Terms of Service

Effective Date: October 1, 2026
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Last Updated: October 1, 2026

Welcome to Focus Period. These Terms of Service (“Terms”) constitute a legally binding agreement made between you (“User,” “you,” or “your”) and Company, a Michigan limited liability company with its principal place of business at 8597 Eldora Drive SW, Byron Center, Michigan 49315 (“Company,” “we,” “us,” or “our”), governing your access to and use of the website https://www.focusperiod.com/ and the Focus Period education scheduling software (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a school, school district, or other legal entity, you represent that you have the authority to bind such entity to these Terms.

1. Description of Service

Focus Period is an educational software platform provided by Company that enables educators to schedule intervention periods, facilitates student access to academic support, and provides administrators with tracking and reporting capabilities.

2. Account Registration and Responsibilities

  • Account Creation: Users must provide accurate, complete, and current registration information when setting up accounts on behalf of an educational institution.
  • Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account. You agree to notify Company immediately upon discovering any unauthorized account usage or security breach.
  • Authorized Users: Access is restricted to authorized school personnel, administrators, teachers, and enrolled students designated by the participating institution.

3. Acceptable Use Policy

When accessing or using the Service, you agree not to:

  • Use the Service for any unlawful purpose or in violation of local, state, federal, or international laws.
  • Reverse-engineer, decompile, disassemble, copy, modify, or create derivative works of the Focus Period software platform.
  • Upload, transmit, or introduce viruses, trojans, worms, or other technologically harmful material into the Service.
  • Attempt to gain unauthorized access to any portion of the platform, user accounts, or server infrastructure.
  • Impersonate any person or entity or misrepresent your affiliation with an educational institution.

4. Intellectual Property Rights

The Focus Period software, domain name, website layout, branding, logos, trademarks, and underlying source code are the exclusive property of Company and its licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property, except for the limited, non-exclusive, non-transferable right to access and use the Service for internal educational purposes.

5. User & School Data Ownership

  • The educational institution retains all rights, title, and ownership interest in and to all data, records, and information uploaded to or generated within the platform by its staff and students.
  • Company is granted a limited license to process, store, and display such data solely as necessary to provide, maintain, and improve the Service.

6. Disclaimer of Warranties

The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, or statutory. Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will operate uninterrupted, error-free, or completely free of security vulnerabilities. Notwithstanding the foregoing, nothing in this Section 6 shall exclude or limit any warranty, representation, or liability to the extent such exclusion or limitation is prohibited under applicable law, including the laws of the State of Michigan.

7. Limitation of Liability

To the fullest extent permitted by law, Company, its officers, members, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages—including loss of data, loss of business, or service interruption—arising out of or in connection with your use or inability to use the Service. In no event shall Company’s total aggregate liability exceed the greater of (a) the total fees paid by you to Company during the twelve (12) months preceding the event giving rise to the claim or (b) one hundred dollars ($100); provided that, where the Service is provided to you at no fee, Company's total aggregate liability shall not exceed one hundred dollars ($100). Notwithstanding anything to the contrary in these Terms, nothing in this Section 7 or in Section 6 shall exclude or limit Company's liability to the extent such exclusion or limitation is prohibited under applicable law, including the laws of the State of Michigan.

8. Indemnification

You agree to defend, indemnify, and hold harmless Company and its members, officers, employees, and agents from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to your violation of these Terms or your unauthorized use of the Service. Notwithstanding the foregoing, if you are a governmental entity, public school, public school district, or other public body, your obligation to defend, indemnify, and hold harmless the Company shall apply only to the extent permitted by applicable law, it being acknowledged that many Michigan public schools and governmental entities are limited or prohibited by law from providing indemnification.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the state or federal courts located in Kent County, Michigan, and you irrevocably submit to the personal jurisdiction of such courts. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. Before initiating any formal proceeding, the parties agree to attempt in good faith to resolve the dispute through informal negotiation by providing written notice of the dispute and conferring for at least thirty (30) days.

10. Modifications to Terms

We reserve the right to revise these Terms at any time. Material changes will be communicated via notice posted on our website or sent directly to administrator accounts. Your continued use of the Service following the posting of revised Terms indicates your acceptance of the updates. Material changes will take effect only after reasonable advance notice to Users, and the “Last Updated” date at the top of these Terms will be revised to reflect the effective date of any such changes.

11. Termination and Suspension

Company may suspend or terminate your access to the Service, in whole or in part, with or without notice, if we reasonably determine that you have violated these Terms, engaged in unlawful or unauthorized use of the Service, or created a security or operational risk to the Service or other users. An educational institution may terminate its account at any time upon written notice to the Company. Upon any termination, your right to access and use the Service will immediately cease. Following termination, and upon written request made within thirty (30) days thereafter, the Company will make the educational institution's data available for export or will return such data; after that period, the Company may delete or de-identify such data in accordance with its data-retention practices and applicable law, except to the extent retention is required by law. Provisions of these Terms that by their nature should survive termination—including intellectual property rights, data ownership, disclaimers of warranties, limitation of liability, indemnification, and governing law—shall survive.

12. Severability; Entire Agreement; No Waiver; Assignment

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable or, if it cannot be so modified, severed, and the remaining provisions shall continue in full force and effect. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Company regarding the Service and supersede all prior or contemporaneous understandings, whether written or oral. No failure or delay by the Company in exercising any right under these Terms shall operate as a waiver of that right, and no single or partial exercise of any right shall preclude any further exercise of it or any other right. You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent; the Company may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section shall be null and void.

13. Contact Information

For any questions or legal inquiries regarding these Terms of Service, please contact: