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Terms of Service

Last updated: June 14, 2026

These Terms of Service ("Terms") govern your use of the FocusMon mobile application and the website at focusmon.com (together, "FocusMon" or "the App"), operated by Fynn Loosen. By downloading, accessing, or using FocusMon, you agree to these Terms. If you do not agree, please do not use the App.

1. Scope and Provider

The provider and your contractual partner for the use of the App is Fynn Loosen, c/o GAM, Pappelallee 64, 10437 Berlin, Germany (contact: contact@focusmon.com; full details in the Legal Notice). These Terms apply to all users of the App. Conflicting or deviating terms of the user do not become part of the contract unless we expressly agree to them in writing.

2. Service Description

FocusMon is a focus timer app with gamified elements: by completing focus sessions you collect virtual creatures ("monsters") that you can evolve, collect, and use in battles. The App also offers online features such as ranked battles and social features (e.g. friend codes). The core functions of the App are free to use; certain content is subject to a charge (see Sections 5 and 6). We continuously develop the App and may modify, add, or discontinue individual features to the extent reasonable for you. Optional features may — where you allow this — include your step count from Apple Health in order to grant in-game rewards; this feature serves entertainment purposes only, is not a medical device, and provides no health, fitness, or medical advice. The step values shown depend on your device and Apple Health; no particular accuracy is owed.

3. Eligibility and Minors

To use the App you need a compatible Apple device and a supported version of iOS. You must be at least 13 years old. Minors under the age of 18 may only use the App with the consent of their legal guardian; for users under 16, the consent of the legal guardian is also required for the processing of personal data (Art. 8 GDPR). Paid purchases by minors require the consent of the legal guardian. By using the App, you confirm that you meet these requirements.

4. Accounts

You may create an account via Sign in with Apple, Google Sign-In, or as a guest. You are responsible for keeping your access credentials confidential and for all activity under your account. Guest accounts are bound to the respective device and cannot be recovered if lost or after reinstalling the device or App. As a rule, one account is intended per person.

5. FocusMon+ Subscription

FocusMon offers an optional, auto-renewable subscription ("FocusMon+") that unlocks additional features:

Manage your subscriptions: apps.apple.com/account/subscriptions

6. One-Time In-App Purchases

In addition to the subscription, FocusMon offers one-time in-app purchases, in particular the "Tip Jar" (voluntary support with a supporter badge) and the "Starter Bundle". These purchases are processed via your Apple account. The statutory right of withdrawal applies (Section 7); apart from that, purchases are binding once the service has been provided. In-app shop items that are acquired exclusively with in-game currency earned through play are not paid purchases within the meaning of this Section.

7. Right of Withdrawal

As a consumer, you generally have a 14-day right of withdrawal for paid contracts. Because purchases (subscription and in-app purchases) are processed through the Apple App Store, Apple is your contractual partner for the purchase; payment processing, invoicing, the exercise of the right of withdrawal, and refunds are governed by the Apple Media Services Terms and Conditions and are handled by Apple. Please direct refund requests to Apple (reportaproblem.apple.com). For digital content, the right of withdrawal may expire early if you expressly consent to performance beginning before the end of the withdrawal period and confirm your awareness that you thereby lose your right of withdrawal. Your statutory consumer rights remain unaffected.

8. Virtual Items and Game Content

Content earned or unlocked within the App (e.g. monsters, rift shards and other in-game currencies, items, ranks) is purely game content. You receive a simple, non-transferable, revocable right of use for the duration of the contract. This content has no real monetary value and cannot be exchanged for real money, paid out, or traded outside the App. We may change game content and its properties for objective reasons (e.g. balancing, technical or legal requirements) to the extent reasonable for you.

9. User Conduct

When using FocusMon, you agree not to:

10. Availability and Updates

We strive for the App to be available with as few interruptions as possible but do not owe any specific level of availability. Maintenance, technical faults, or force majeure may lead to temporary restrictions. We provide you with the updates that are necessary to maintain the conformity of the App (Section 327f German Civil Code). Online features require an internet connection, the cost of which you bear. To preserve your progress, we recommend linking your account (Apple or Google) instead of using guest mode.

11. Warranty for Defects

For paid digital products, the statutory provisions on liability for defects in digital products apply (Sections 327 et seq. German Civil Code). For the free use of the App, the statutory provisions apply with the limitations of liability provided for therein. No warranty exclusion beyond this takes place.

12. Liability

(1) We are liable without limitation for damages arising from injury to life, body, or health based on a negligent or intentional breach of duty, as well as for other damages based on an intentional or grossly negligent breach of duty.

(2) In the event of simple negligence — except in the cases of paragraph (1) — we are liable only for the breach of a material contractual obligation (cardinal obligation), i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In this case, liability is limited to the foreseeable damage typical for this type of contract.

(3) Any further liability is excluded. Liability under the German Product Liability Act and under any guarantee assumed by us remains unaffected.

(4) Insofar as our liability is excluded or limited, this also applies to the personal liability of our legal representatives, employees, and vicarious agents.

13. Term and Termination

(1) The contract for the free use of the App runs for an indefinite period. You may end use at any time by deleting the App or removing your account via Settings → Delete Account.

(2) The FocusMon+ subscription continues until you turn off auto-renewal via your Apple account (see Section 5).

(3) The right of both parties to extraordinary termination for good cause remains unaffected.

14. Suspension for Violations

In the event of a breach of these Terms, in particular of Section 9, we may — depending on the severity and after weighing your interests — remove content, restrict features, or temporarily suspend or permanently terminate your account. In the case of serious or repeated breaches as well as unlawful conduct, we may also suspend the account without prior notice. Payments already made for a subscription are handled by Apple in accordance with Apple's terms.

15. Changes to These Terms

We may amend these Terms where this is necessary for a valid reason (e.g. a change in the legal situation, supreme court rulings, technical developments, the introduction of new features) and the change does not unreasonably disadvantage you. We will inform you of material changes at least 30 days before they take effect by suitable means (e.g. a notice in the App or by email). If you do not object within 30 days of receiving the notice, the changes are deemed accepted; we will point this out separately in the notice. If you object, we may terminate the contract by ordinary notice as of the date the change takes effect. Purely additional features or changes that are solely to your advantage may be implemented without this procedure.

16. Consumer Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 German Consumer Dispute Resolution Act, VSBG).

Note: The online dispute resolution (ODR) platform operated by the European Commission was discontinued on 20 July 2025.

17. Governing Law and Jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection of mandatory consumer protection provisions of the country of your habitual residence (Art. 6 Rome I Regulation). No place of jurisdiction is agreed with consumers; the statutory places of jurisdiction apply.

18. Severability

Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of any invalid provision.

19. Contact

If you have questions about these Terms of Service, please contact us at:
contact@focusmon.com

FocusMon — Focus. Collect. Battle.