Terms of service

GENERAL OVERVIEW
We welcome you to FocusWave. The terms “we” and “our” refer to Bola del Mundo Tech S.L., which manages the FocusWave brand, and therefore this store and website, including all information, content, features, tools, products, and services provided to give you, the customer, a curated shopping experience (the “Services”). FocusWave uses Shopify technology which allows us to provide the Services.

In the following Terms and Conditions, and in all policies referenced therein (the “Terms of Service” or “Terms”), your rights and responsibilities when using the Services are described.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as disclaimers and limitations of liability.

By viewing our Services, interacting with them, or using them, you agree to comply with these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or the Privacy Policy, you must not use our Services.

Important disclaimer: This is a courtesy translated version of the original terms of services. For consultation and legal validity, the Spanish version will prevail. It can be looked here.

 

SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Service, you declare that you are at least the age of majority provided by the state or province where you reside and that you have given us your consent to allow any minors under your care to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing our online stores, browsing them, or purchasing any product or service we offer, you may be asked to provide certain data, such as your email address, billing address, payment method, and shipping address. You declare and warrant that all information you provide in our stores is correct, current, and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and all activity within your account. You may not transfer, sell, or assign your account to another person, nor grant licenses linked to such account.

SECTION 2: OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, you should note that the colors or appearance of the product may differ from how they appear on your screen due to the type of device you use to access the store and its settings.

We do not guarantee that the appearance or quality of products or services you acquire will meet your expectations or be identical to those displayed in our online stores.

All product descriptions are subject to change at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of products offered to any person, geographic region, or jurisdiction as applicable.

SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. FocusWave reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until FocusWave confirms acceptance. We must receive and process your payment for the order to be accepted. Please review your order carefully before shipping, as FocusWave may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided at the time of order, always in accordance with applicable legislation.

Your purchases are subject to returns or exchanges only in accordance with our Refund Policy. You declare and warrant that your purchases are solely for personal or household use and not for resale or export for commercial purposes, except in business cases, where a prior agreement will exist.

SECTION 4: PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be established in the order confirmation email you receive. Unless explicitly stated otherwise, published prices do not include taxes, shipping, order handling, customs procedures, or import fees.

Prices published in our online stores may differ from those offered in physical stores, online stores, or other stores managed by third parties. From time to time, we may offer promotions for the Services that may affect prices and are governed by terms and conditions different from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

For all purchases made in our stores, you agree to provide current, complete, and accurate information regarding purchases, payments, and accounts. You agree to promptly update account information and other details, such as your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.

You declare and warrant that (i) the credit card information you provided is true, correct, and complete; (ii) you have the proper authorization to use such credit card for the purchase; (iii) your credit card company will cover the charges incurred; and (iv) you will pay the charges incurred at the published prices, including shipping, order handling, and applicable taxes if any.

Prices include VAT. Other taxes, such as duties or shipping fees, will be calculated at the checkout page.

SECTION 5: SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are only estimates and are not guaranteed. We are not responsible for delays caused by shipping companies, customs processing, or events outside our control. Once we deliver products to the shipping company, ownership and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of FocusWave, its affiliates, or licensors and are protected by European Union, United States, and foreign copyright and other intellectual property laws.

These Terms allow you to use the Services solely for personal and non-commercial purposes. You must not reproduce, distribute, modify, copy into derivative works, publicly display, include in public demonstrations, republish, download, store, or transmit material included in the Services without our prior written consent. Unless explicitly stated herein, no section of these Terms grants or should be interpreted as granting a license or any other right to you regarding patents, trademarks, copyrights, or any other form of intellectual property of FocusWave, Shopify, or third parties. Unauthorized use of the Services may constitute a violation of state and federal intellectual property laws. FocusWave reserves all rights not expressly granted herein.

The names, logos, product and service names, designs, and slogans of FocusWave are trademarks owned by FocusWave, its affiliates, or licensors. You must not use such trademarks without prior written consent from FocusWave. The name, logo, product and service names, designs, and slogans of Shopify are registered trademarks of Shopify. All other names, logos, product and service names, designs, and slogans of the Services are trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS
It is possible that, as part of the Services, you may be given access to customer tools offered by third parties over which we do not apply supervision, control, or collaboration.

You acknowledge and agree that we provide access to such tools “as-is” and “as available,” without warranties, representations, or conditions of any kind, and without endorsement. We will not assume any responsibility arising from your use of third-party optional tools.

At your sole discretion, you assume the risk for the use of third-party optional tools offered through the site and must ensure that you understand and approve the terms under which third-party providers offer the tools.

It is possible that, in the future, we may also offer new features through the Services (including new tools and resources). These new features shall also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for the review or evaluation, nor for the accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party websites, you do so at your own account and risk.

We are not responsible for any loss or damage related to your access to third-party websites or the purchase or use of products, services, or resources from third-party websites. Review third-party policies and practices carefully and ensure you understand them before completing any transaction. Complaints, claims, concerns, or questions regarding third-party products and services must be directed to those third parties.

SECTION 9: RELATIONSHIP WITH SHOPIFY
FocusWave uses Shopify technology, which allows us to provide the Services. However, any sale and purchase you make in our store is conducted directly with FocusWave. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales that take place between you and FocusWave, including injuries, damages, or losses caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage, or liability arising from or relating to your purchases and transactions with FocusWave.

SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be reviewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be reviewed here. By using the Services, you acknowledge that you have read these privacy policies.

Since the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to the Services and your use thereof in order to provide and improve the Services for you. For the purpose of providing services, information you submit to the Services will be transmitted to Shopify and to third parties that may be located in countries in which you do not reside and will be shared with them. For more information on how we, Shopify, and our partners use your personal information, please review our Privacy Policy.

SECTION 11: FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial purposes. For example, we may use our rights under this license to manage, provide, evaluate, optimize, improve, and promote the Services and to fulfill our obligations and enforce our rights under the Terms of Service.

You also declare and warrant that: (i) you have all necessary rights to all Feedback; (ii) you disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation to (1) keep your Feedback confidential; (2) provide compensation for your Feedback; or (3) respond to your Feedback.

We may, at our sole discretion, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be illegal, offensive, threatening, defamatory, slanderous, pornographic, obscene, or otherwise objectionable, or that constitutes an infringement of any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or property rights. You also agree that your Feedback will not contain libelous or illegal, abusive, or obscene remarks, nor viruses or other malware that could affect the functionality of the Services or any related website. You may not use a false email address, impersonate any person, or mislead, either us or third parties, as to the origin of the Feedback. You are solely responsible for any Feedback you submit and for its accuracy. We are not responsible for Feedback posted by you or by third parties.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information about the Services or within them that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and change or update information or cancel orders due to any inaccuracies in the information at any time, without prior notice (even after you have placed your order).

SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for illegal or malicious purposes; (b) to violate local, international, federal, provincial, or state regulations or laws; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, discredit, or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or attempt to send “spam,” “chain letters,” “junk mail,” or any similar content; (h) to impersonate any other person or entity, or attempt to do so; (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as we determine, could harm FocusWave, Shopify, or users of the Services, or expose them to liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is used or may be used in any way that affects the functionality or provision of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) send unsolicited email, engage in phishing, commit pharmaceutical fraud, engage in fraudulent staging, spidering crimes, or web scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, deactivate, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without notice, and your responsibility for all amounts owed up to the date of termination may remain in effect.

The following sections will remain in effect after termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature survives termination.

SECTION 15: WARRANTY DISCLAIMER
The information presented on or through the Services is provided solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability arising from your reliance on such materials, whether by you or any visitor to the Services, or by anyone aware of its content.

UNLESS EXPRESSLY STATED BY FocusWave, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT. We do not guarantee or declare that you will be able to use the Services uninterrupted, timely, securely, or error-free. In some jurisdictions, disclaimers of implied or other warranties are limited or not permitted, so this disclaimer may not apply to you.

SECTION 16: LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL FocusWave, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS NOR THOSE OF SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DAMAGES, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF THE SERVICES, OR FROM ANY OTHER CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR DAMAGE OF ANY KIND AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FocusWave, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including the cost of reasonable attorney fees, payable to any third party as a result of (1) your violation of these Terms of Service or the documents incorporated herein by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that failure to provide timely notice will not exempt you from your obligations unless we have suffered significant harm. We may control the defense and settlement of such claims at your expense, including the choice of counsel, but we will not settle claims that impose non-monetary obligations on you without your consent (without undue delay). You will cooperate in the defense of indemnifiable claims, for example by providing relevant documents.

SECTION 18: SEVERABILITY
If any provision of these Terms of Service is determined to be illegal, invalid, or unenforceable, such provision shall be enforceable to the extent permitted by law, and the unenforceable section shall be deemed severable from these Terms of Service; such determination shall not affect the validity or enforceability of any other provision.

SECTION 19: WAIVER; ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and the operational policies or rules we publish on this site or with respect to the Service constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede any prior or contemporaneous agreements, communications, and proposals, oral or written, between you and us (including, without limitation, any previous versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the interests of the party that drafted the document.

SECTION 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms along with our rights and obligations without your consent or notice.

SECTION 21: GOVERNING LAW
These Terms of Service and the separate agreements through which we provide the Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction to which FocusWave belongs. You and FocusWave submit to the venue and jurisdiction of such courts.

SECTION 22: HEADINGS
The headings used in this agreement are included solely for convenience and shall not limit or otherwise affect these Terms.

SECTION 23: CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and modifications on our website. You are responsible for visiting our website periodically to review changes. We will notify you of any material modifications to these Terms under applicable law, and such modifications will take effect on the date specified in the notice. Your continued use of or access to the Services after posting of any changes constitutes your acceptance of such changes.

SECTION 24: DISCLAIMER
The company is not responsible for failures or malfunction of the purchased Xiaomi device. The inclusion of FocusLauncher does not affect the manufacturer’s standard warranty, but any damage related to misuse of the device, incorrect software installation, or unauthorized modifications could void said warranty. It is recommended to follow the manufacturer’s instructions and update the system only from official sources.

The company is not responsible under any circumstances for any data loss, hardware problems, software issues, physical damage, or any other inconvenience resulting from device malfunction, with the manufacturer’s warranties and responsibilities prevailing within legal limits and current regulations.

SECTION 25: LIMITATION OF LIABILITY
The management, operation, and ownership of the FocusWave platform (focuswave.org) correspond exclusively to the company Bola del Mundo Tech S.L., with provisional CIF [-] and registered office at Calle Los Portillos 7, Trescasas, Segovia, registered in the Commercial Registry of Madrid.

Under no circumstances shall personal, joint, or subsidiary liability be attributed to the partners, administrators, employees, or any natural person associated with Bola del Mundo Tech S.L. for activities, content, products, or services offered through the platform. All liability arising from the use, operation, contracting, or commercial relationship with FocusWave shall be strictly limited to the legal entity that owns the website.

The user acknowledges and agrees that the use of the FocusWave platform is under their sole responsibility and that the company will take all reasonable measures to ensure the proper functioning of the service, without guaranteeing permanent availability, error-free operation, or invulnerability of operational security.

SECTION 26: REFERRAL PROGRAM

A. Purpose of the Policy
FocusWave (hereinafter, “the Company”) provides its users with a referral program aimed at incentivizing the recommendation of our products and services. Through this program, users can receive monetary compensation for each successful sale made using their referral code.

B. Terms of the Referral Program

  • Referral Reward: A user who refers a new customer using their referral code will receive a reward of €10 for each validated sale made thanks to the referral. A sale will be considered “effective” when payment has been completed and confirmed by the Company.

  • Sale Validation: Sales generated must be validated by the Company’s system and will only be considered effective if the transaction is completed without issues and payment is successfully processed.

C. Requirements to Participate in the Program

  • Registration: To participate in the referral program, the user must be registered as a customer on the FocusWave referral platform (https://focuswave.goaffpro.com/) and have access to the referral code generation system.

  • Use of Referral Code: The referred person must use the code provided by the participant so that the sale is correctly associated with their account.

D. Prohibitions and Limitations

  • Fraud: Any attempt at fraud, manipulation of sales, or illegal activity related to the referral program will result in immediate suspension of participation, in addition to revocation of any benefit or reward obtained illicitly. FocusWave reserves the right to refuse membership to the program if actions are deemed contrary to this article or other Terms of Service.

  • Distribution of Codes: Participants may not sell, transfer, or share their referral code contrary to the guidelines established by the Company. Any inappropriate use of the code may result in account cancellation.

  • Commercial Activity: The referral program is personal and is not intended to be used as a commercial activity or for resale of the Company’s products.

E. Program Modifications
The Company reserves the right to modify, suspend, or terminate the referral program at any time, without prior notice, in order to improve its functioning or for business reasons. Changes take effect when published on FocusWave websites.

F. Company Liability and Release

  • Limited Liability: Under no circumstances shall FocusWave be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from participation in the referral program or use of referral codes, except where direct legal liability exists under applicable law.

  • Judicial Release: Participants release FocusWave from any legal, administrative, civil, or criminal liability that may arise from their participation in the referral program, including improper product promotion, fraudulent use of codes, or creation of fake sales

SECTION 27: AFTER-SALES SERVICE

With the purchase of a phone, the customer receives access to an exclusive after-sales service, which includes:

  • Up to one free app modification requests during the 2 years following the purchase, upon request via focuswavephone@gmail.com. From the fourth request onward, a fee of €20 plus VAT will apply for each additional customization.

This service forms part of the added value of the customized product.

SECTION 28: CONTACT INFORMATION
You must send any questions regarding the Terms of Service to info@focuswave.org

Our contact information is published below:

  • Company name: Bola del Mundo Tech S.L (FocusWave brand)

  • Email: info@focuswave.org

  • Address: Calle Los Portillos 40194, Trescasas, Spain

  • Phone: +34 624 24 55 23