These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User” or “you”) and Focus Ad Ai (“Focusad.ai,” “we,” “us,” or “our”) governing your use of the Focus Ad.ai platform (referred to as the “Platform/Services”).
By accessing Platform or using the Services, you agree to the following Terms of Service:
Definitions
The following terms has the meaning set out to each of it as follows:
- Communication Surcharges: Additional fees levied by communication service providers or telecommunication carriers in connection with the utilization of the Platform.
- Feedback: Suggestions, ideas, or proposals offered by users to Focus Ad Ai concerning enhancements, improvements, or new features for the Platform.
- Fees: Charges linked to the use of the Platform, encompassing subscription fees and supplementary service charges.
- Focus Ad Ai Marks: The name, logos, and service marks affiliated with Focus Ad Ai.
- Information: Data compiled by Focus Ad Ai about users and customers on the Platform.
- Login Credentials: Usernames and passwords utilized for accessing the Platform Account.
- Platform: The entirety of services, content, communication channels, and features provided by Focus Ad Ai via its website or mobile application, inclusive of www.focusad.ai, or any other website developed under the Focus Ad Ai brand.
- Platform Account: An account established by users to access and utilize the Platform.
- Platform Content: All content, data, features, and functionalities accessible on the Platform, excluding User Contributions.
- Prohibited Conduct: Actions delineated in Section 3 of the Terms.
- Services: Assortment of product integrations and services extended by Focus Ad Ai on the Platform.
- Sub-Account: Subscription associated with a particular business entity under a Platform Account.
- Third Party Content: Content, promotions, or offers furnished by third parties, or links to external third-party websites accessible on the Platform.
- Third Party Services: Services rendered by third-party vendors and provided by Focus Ad Ai as part of the Platform.
- Training: Instructional materials, information, or recommended practices dispensed by Focus Ad Ai regarding Platform usage.
- User Contributions: Content or materials posted, submitted, uploaded, published, displayed, or transmitted by users on the Platform or directly to Focus Ad Ai.
1. Acceptance of Terms
Upon accessing the Platform or utilizing the Services, you acknowledge that you have read, comprehended, and consented to abide by these Terms. If you are using the Services on behalf of an entity, you confirm that you possess the authority to bind said entity to these Terms, and the terms “you” and “your” pertain to that entity.
2. Description of Services
Focus Ad Ai furnishes a Platform encompassing a comprehensive array of services tailored to address the varied requirements of businesses across diverse sectors. These Services encompass Custom CRM, Web Development, UI / UX Design, Social Media Management, Branding, Marketing Strategy, Search Engine Optimization, Content Creation, E-Commerce Solutions, Digital Media Buying, Google Analytics, and Lead Generation. Additionally, the Services may entail the provision of software tools, analytics, and support services pertinent to your clientele.
3. User Accounts
To access specific features of the Services, registration for a user account (“Account”) may be necessitated. You commit to supplying precise, current, and complete information during the registration procedure and agree to maintain the accuracy, currency, and completeness of such information. You are accountable for safeguarding the confidentiality of your Account credentials and for all activities conducted under your Account.
4. Platform Use
You commit to utilizing the Services solely for lawful purposes and in adherence to these Terms of Service.
4.1 Age Restrictions:
Access to Focus Ad Ai Platform mandates a minimum age of 18 years. By using the Platform, you affirm meeting this age requirement. If minors under 18 access the Platform under your supervision, you bear full responsibility for their compliance with these Terms.
4.2 Platform Account Ownership:
When creating a Platform Account, you agree to furnish accurate information. The Platform is intended for business or professional individual use. By accepting these Terms, you assert ownership of the Platform Account, or if representing a business entity, you affirm authority to bind it to these Terms.
4.3 Intended Use:
You and your customers may employ the Platform solely for lawful purposes in alignment with these Terms. You agree to maintain all necessary licenses, permissions, and authorizations. Responsibility lies with you for the actions of employees, agents, and customers using the Platform.
4.4 Prohibited Uses:
- The following activities on the Platform are strictly prohibited and may result in immediate account suspension or termination by Focus Ad Ai:
- Violation of laws or regulations
- Intentional harm to individuals
- Transmission or reception of material violating these Terms
- Unlawful advertising, including spam
- Impersonating Focus Ad Ai or others
- Interfering with Platform use
- Conducting harmful activities
- Reselling or subcontracting Platform/Services use
- Disrupting Platform functionality or access
- Unauthorized copying of Platform material
- Introducing harmful software or material
- Attempting unauthorized access or disruption
- Denial-of-service attacks against the Platform
4.5 Privacy:
Your Platform usage implies consent to our Privacy Policy. You must implement and enforce your Privacy Policy for customers, ensuring it aligns with Focus Ad Ai standards.
4.6 Login Credentials:
Protect your Login Credentials and report unauthorized access promptly. Focus Ad Ai may disable Login Credentials if Terms violations are suspected.
4.7 Use of Communication Services:
When using communication features, you are solely responsible for compliance with relevant laws. Focus Ad Ai acts solely as a technology platform provider.
4.8 Third Party Services:
Focus Ad Ai may integrate Third Party Services within the Platform. We disclaim liability for issues arising from their use and do not endorse or guarantee Third-Party Content accuracy.
4.9 Customizations:
You may customize specific sections of the Platform with your branding. However, you assume full responsibility for any copyright, trademark, or intellectual property issues arising from your modifications. Focus Ad Ai reserves the right to remove modifications without notice.
4.10 Excessive Use Restrictions:
Focus Ad Ai offers tiered-pricing plans to accommodate varying data usage levels. Excessive usage may lead to account actions, including suspension or termination, at Focus Ad Ai discretion.
4.11 Platform Updates:
Focus Ad Ai retains the right to implement updates or modifications to the Platform. Your subscription is not contingent upon specific functionalities or features.
4.12 International Use:
Access to the Platform is prohibited in embargoed countries or for sanctioned persons. Focus Ad Ai does not guarantee suitability or availability of materials outside the United States. Users accessing the Platform from other locations do so at their own risk and must comply with local laws.
5. Payment Terms
5.1 Fees:
Your access to Focus Ad Ai Platform is subject to timely payment of all Fees. Fees may vary over time. All Fees exclude Communication Surcharges, which you must pay separately and will be itemized on your invoice. Fees and Communication Surcharges are nonrefundable and will be charged to your registered credit card in advance for subscription services. You agree to maintain accurate billing information and promptly notify us of any changes.
5.2 Noncancellable Fees:
Certain Service subscriptions require a noncancellable minimum commitment, which remains in effect until fulfilled. Noncancellable Fees will continue until the minimum commitment is met.
5.3 No Mark-Ups:
You may not increase Focus Ad Ai Fees passed to your customers or third parties. You are solely responsible for pass-through Fees, including refunds and chargebacks, without Focus Ad Ai intervention.
5.4 Taxes:
You are solely responsible for Taxes associated with your Platform usage and transactions with customers. Focus Ad Ai may collect Taxes as part of Fees as legally required. You agree to indemnify Focus Ad Ai for all Tax-related Claims.
5.5 Overdue Amounts:
If payment issues arise, we may suspend Platform access until outstanding Fees are settled. You agree to reimburse us for any recovery expenses, including legal fees.
5.6 Payment Disputes:
Notify us of any Fee disputes within thirty (30) days of invoicing. Pending disputes require payment to avoid waiving your dispute rights. Cooperation is essential for timely resolution.
5.7 No Refunds or Credits:
Fees are non-refundable, except as required by law or determined by Focus Ad Ai in its discretion. Focus Ad Ai may deny refunds or credits for unused subscriptions.
5.8 Cancellations:
You’re responsible for canceling associated Services promptly, and Fees apply until cancellation. No refunds are provided for improperly canceled Services.
5.9 Financial Transaction Responsibility:
You’re solely responsible for all financial transactions on the Platform, including chargebacks, regardless of cause.
5.10 Focus Ad Ai Ai Ads Pro:
DIY (Do-It-Yourself) Subscription Policy
By purchasing Ai Ads Pro – DIY Plan, you agree to all applicable Terms, Policies, and Agreements. You acknowledge and accept the following:
- You are enrolled in a 7-day free trial, which includes access to the platform’s core features.
- The trial does not include phone numbers, SMS, email services, or any usage-based tools by default.
- You are eligible to receive a $5 communication credit (for phone number and email services), but it will only be activated if you manually enable the services from your account dashboard.
- A 10% management fee will apply to any advertising spend managed through the platform, including during the trial period.
- After the trial ends, your selected subscription will be automatically billed unless canceled in advance. Cancellation must be done through your Focus Ad Ai dashboard under Company Billing › Cancel.
- No refunds will be issued once the trial ends and the subscription activates.
DFY (Done-For-You) Subscription Policy
By purchasing Ai Ads Pro with DFY service, you agree to all applicable Terms, Policies, and Agreements. You acknowledge and accept the following:
- All subscriptions, set-up fees, and usage-based charges for DFY services are non-refundable, regardless of onboarding status or cancellation timing.
- As part of your DFY onboarding, you will receive a one-time $25 credit to offset the cost of your initial phone number and A2P (10DLC) registration, which are mandatory carrier compliance fees.
- By signing up, you acknowledge and agree to this no-refund policy.
Shared Payment Disclaimer
By subscribing to either plan, you agree to the following terms:
- Ad Spend & Management Fee: A 10% fee applies to all advertising budgets managed through Ai Ads Pro.
- Usage-Based Charges: In addition to your subscription, you may incur charges for SMS, phone calls, and emails.
- Auto-Recharge: The system will automatically charge $10 to your card whenever your communication credit balance drops below $5. You can change this setting in your Billing Settings.
- Monthly Credit: Focus Ad Ai provides a $5/month credit to help offset tracking numbers and AI-driven lead notifications (SMS & email).
- Variable Rates Notice: Charges for communication services and platform usage may vary at any time due to pricing changes by Focus Ad Ai or our third-party vendors. These changes may occur without prior notice.
- Consent to Communicate: By submitting payment, you agree to receive SMS and email communications from Focus Ad Ai, including lead alerts and account updates. You may opt out of SMS at any time by replying “STOP.”
| Service | Charge per Unit | Approx. Usage per $10 |
|---|---|---|
| $0.0014/email | ~7,145 emails | |
| Outgoing Calls | $0.021/min | ~475 minutes |
| Incoming Calls | $0.0128/min | ~780 minutes |
| SMS (Text Msg.) | $0.0119/segment | ~840 segments |
5.11 Focus Ad Ai Ai Assistants Pro:
Ai Agent Usage & Credit Policy By enabling Focus Ad Ai Ai Agents, you agree to the following terms
| Charge | Rate | Notes |
|---|---|---|
| Ai Agent Talk Time | $0.11 per minute | Billed against your Ai credit balance. |
| Dedicated Local/ Toll-free Number | $2.50 per month | One number required per Ai agent. |
| Auto-Recharge | $10 top-up whenever balance < $5 | Threshold and amount can be adjusted in Billing Settings. |
| Credit Refunds | None | All Ai credits are final and non-refundable, even if unused. |
| Rate Changes | May vary | Prices can change at any time due to Focusad.ai or vendor updates. |
Focus Ad Ai OS Bonus If you are subscribed to Focus Ad Ai OS you automatically receive:
- 250 free Ai minutes every billing cycle
- 500 free Ai messages every billing cycle
All other phone, SMS, and email charges listed in the Focus Ad Ai OS Terms still apply and are separate from the Ai Agent rates above.
Important: Purchasing or recharging Ai credits confirms that you accept these rates, the non-refund policy, and any future price updates. Monitor your balance and auto-recharge settings in Billing Settings to avoid surprises.
6. Intellectual Property
Focus Ad Ai retains all rights, title, and interest in and to the Services, including all associated intellectual property rights. You may not use the Focus Ad Ai name, logo, or trademark without prior written consent from Focus Ad Ai.
6.1 Platform Content:
The Platform and its content are proprietary assets of Focus Ad Ai or its licensors, protected by copyright, trademark, and other intellectual property laws. You are granted a personal, non-exclusive license to access and utilize the Platform Content solely while using the Platform. Unauthorized use, including reproduction, modification, distribution, or display, is strictly prohibited without prior written consent from Focus Ad Ai.
6.2 Marks:
Focus Ad Ai Marks are registered trademarks and service marks protected by Focus Ad Ai. Any use without prior written consent, particularly in ways likely to cause confusion or misrepresentation, is strictly prohibited. Removal of any Focus Ad Ai Marks or proprietary notices is also prohibited. Mention of other products or company names on the Platform may be trademarks of their respective owners.
6.3 User Contributions:
User Contributions are considered non-confidential and non-proprietary. By providing User Contributions, you grant Focus Ad Ai and its service providers perpetual rights to use, reproduce, and disclose them. Focus Ad Ai may utilize User Contributions to enhance its Platform and services. Focus Ad Ai reserves the right to delete or remove User Contributions violating these Terms at any time.
6.4 Prohibited User Contributions:
Users are prohibited from posting unlawful, threatening, abusive, or infringing User Contributions on the Platform. Contributions must not violate intellectual property rights or breach Platform security.
6.5 Feedback:
Feedback provided to Focus Ad Ai is voluntary and non-confidential. You grant Focus Ad Ai perpetual, non-exclusive rights to use any Feedback without restrictions. By submitting Feedback, you confirm its originality and your rights to disclose it to Focus Ad Ai.
By releasing Focus Ad Ai from any claims arising from Feedback use, you agree to defend and indemnify Focus Ad Ai from associated liabilities.
6.6 Copyright; Digital Millennium Copyright Act:
In cases of copyright or intellectual property infringement, please follow the DMCA Notification procedure below:
- Provide a signature of the authorized person representing the copyright or intellectual property owner.
- Describe the copyrighted work or intellectual property that has been infringed.
- Specify the location of the infringing material on the Platform with sufficient detail for identification.
- Include your contact details: address, telephone number, and email address.
- Assert your good faith belief that the disputed use is unauthorized by the copyright or intellectual property owner, its agent, or the law.
- Declare under penalty of perjury that the information provided is accurate and that you are authorized to act on behalf of the copyright or intellectual property owner.
Counter-Notice Procedure:
- Provide your signature, either physical or electronic.
- Identify the removed or disabled content and its previous location.
- State your good-faith belief that the content removal or disabling was due to a mistake or misidentification.
- Include your name, address, telephone number, and email address, and affirm your acceptance of service of process from the notifying party.
Upon receipt of a counter-notice, Focus Ad Ai may send a copy to the original complainant and may repost the removed content within a specified period unless legal action is taken by the complainant.
Focus Ad Ai reserves the right, at its discretion, to limit Platform access or terminate the account of any user found to infringe on the intellectual property rights of others.
7. Data Privacy and Security
Focus Ad Ai collects, processes, and stores personal data in accordance with its Privacy Policy. By using the Services, you consent to the collection, processing, and storage of your personal data as described in the Privacy Policy.
8.Limitation of Liability, Indemnification, and Time to File Claims:
The Services are provided on an “as-is” and “as available” basis, without warranties of any kind, express or implied. Focus Ad Ai shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services.
Your sole remedy and our maximum liability for claims arising from these Terms and your use of the Platform or Services are limited to the total amount you paid for Services purchased on the Platform during the three (3) month period preceding the incident.
In no event shall Focus Ad Ai be liable to you or any third party for special, punitive, incidental, indirect, or consequential damages, including those resulting from malicious code, loss of data or profit, or disruptions to third party services. Focus Ad Ai shall not be liable for any disruptions to or promises made by third-party services accessed through the Platform, including transaction processing.
Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the above limitations may not apply to you. Please refer to the laws in your jurisdiction.
You agree to indemnify, defend, and hold Focus Ad Ai harmless against all claims, demands, damages, liabilities, costs, and expenses arising from your use of the Platform, including but not limited to your provision of information, breach of these Terms, negligence, misrepresentations, violations of law, and disputes with other users, clients, or customers.
If a third party claims our platform violates their intellectual property rights, we may obtain licenses, modify or replace the platform, or require cessation of its use.
Any claim related to these Terms, or the Platform must be filed within three (3) months of the incident, or it is permanently barred.
In the event of a breach where monetary compensation is insufficient, Focus Ad Ai may seek equitable relief such as an injunction.
9.Disclaimer:
Focus Ad Ai provides the Platform on an “as is” and “as available” basis without any warranty, whether express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Your use of the Platform is at your own risk, and you agree to be solely responsible for any damage to your computer system or loss of data resulting from such use. Focus Ad Ai bears no responsibility or liability for the deletion or failure to store any information or content transmitted through the Platform.
Without limiting the foregoing, Focus Ad Ai makes no warranty that:
- The Platform will meet your requirements.
- The Platform will be uninterrupted, timely, secure, or error-free.
- The results obtained from using the Platform will be effective, accurate, or reliable.
- The quality of the Platform will meet your expectations or be free from mistakes, errors, or defects.
You acknowledge the inherent insecurity of the Internet and telecommunications providers’ networks and agree that Focus Ad Ai is not liable for any changes to, interception of, or loss of your data while in transit via the Internet or a telecommunications provider’s network.
Focus Ad Ai makes no warranty regarding any transactions executed through a third party or third-party services, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranties provided by third parties are solely their responsibility.
Focus Ad Ai reserves the right to modify or discontinue the Platform, including any services or features therein, at any time with or without notice. Focus Ad Ai shall not be liable to you or any third party for exercising such right. Modifications may include changes in the pricing structure and the addition of free or fee-based services. Any new features added to the Platform will also be subject to these Terms of Service.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you. Please consult the laws in your jurisdiction.
Any direct damages owed by Focus Ad Ai are capped at the amounts you paid us in the three-month period preceding the incident. Focus Ad Ai is not responsible for any indirect damages resulting from an incident.
10. Affiliate Program
Focus Ad Ai operates an Affiliate Program wherein customers may earn commissions by referring new accounts to Focus Ad Ai. Participation in the Affiliate Program requires approval from Focus Ad Ai and your acceptance of the Affiliate Agreement, accessible here. By participating, you agree to the terms outlined in the Affiliate Agreement, which is hereby incorporated by reference into these Terms.
To receive commission payouts, you must establish a payment account linked to your Focus Ad Ai account. Commissions may be forfeited if Focus Ad Ai cannot process payments to your designated payment account for any reason.
11. Term and Termination
These Terms shall remain enforceable for the duration of your Platform Account. Sections designated to endure after Account termination will remain binding even post cessation of your Platform usage.
a. Basis for Termination: You acknowledge that Focus Ad Ai reserves the right, at its sole discretion, to suspend or terminate your Platform access, wholly or partially, with or without notice. Focus Ad Ai bears no liability for any resulting claims, damages, costs, or losses. Suspected fraudulent, abusive, or unlawful conduct may warrant access denial and potential legal action.
b. Service Termination: Upon termination, irrespective of cause, your Platform privileges cease immediately. Focus Ad Ai bears no responsibility for any claims arising from termination or suspension of your access.
c. Termination Procedures: Should you wish to terminate access or make adjustments; you are required to send a written notice to Focus Ad Ai at least 30 days prior to your next billing date.
d. Third-Party Termination: Users granted Platform access by entities other than Focus Ad Ai must contact their respective source for termination-related inquiries.
e. Force Majeure: We shall not be liable for non-delivery or delays arising from events beyond our control, including but not limited to labor disputes, war, fire, adverse weather, government actions, and other unforeseeable circumstances.
In the event of unresolved disputes, arbitration will be pursued for resolution. Legal counsel should be consulted to comprehend this provision thoroughly.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of Florida-USA, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Florida.
13. Modifications to Terms
Focus Ad Ai reserves the right to modify or update these Terms at any time, without prior notice. By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised Terms.
14. Injunctive Relief
You agree that a breach of these Terms may cause irreparable harm to Focus Ad Ai, and we may seek equitable relief without having to post a bond or security.
15. Waiver and Severability
No waiver by Focus Ad Ai of any term or provision shall be deemed a continuing waiver, and any failure to assert a right or provision under these Terms shall constitute a waiver. If any provision is found invalid, the remaining provisions shall remain in full force and effect.
16. Change of Control
Focus Ad Ai may assign its rights under these Terms without notice, while you may not assign your rights without our prior written consent.
17. SMS Messaging Program Terms
The following terms apply to our SMS Messaging Program:
Program Name:
Users can expect SMS updates based on their selected plan. We offer the following plans:
- Gold: Recommended for startup businesses. Professional business suite: elevate every aspect of your operations!
- Diamond: Recommended for small & medium-sized businesses. Experience our all-in-one software and say goodbye to costly marketing agencies! With just a click, access the same resources top marketing companies use.
- Enterprise: Recommended for businesses that want to scale. Focus Ad Ai Enterprise provides top Ai tools and dedicated human support. Our experts manage the tech and provide a VA to boost your productivity.
Opting Out
You can cancel the SMS service at any time. Simply text “STOP” to +1(800)-876-8984. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
Support
If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to [email protected] or +1(800)-876-8984.
Carrier Liability
Carriers are not liable for delayed or undelivered messages.
Message Rates
Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text or data plan, contact your wireless provider.
Privacy Policy
For privacy-related inquiries, please refer to our Privacy Policy.
18. Contact Information
If you have any comment or inquiry or a request, please use the following contact information to reach us:
Focus Ad Ai
9633 s 48st suit 175, Phoenix AZ 85044
Email Address: [email protected]
Telephone number: (520) 353-1249
Updated as of February 2025