Terms of Service
The terms covering use of the Focal image processing and delivery service.
Who you are contracting with
These terms cover use of Focal, the service at focaltool.com, and nothing else. We sell subscriptions through a merchant of record, whose registered details appear on the invoice it issues you.
What the service does
Your originals stay where they are. Each request names the output in its path. We fetch the source, produce that version and serve it from cache. We never write to your storage and never hold an original.
Subscription and billing
We sell tiers in worker units. One unit is one CPU, and your tier sets how many images your account can process at once. We bill monthly, in advance, in US dollars. Each tier also carries a monthly figure for source images and for delivered bandwidth, under the fair use clause below. If you ask again for a size we have already produced, we do not count it twice. Operations that run in the background, change colour or apply effects count as advanced, and on the smaller tiers an image using them counts as several source images, at the multiplier on the price list. From 32 units upward an account may run past what its tier carries, and we put any rate for that excess to you in writing first.
Free trial
The entry tier includes 14 days free. Larger tiers do not, and we charge for them at checkout. A trial needs a card, which you add at checkout. We charge that card for the first month on the day the trial ends, unless you cancel before then. Each account gets one trial, on its first subscription, and a later subscription starts paid.
Fair use of bandwidth
Each tier states the source images it processes and the bandwidth it delivers in a month, and we never count a size we have already produced. Fair use means serving images to people visiting your own sites and apps. It does not cover using the service as a general file host, for downloads, video or anything that is not an image. If you go past either figure, or outside fair use, we talk to you before charging anything above the tier fee. Under 32 units we discuss moving tier. From 32 up we offer an overage rate for you to agree. We never cut off delivery mid-month for going over.
Taxes
Prices exclude tax. Our payment provider is the merchant of record and works out any sales tax, VAT or GST at checkout, so the amount shown before you pay is the amount we charge.
Your images
Every right in the images remains yours. We cache derivatives so we can serve them, and we drop them when they expire or when you purge them. We do not look inside them, index them, sell them or train anything on them.
Acceptable use
You must not point the service at unlawful material, or use it to relay media you have no right to distribute. We may suspend an account that does either. We may also rate limit automated traffic heavy enough to degrade the service for other customers.
Availability
We make no contractual uptime commitment unless we agree one with you in writing. We will tell you before that changes.
Suspension and termination
Cancel whenever you like, from the dashboard. We may suspend an account for non-payment once we have written to you, or at once for the acceptable-use breaches above. When an account ends, delivery stops and we drop the cached derivatives. Your originals are untouched, because we never held them.
Warranties and liability
We make no warranties beyond those the law requires. Our total liability is capped at the fees you paid in the three months before a claim.
Changes to these terms
We write to the account address at least 30 days before a material change takes effect. If you keep using the service after that date, you accept the change.
Governing law
These terms are governed by the law of India, and any dispute under them belongs to the Indian courts of competent jurisdiction.