Terms of Service
Effective date: 2026-09-28
These Terms of Service (the "Terms") govern access to and use of the FocusUp website, web application and desktop applications (collectively, the "Service"), operated by NEOTALENT K.K. ("FocusUp", "we", "us"). By creating an account or using the Service you agree to these Terms on behalf of yourself and, where applicable, the organization you represent (the "Customer").
1. The Service
FocusUp measures work sessions initiated by users (time, input activity, foreground applications and URLs, and — where enabled by the Customer — periodic screenshots) and generates AI-based analyses and reports for the tracked user and the Customer's authorized managers and administrators.
2. Accounts and responsibilities
- You must provide accurate registration information and keep credentials secure.
- The Customer is responsible for its lawful basis to monitor members of its organization, including any notice, consent or works-council requirements applicable in the jurisdictions where its members work. FocusUp provides consent recording and privacy controls, but the Customer remains the data controller of member data.
- You may not use the Service to monitor individuals without their knowledge. Covert monitoring is a violation of these Terms and grounds for termination.
- You may not resell, reverse engineer, or interfere with the Service.
3. Subscriptions and billing
- Paid plans are billed per seat, monthly or annually in advance, via Stripe. For workspaces created on or after September 28, 2026, a seat is a member who has connected the FocusUp desktop app; members who were invited but never connected are not billed. Seat counts adjust automatically with prorated charges.
- Free plan: for workspaces created on or after September 28, 2026, the Free plan covers one person (the workspace administrator). Workspaces created earlier keep their previous Free plan limits.
- 14-day pilot (outside Japan): to add team members, the Customer starts a 14-day pilot by registering a payment method. Nothing is charged at registration. We e-mail the workspace administrators at registration and 7 days and 3 days before the pilot ends. Unless the Customer cancels before the pilot ends, the subscription starts automatically on the date shown at registration and is charged per seat as described above. The pilot can be cancelled at any time from the Billing page; if it is cancelled before it ends, nothing is charged. If no member has connected the desktop app by the end of the pilot, we cancel it without charge. When fewer than two members have connected, the pilot can be extended once by 7 days. Each workspace can use the free pilot period once.
- Japan: workspaces in Japan start a 14-day free trial of the Team plan without a payment method, and annual plans can be paid by bank transfer against an invoice. When the trial ends, the workspace moves to the Free plan unless a paid plan is chosen.
- Money-back guarantee: for subscriptions that started from a pilot, the Customer may request a full refund of the payments made, within 30 days after the first charge, from the Billing page; the refund also cancels the subscription. One refund per workspace. Otherwise, fees are non-refundable except where required by law.
- Prices exclude applicable taxes (VAT, GST, JCT, sales tax), which are calculated at checkout where required.
- You may cancel at any time from the Billing page. A paid subscription stays active until the end of the current billing period and then ends; the organization reverts to the Free plan and its data remains available.
- Workspaces created before September 28, 2026 keep the 14-day free trial of the Team plan they started with, which requires no payment method; if trial time remains when a payment method is added, the first charge occurs when the trial ends.
4. Customer data
- The Customer owns the data collected through the Service. FocusUp processes it solely to provide the Service as configured by the Customer (see the Privacy Policy and, where executed, the Data Processing Addendum).
- Tracked members can always access the data collected about them ("data parity"); this is a product guarantee and cannot be disabled.
- Data is retained per the Customer's configured retention window and deleted on organization deletion.
5. AI-generated content
Reports and analyses are generated by machine-learning models and may contain inaccuracies. They are provided for informational purposes and must not be used as the sole basis for employment decisions. The Customer is responsible for human review of any consequential decision.
- AI suggestions for quests are generated from the member's own work record and are shown only to that member.
- Experience points (XP), levels, titles and badges are motivational features, not a measure of performance. FocusUp recommends that the Customer not use them for HR evaluations.
6. Availability and support
We aim for high availability but do not guarantee uninterrupted operation. Planned maintenance and factors outside our control may affect the Service. Support is provided by email during business hours (JST).
7. Disclaimer and limitation of liability
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORKLENS'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE FEES PAID BY THE CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
8. Termination
We may suspend or terminate accounts that violate these Terms, including covert-monitoring violations, non-payment, or abuse of the Service. The Customer may delete its organization at any time from the settings screen, which permanently removes its data.
9. Changes
We may update these Terms with reasonable notice (email or in-app). Continued use after the effective date of changes constitutes acceptance.
10. Governing law
These Terms are governed by the laws of Japan. Exclusive jurisdiction lies with the Tokyo District Court, without prejudice to mandatory consumer or employment protections of the user's residence.
Contact
NEOTALENT K.K. — legal@neotalent.net