow Users to observe our prediction about their mood based on
typing;
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offer insights into their typing activity on their device
(including mood fluctuations), and offer suggestions that can
lead to productivity increase and efficient planning;
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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.).
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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.
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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.
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Some functions of Focus, such as specific/premium mood
predictions, may be unlocked through one of the following
methods:
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“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
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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.
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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.
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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.
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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.
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Other methods, such as paying for premium features, or to use
for commercial purposes.
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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.
The technology already embedded in Focus allows it to analyze
Users typing biometrics data directly on their device, without any
transfer of their typing biometrics data to Us. We do not process
or track or otherwise have access to Users activity on their
device. However, with Users’ prior consent, We will collect
anonymous statistical data from Focus that can help Us improve
Focus and give Users better predictions.
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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.
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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).
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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.
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Use of Focus subject to this Agreement
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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.
- We provide Focus on an “as is” and “as available” basis.
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Focus is NOT a medical application and should not be even slightly
considered for medical monitoring.
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We have the right to specify or vary from time to time the features
of Focus without prior notice.
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We provide Focus subject to the following:
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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.
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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.
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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.
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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.
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Limitation of our liability
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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.
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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.
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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.
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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.
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Indemnification
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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.
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Modification, suspension, and termination of Focus
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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.
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Modification and revision of the Agreement
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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.
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Governing law
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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.
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Miscellaneous
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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.
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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