Introduction
Welcome to Bifocal, a Dialectical Behavior Therapy (DBT) skills companion app. These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the Bifocal mobile application (the "Service", "App", or "Application") operated by Henry Lightfoot ("us", "we", or "our").
Please read these Terms and Conditions carefully before using our Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
IMPORTANT MEDICAL DISCLAIMER: Bifocal is an educational tool designed to supplement mental health therapy and is NOT a replacement for professional medical advice, diagnosis, or treatment. Bifocal does not provide medical advice, therapy, counseling, or crisis intervention services. If you are experiencing a mental health crisis, please contact emergency services immediately (call 911 in the US & Canada, 999 in the UK, or your local emergency number) or reach out to a crisis helpline such as the National Suicide Prevention Lifeline (988 in the US), the Suicide Crisis Helpine (988 in Canada) or Samaritans (116 123 in the UK).
1. Acceptance of Terms
By downloading, installing, accessing, or using Bifocal, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy. These Terms apply to all users of the App.
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after changes are posted constitutes your acceptance of the new Terms.
2. Eligibility and Age Requirements
You must be at least 13 years of age to use Bifocal. If you are under 18 years of age, you must have permission from a parent or legal guardian to use the App. By using Bifocal, you represent and warrant that:
- You are at least 13 years old
- You have the legal capacity to enter into these Terms
- If you are under 18, you have obtained parental or guardian consent
- You will comply with all applicable laws and regulations when using the App
We reserve the right to terminate your access if we believe you do not meet these eligibility requirements.
3. Medical Disclaimer and Limitations
3.1 Not a Substitute for Professional Care
Bifocal is an educational and self-help tool only. It is designed to help users learn about and practice DBT skills but is NOT:
- A replacement for professional therapy, counseling, or psychiatric care
- A diagnostic tool or medical device
- A crisis intervention or emergency service
- A treatment for any mental health condition
- A substitute for medication or other medical treatments
- A monitoring service for mental health crises or suicidal ideation
- A recovery programme, addiction treatment, or cessation therapy for any harmful behavior
- A secure repository for personal health data — exported files are unencrypted and your responsibility
DBT Diary Card Feature: The DBT Diary Card feature allows you to track sensitive mental health information including moods, emotions, and urges (including suicide urges and self-harm urges). This feature is for personal tracking purposes only and is not monitored by mental health professionals, crisis services, or any other party. Entering data about suicide urges or self-harm into the app does NOT constitute seeking help or treatment. If you are experiencing these urges, you must actively seek professional help.
3.2 Professional Medical Advice Required
Always seek the advice of a qualified healthcare provider with any questions you may have regarding a mental health condition or treatment. Never disregard professional medical advice or delay seeking it because of something you have read or experienced in Bifocal.
3.3 Emergency Situations and Crisis Resources
If you are experiencing a mental health crisis, thoughts of self-harm, suicidal ideation, or any medical emergency:
- Call emergency services immediately: 911 (US & Canada), 999 (UK), 112 (EU), or your local emergency number
- Contact a crisis helpline:
- National Suicide Prevention Lifeline: 988 (US)
- Suicide Crisis Helpline: 988 (Canada)
- Crisis Text Line: Text HOME to 741741 (US, Canada, UK)
- Samaritans: 116 123 (UK & Ireland)
- Lifeline: 13 11 14 (Australia)
- International Association for Suicide Prevention: https://www.iasp.info/resources/Crisis_Centres/
- Go to your nearest emergency room or call your therapist/psychiatrist immediately
CRITICAL WARNING: Bifocal is NOT monitored by mental health professionals, crisis responders, or any emergency services. The app does NOT detect crisis situations. When you enter information about suicide urges, self-harm urges, or other crisis-related data into the DBT Diary Card or any other feature:
- No one is notified or alerted
- No emergency response is triggered
- No healthcare professional reviews your entries
- You will NOT receive any outreach or intervention
The app provides crisis resource buttons and information as a convenience, but YOU must take action to contact these resources yourself. Any information you enter into the app will not be reviewed by healthcare providers unless you choose to manually share it with them (for example, by exporting a PDF report or showing them your phone).
3.4 SOS/Crisis Support Feature Disclaimers
The SOS (Crisis Support) feature is NOT an emergency service, crisis hotline, or intervention tool. It provides:
- Educational information about DBT distress tolerance skills (breathing exercises, grounding techniques, TIPP, IMPROVE, self-soothing)
- Links to external crisis helplines and emergency services
- Location-based crisis contact information (where available)
YOU ACKNOWLEDGE AND AGREE THAT:
- The SOS feature does NOT connect you to emergency services automatically. You must manually dial or contact crisis resources yourself.
- The exercises provided (breathing, grounding, etc.) are educational tools and may not be effective in all situations or for all individuals.
- We are not responsible if crisis contact information is outdated, incorrect, or unavailable in your region.
- Location services may not accurately determine your location, and we are not responsible for incorrect or missing local crisis resources.
- The SOS feature is NOT a substitute for calling 911, 988, 999, or your local emergency number in a life-threatening situation.
- We have no duty to monitor, maintain, or verify the accuracy of third-party crisis helpline information.
- Delays, errors, or failures in accessing crisis resources through the app could result in serious harm or death, and we are not liable for such outcomes.
CRITICAL: If you are in immediate danger or experiencing a medical emergency, do NOT rely on the app. Call emergency services directly using your phone's dialer.
3.5 Analytics Feature Disclaimers
The Analytics Dashboard provides visualizations and insights based on your tracked data, including skill usage, emotional patterns, urges, and engagement metrics. YOU ACKNOWLEDGE AND AGREE THAT:
- Analytics are generated algorithmically and are NOT reviewed or validated by mental health professionals.
- Insights, patterns, and correlations shown in analytics are for informational purposes only and do NOT constitute medical advice or clinical assessment.
- We make no guarantees about the accuracy, completeness, or clinical relevance of analytics data.
- Analytics may identify concerning patterns (e.g., increasing urges, declining mood) but the app does NOT provide interventions, alerts, or recommendations beyond what you see on screen.
- You are solely responsible for interpreting analytics data and deciding whether to seek professional help based on patterns you observe.
- We are not liable for any harm resulting from reliance on analytics data, failure to seek help despite concerning trends, or misinterpretation of data.
- Analytics features may contain bugs, errors, or produce misleading visualizations, and we disclaim all liability for consequences arising from such issues.
3.6 No Warranty of Effectiveness
While DBT is an evidence-based therapy, we make no guarantees that using Bifocal will improve your mental health, reduce symptoms, or achieve any specific therapeutic outcome. Results vary by individual.
3.7 Momentum Feature Disclaimers
The Momentum feature allows you to track behaviors you wish to reduce or eliminate, including potentially sensitive behaviors such as self-harm, substance use, or other harmful conduct. YOU ACKNOWLEDGE AND AGREE THAT:
- Momentum is a personal tracking and motivational tool only. It is NOT a recovery programme, addiction treatment, clinical intervention, or substitute for professional therapeutic support.
- No one monitors your Momentum data. If you log increasing occurrences of a harmful behavior, no alert is sent, no one is notified, and no intervention is triggered.
- Logging an occurrence ("slip") in Momentum does NOT constitute seeking help or treatment for the tracked behavior. If you are engaging in harmful behaviors, you must actively seek professional support.
- Motivational messages, milestone celebrations, and streak-based feedback within Momentum are algorithmically generated and are not written or validated by mental health professionals. They do not constitute clinical advice, encouragement to discontinue professional treatment, or therapeutic guidance.
- The streak-and-milestone model may cause negative emotional responses (shame, guilt, distress) when streaks are broken. We are not liable for any psychological harm arising from your use of or engagement with the Momentum feature.
- Momentum should be used as a complement to, not a replacement for, professional therapy, medical treatment, or structured support programmes for harmful behaviors.
- We are not liable for any harm — including relapse, self-harm, or other adverse outcomes — arising from your use of or failure to use the Momentum feature, or from your interpretation of streak data, milestone progress, or motivational content.
- The feature does not provide early warning systems, risk assessments, or clinical oversight of any kind.
3.8 Data Export Feature Disclaimers
The Export Your Data feature generates an unencrypted PDF document containing the personal health data categories you select. YOU ACKNOWLEDGE AND AGREE THAT:
- Exported PDFs are not encrypted, not password-protected, and not secured in any way. They are standard PDF files readable by any compatible device or application.
- Exported files may contain highly sensitive personal health information, including mental health history, urge ratings, substance use data, self-harm behavior logs, therapy-related notes, and other sensitive therapeutic content.
- Once you save, share, email, AirDrop, or otherwise distribute an exported file, we have no ability to control, recall, delete, or protect that file. You bear sole responsibility for its security and confidentiality from that point forward.
- We are not responsible for any harm — including but not limited to privacy breaches, unauthorised disclosure, discrimination, distress, or financial or reputational damage — arising from the loss, theft, interception, or unauthorised access of any file you export.
- You should treat exported files with the same care as any sensitive medical record. We strongly recommend using encrypted storage, secure transmission channels, and password-protected sharing where available.
- If you share an export with a healthcare provider, employer, insurer, family member, or any other third party, that disclosure is made at your sole discretion. We are not a party to any such disclosure and bear no responsibility for its consequences.
- We make no guarantees regarding the completeness, accuracy, or fitness for any purpose of exported data, including for clinical or therapeutic review.
- Technical failures, incomplete data, or export errors are possible, and we are not liable for any consequences arising from inaccurate or incomplete exports.
4. License to Use the App
4.1 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Download and install Bifocal on devices that you own or control
- Use the App for your personal, non-commercial purposes
4.2 Restrictions
You agree NOT to:
- Copy, modify, distribute, sell, or lease any part of the App
- Reverse engineer, decompile, or attempt to extract the source code of the App
- Remove, alter, or obscure any copyright, trademark, or proprietary notices
- Use the App for any illegal, harmful, or unauthorized purpose
- Use the App in any way that could damage, disable, overburden, or impair our services
- Attempt to gain unauthorized access to any part of the App or its related systems
- Use the App to harass, abuse, or harm others
- Share your subscription access with others (account sharing is prohibited)
4.3 Ownership
Bifocal and all related intellectual property rights (including but not limited to software, text, graphics, logos, icons, images, audio, video, and data compilations) are owned by Henry Lightfoot. These Terms do not grant you any ownership rights to the App.
5. User Content and Data
5.1 Your Content
You retain all rights to the content you create in Bifocal, including journal entries, Life Worth Living Goals, DBT Diary Card data (moods, emotions, urge ratings including suicide and self-harm urges), mantras, cope ahead plans, skill logs, Momentum behavior records (including behavior names, occurrence logs, notes, and streak history), and other personal data ("User Content"). We do not claim ownership of your User Content.
Sensitive Health Information: Your journal entries, DBT Diary Card entries, and Momentum behavior logs may contain highly sensitive mental health information including data about self-harm, substance use, and other harmful behaviors. You acknowledge that you are voluntarily entering this information for your own personal therapeutic tracking and that this information is not monitored, reviewed, or accessible to us or any third party unless you choose to share it.
5.2 Local Storage
Your User Content is stored locally on your device using Apple's Core Data framework. We do not have access to, cannot view, and do not store your User Content on our servers.
5.3 Cloud Sync
With iCloud Sync your User Content (including journal entries, Life Worth Living Goals, diary cards, skill logs, etc.) will be stored in your private iCloud account and synced across your devices. This data is:
- Stored in your personal iCloud storage space (not our servers)
- Subject to Apple's iCloud Terms of Service and Privacy Policy
- Encrypted and accessible only to you via your Apple ID
- Your responsibility to manage and back up
5.4 Data Responsibility
You are solely responsible for:
- The accuracy and legality of your User Content
- Backing up your data (we recommend using iCloud sync or exporting PDF reports)
- Any consequences of sharing your User Content with others
We are not responsible for any loss, corruption, or deletion of your User Content. We recommend regularly backing up your data using iCloud sync or by exporting PDF reports. You are solely responsible for the security of any exported files you create and distribute.
5.5 Prohibited Content
While we do not monitor or access your User Content, you agree not to create content that:
- Is illegal, harmful, threatening, abusive, or hateful
- Violates any intellectual property rights
- Contains viruses or malicious code
- Impersonates others or misrepresents your identity
5.6 Assumption of Risk for Sensitive Health Tracking
By using the DBT Diary Card feature and tracking sensitive information such as suicide urges, self-harm urges, or other crisis-related data, you acknowledge and accept the following risks:
- No Monitoring or Intervention: You understand that tracking this information in the app does not constitute seeking help or treatment, and no one will respond to or intervene based on what you enter
- Personal Responsibility: You are solely responsible for seeking appropriate professional help when needed, regardless of what you track in the app
- Voluntary Disclosure: You are voluntarily choosing to track this sensitive information and understand that the app is merely a passive recording tool
- Data Loss Risk: While we implement security measures, you acknowledge that data loss, corruption, or unauthorized access is possible, and you accept this risk when storing sensitive health information
- Not a Safety Plan: The app's features (including cope ahead plans and crisis resources) are educational tools and do not replace a formal safety plan developed with a mental health professional
You expressly assume all risks associated with tracking sensitive mental health information in a mobile application and agree that we bear no responsibility for how you use or fail to use the information you track.
5.7 Assumption of Risk for Momentum Feature
By using the Momentum feature to track behaviors including self-harm, substance use, or other harmful behaviors, you acknowledge and accept the following risks:
- No Clinical Oversight: Momentum provides no clinical monitoring, professional oversight, or risk assessment. Streak resets, occurrence logs, and milestone data are not reviewed by anyone.
- Psychological Risk: Streak-based tracking may produce negative emotional responses including shame, guilt, or distress. You accept this risk and acknowledge the app is not responsible for any resulting psychological harm.
- Not a Treatment Substitute: Using Momentum to track a harmful behavior does not replace, supplement, or satisfy any requirement for professional treatment, therapy, or medical care.
- Personal Responsibility: You are solely responsible for seeking appropriate professional help if your tracked behaviors are causing harm, regardless of what Momentum data shows.
You expressly assume all risks associated with using a non-clinical streak-tracking tool to manage sensitive or harmful behaviors.
5.8 Responsibility for Exported Data
By using the Export Your Data feature, you acknowledge and accept the following responsibilities:
- Security After Export: You are solely responsible for the security, storage, and handling of any exported PDF from the moment it is saved or shared by you. We have no ability to protect, recall, or delete exported files once distributed.
- Disclosure Consequences: You assume full responsibility for any consequences — including privacy breaches, disclosure to unintended parties, and any resulting harm — arising from your decision to export and share your data.
- Unencrypted Format: You acknowledge that exported PDFs are unencrypted and that transmitting them over insecure channels (such as standard email) carries inherent security risks that you voluntarily accept.
- Content Verification: You are responsible for reviewing the contents of any export before sharing it. We make no guarantees about the completeness or accuracy of exported data.
6. Bifocal Pro (One-Time Purchase)
6.1 Free and Premium Versions
Bifocal offers both a free version and a premium version called "Bifocal Pro" available as a one-time in-app purchase. Bifocal Pro unlocks additional features including:
- Unlimited Life Worth Living Goals (free users limited to 3 goals)
- Unlimited cope ahead plans (free users limited to 3)
- Unlimited journal entries and full journal history access
- Comprehensive and unlimited access to all 4 DBT modules
- Advanced PDF report customization and weekly diary card exports
- Full Analytics Dashboard with all insights and visualizations
- Historical diary card entry and editing (free users limited to today only)
- Priority customer support
- Future premium features as they are released
6.2 Pricing and Payment
Bifocal Pro is available as a one-time purchase. The price is displayed in the App and on the App Store and may vary by region. Payment is processed through the Apple App Store using your Apple ID payment method. By purchasing, you authorize Apple to charge your payment method for the one-time purchase price.
This is a permanent, lifetime purchase. You pay once and own Bifocal Pro forever on all devices signed in with your Apple ID. There are no recurring charges, subscription fees, or renewal payments.
6.3 Purchase Restoration
Your Bifocal Pro purchase is linked to your Apple ID and can be restored on any device signed in with the same Apple ID at no additional cost. To restore your purchase:
- Open Bifocal on your new device
- Navigate to Settings → Bifocal Pro
- Tap "Restore Purchase"
- Your Pro features will be unlocked immediately
Purchases made through the App Store are subject to Apple's Terms of Service. If you change your Apple ID, you may need to repurchase Bifocal Pro.
6.4 Grandfathering for Previous Subscribers
If you previously purchased a Bifocal Pro subscription (before we transitioned to the one-time purchase model), you will automatically receive lifetime access to all Pro features at no additional cost. Your subscription history is honored, and you are permanently grandfathered into Bifocal Pro.
6.5 Refunds
Refunds are subject to Apple's refund policy. We do not have the ability to process refunds directly. To request a refund, you must contact Apple Support or request a refund through your Apple ID purchase history within the time period specified by Apple (typically 90 days). Refund eligibility is determined by Apple, not by us.
If your purchase is refunded by Apple, your access to Bifocal Pro features will be revoked immediately.
6.6 Price Changes
We reserve the right to change the Bifocal Pro purchase price at any time for new purchasers. If you have already purchased Bifocal Pro, price changes do not affect you—you own it permanently regardless of future price adjustments.
7. Privacy and Data Collection
Your privacy is important to us. Our collection, use, and protection of your data is described in detail in our Privacy Policy. By using Bifocal, you agree to our Privacy Policy.
Key Privacy Points:
- Your personal therapeutic content (journal entries, Life Worth Living Goals, diary cards, skill logs, analytics data, etc.) is stored locally on your device and we cannot access it
- We collect anonymous analytics data (via Firebase) to improve app performance
- Payment and purchase data is managed by Apple and RevenueCat
- iCloud sync uses your private iCloud account, which we cannot access
- We do not sell your data to third parties
- Location data (if you grant permission for SOS feature) is processed locally and used only to display region-appropriate crisis resources
- Momentum behavior data (including occurrence logs and notes) is stored locally on your device and in your private iCloud account (if sync is enabled). We cannot access it.
- Data exports are generated on-device as unencrypted PDFs and are never transmitted to our servers. You are solely responsible for any files you export and share.
For complete details, please review our Privacy Policy.
7A. Location Services and Permissions
7A.1 Location Data for SOS Feature
The SOS (Crisis Support) feature may request access to your device location to provide region-appropriate crisis helpline numbers and local mental health resources. YOU ACKNOWLEDGE AND AGREE THAT:
- Location access is optional. You can decline and still use the SOS feature (you will see national/general crisis resources instead of local ones).
- We use Apple's Core Location framework to determine your approximate location (country, region, city).
- Location data is processed locally on your device and is NOT stored, transmitted to our servers, or shared with third parties.
- Location accuracy may vary based on device capabilities, network availability, and environmental factors.
- We are not responsible for incorrect crisis resource recommendations due to location inaccuracies.
- Location services may not work in all regions or may provide outdated information.
7A.2 No Liability for Location-Based Errors
We disclaim all liability for harm resulting from:
- Inaccurate location detection leading to incorrect crisis resources
- Missing or unavailable local crisis services in your area
- Outdated or incorrect crisis contact information
- Delays in accessing appropriate help due to location service failures
- Any other issues related to location-based crisis resource recommendations
You are solely responsible for verifying the accuracy and appropriateness of crisis resources before contacting them.
8. Third-Party Services
Bifocal uses the following third-party services:
8.1 Apple Services
- App Store: For app distribution and payment processing
- iCloud/CloudKit: For cloud sync
- Speech Recognition: For mantra practice feature
Use of Apple services is subject to Apple's Terms of Service and Privacy Policy.
8.2 Firebase (Google)
We use Firebase for anonymous crash reporting and analytics. Firebase's use of your data is subject to Google's Privacy Policy and Firebase's Terms of Service.
8.3 RevenueCat
We use RevenueCat to manage subscriptions and validate purchases. RevenueCat's use of data is subject to their Privacy Policy and Terms of Service.
We are not responsible for the practices of these third-party services. We encourage you to review their terms and privacy policies.
9. Disclaimers and Limitation of Liability
9.1 "As Is" and "As Available"
Bifocal is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement
- Warranties that the App will be error-free, secure, or uninterrupted
- Warranties regarding the accuracy, reliability, or completeness of any content or information
- Warranties that the App will meet your specific needs or therapeutic goals
9.2 No Professional Advice or Crisis Monitoring
We disclaim all liability for any consequences arising from your use of Bifocal as a substitute for professional medical, psychiatric, or therapeutic advice. We are not liable for any health outcomes, whether positive or negative, resulting from your use of the App.
Specific Disclaimer for DBT Diary Card Feature: We expressly disclaim all liability related to your use of the DBT Diary Card feature to track suicide urges, self-harm urges, or other crisis-related information. By tracking this sensitive information, you acknowledge that:
- The app does not provide any monitoring, detection, or intervention for mental health crises
- We have no duty to monitor, respond to, or act upon any information you enter
- We are not liable for any harm that results from your mental health condition, including if you track concerning urges or behaviors in the app but do not seek professional help
- The app is not designed to prevent suicide, self-harm, or other harmful behaviors
- We are not responsible if you rely on the app instead of seeking appropriate professional care
Specific Disclaimer for SOS/Crisis Support Feature: We expressly disclaim all liability related to your use of the SOS feature, including but not limited to:
- Ineffectiveness of distress tolerance exercises in preventing harm or managing crisis situations
- Inaccurate, outdated, or unavailable crisis contact information
- Delays in accessing help due to reliance on the app instead of direct emergency contact
- Harm resulting from incorrect location-based crisis resource recommendations
- Any consequences of following breathing exercises, grounding techniques, or other DBT skills provided in the app
- Technical failures, app crashes, or unavailability of the SOS feature when needed
Specific Disclaimer for Analytics Dashboard: We expressly disclaim all liability related to the Analytics feature, including but not limited to:
- Misinterpretation of data visualizations, patterns, or insights
- Failure to recognize concerning trends in your mental health data
- Delays in seeking professional help due to reliance on analytics instead of clinical assessment
- Inaccurate calculations, correlations, or statistical representations
- Bugs or errors in analytics algorithms that produce misleading information
- Any actions taken or not taken based on analytics insights
Specific Disclaimer for Momentum Feature: We expressly disclaim all liability related to the Momentum feature, including but not limited to:
- Harm, injury, relapse, or adverse outcomes arising from your use of or failure to engage with the Momentum feature
- Psychological harm (including shame, guilt, distress, or worsening mental health) arising from streak resets, occurrence logging, or milestone notifications
- Reliance on Momentum as a substitute for professional treatment, recovery support, or clinical oversight for any harmful behavior
- Failure to seek professional help for behaviors being tracked in Momentum
- Inaccuracy in streak calculations, milestone tracking, or motivational messages
- Any harm resulting from behaviors you track in Momentum continuing, escalating, or changing while using the feature
- Any claims by third parties (including family members, healthcare providers, or estates) arising from your use of the Momentum feature or your failure to seek professional help for tracked behaviors
Specific Disclaimer for Data Export Feature: We expressly disclaim all liability related to the Export Your Data feature, including but not limited to:
- Privacy breaches, unauthorized disclosure, or security incidents involving exported files after they leave your device
- Harm arising from the interception, theft, or unauthorized access of exported files transmitted over insecure channels
- Consequences of sharing exported data with any third party, including employers, insurers, family members, or other individuals
- Inaccurate, incomplete, or corrupted exported data
- Technical failures or errors in the PDF generation process
- Any use of exported data for purposes other than those you intended, once distributed
- Harm arising from the loss of a device containing a saved export or the compromise of any storage medium to which an export was saved
9.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HENRY LIGHTFOOT AND BIFOCAL SHALL NOT BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
- DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE APP
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, INCLUDING SENSITIVE HEALTH INFORMATION
- ANY THIRD-PARTY CONDUCT OR CONTENT, INCLUDING CRISIS HELPLINES, EMERGENCY SERVICES, OR EXTERNAL RESOURCES
- ERRORS, MISTAKES, OR INACCURACIES IN THE APP, INCLUDING ANALYTICS CALCULATIONS, CRISIS CONTACT INFORMATION, OR LOCATION-BASED RECOMMENDATIONS
- PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM RESULTING FROM YOUR USE OF THE APP
- HARM, INJURY, DEATH, OR OTHER CONSEQUENCES RESULTING FROM MENTAL HEALTH CONDITIONS, SUICIDE, SELF-HARM, OR OTHER HARMFUL BEHAVIORS, REGARDLESS OF WHETHER SUCH URGES OR BEHAVIORS WERE TRACKED IN THE APP, ANALYZED BY ANALYTICS, OR ADDRESSED USING SOS FEATURES
- FAILURE TO SEEK PROFESSIONAL HELP OR DELAYED TREATMENT DUE TO RELIANCE ON THE APP, ANALYTICS INSIGHTS, OR SOS FEATURES
- ANY CONSEQUENCES OF TRACKING SENSITIVE HEALTH INFORMATION IN THE DBT DIARY CARD, ANALYTICS DASHBOARD, OR ANY OTHER FEATURE
- TECHNICAL FAILURES, APP UNAVAILABILITY, OR MALFUNCTIONS OF THE SOS FEATURE DURING CRISIS SITUATIONS
- RELIANCE ON ANALYTICS DATA, VISUALIZATIONS, OR INSIGHTS IN MAKING HEALTHCARE DECISIONS
- INEFFECTIVENESS OF DISTRESS TOLERANCE EXERCISES OR DBT SKILLS PROVIDED IN THE SOS FEATURE
- INACCURATE OR OUTDATED CRISIS CONTACT INFORMATION PROVIDED THROUGH LOCATION SERVICES
- ANY OTHER CONSEQUENCES RELATED TO THE SOS, ANALYTICS, OR DIARY CARD FEATURES
- ANY HARM, RELAPSE, INJURY, PSYCHOLOGICAL DISTRESS, OR ADVERSE OUTCOME ARISING FROM USE OF OR FAILURE TO USE THE MOMENTUM FEATURE, INCLUDING SHAME OR DISTRESS CAUSED BY STREAK RESETS OR OCCURRENCE LOGGING
- RELIANCE ON MOMENTUM AS A SUBSTITUTE FOR PROFESSIONAL TREATMENT, RECOVERY SUPPORT, OR CLINICAL OVERSIGHT FOR ANY HARMFUL BEHAVIOR
- PRIVACY BREACHES, UNAUTHORIZED DISCLOSURE, OR SECURITY INCIDENTS INVOLVING ANY FILE EXPORTED USING THE EXPORT YOUR DATA FEATURE AFTER IT LEAVES YOUR DEVICE
- CONSEQUENCES OF SHARING EXPORTED DATA WITH ANY THIRD PARTY, REGARDLESS OF THE CHANNEL OR METHOD OF SHARING
- INACCURATE, INCOMPLETE, OR CORRUPTED EXPORTED DATA AND ANY CONSEQUENCES ARISING FROM RELIANCE ON SUCH DATA
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US (IF ANY) IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
IMPORTANT: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING THOSE RELATED TO PERSONAL INJURY OR DEATH. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9.4 No Guarantee of Results
We make no guarantee that using Bifocal will result in any improvement to your mental health, symptom reduction, skill mastery, or therapeutic progress. Mental health outcomes depend on many factors beyond the App's control.
10. Indemnification
You agree to indemnify, defend, and hold harmless Henry Lightfoot, Bifocal, and our affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use or misuse of the App, including your use of the DBT Diary Card, Analytics, and SOS features
- Your violation of these Terms
- Your violation of any law or regulation
- Your violation of any third-party rights
- Your User Content, including any sensitive mental health information you track in Diary Cards or view in Analytics
- Any harm you cause to yourself or others while using the App, including but not limited to harm related to suicide, self-harm, or other mental health crises, whether or not you used the SOS feature
- Your failure to seek appropriate professional help for mental health conditions, including delays caused by reliance on Analytics insights or SOS exercises
- Any reliance on the App, Analytics data, or SOS features instead of professional medical care or emergency services
- Your reliance on location-based crisis resources, Analytics visualizations, or distress tolerance exercises provided by the App
- Any use of crisis contact information provided through the SOS feature, including if such information is inaccurate or outdated
- Any claims by third parties (including family members, healthcare providers, or estates) related to your use of the App and any consequences thereof
- Your grant or denial of location permissions and any consequences of location-based crisis recommendations
- Your use of the Momentum feature to track harmful behaviors, including any failure to seek professional help for those behaviors and any resulting harm
- Any psychological harm or adverse outcome arising from your engagement with streak tracking, occurrence logging, or motivational content in the Momentum feature
- Any privacy breach, security incident, unauthorized disclosure, or other harm arising from any file you export using the Export Your Data feature, including harm to third parties whose data may appear in an export you share
- Any consequences arising from your decision to share an exported file with any individual, organization, or service, and any downstream use of that file by any recipient
This indemnification obligation will survive termination of these Terms and your use of the App.
11. Termination
11.1 Termination by You
You may stop using Bifocal at any time by:
- Uninstalling the App from your device(s)
- Canceling your Bifocal Pro subscription (if applicable)
- Deleting your data within the App
11.2 Termination by Us
We reserve the right to suspend or terminate your access to Bifocal at any time, with or without notice, for any reason, including but not limited to:
- Violation of these Terms
- Fraudulent, abusive, or illegal activity
- Non-payment or chargebacks
- Technical or security reasons
11.3 Effect of Termination
Upon termination:
- Your license to use Bifocal immediately terminates
- You must cease all use of the App and delete it from all devices
- Your subscription (if any) will be canceled (subject to Apple's refund policy)
- Your local data will remain on your device until you manually delete it
- Your iCloud data will remain in your iCloud account until you delete it
12. Intellectual Property
12.1 Our Intellectual Property
Bifocal, including its design, features, functionality, code, graphics, logos, and content (excluding User Content), is the exclusive property of Henry Lightfoot and is protected by copyright, trademark, and other intellectual property laws.
The Bifocal name, logo, and all related marks are trademarks of Henry Lightfoot. You may not use these marks without our prior written permission.
12.2 DBT Content
The DBT skills, concepts, and educational content in Bifocal are based on Dialectical Behavior Therapy as developed by Dr. Marsha M. Linehan. We do not claim to own DBT itself, which is a therapeutic modality. Our presentation, organization, and implementation of DBT concepts in the App is our intellectual property.
12.3 Feedback
If you provide us with feedback, suggestions, or ideas about Bifocal, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback into the App without compensation or attribution to you.
13. Dispute Resolution and Governing Law
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. If you are accessing Bifocal from outside the UK, you agree that any dispute shall be governed by UK law.
13.2 Arbitration Agreement (US Users)
For users in the United States, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of Bifocal shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You waive your right to participate in a class action lawsuit or class-wide arbitration.
13.3 Jurisdiction
For users outside the United States, you agree to submit to the exclusive jurisdiction of the courts located in the United Kingdom for resolution of any disputes.
14. Miscellaneous
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Henry Lightfoot regarding Bifocal and supersede any prior agreements.
14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.3 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
14.4 Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms without restriction.
14.5 Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, internet outages, or government restrictions.
14.6 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights.
14.7 Apple-Specific Terms
Since Bifocal is distributed through the Apple App Store:
- These Terms are between you and Henry Lightfoot, not Apple
- Apple has no obligation to provide any maintenance or support services
- Apple is not responsible for any claims relating to the App
- You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you
15. Contact Information
If you have any questions, concerns, or feedback about these Terms and Conditions, please contact us:
Email: [email protected]
Developer: Henry Lightfoot
App: Bifocal: Your DBT Companion
We will respond to your inquiry within 30 days.
16. Acknowledgment and Consent
BY USING BIFOCAL, YOU ACKNOWLEDGE THAT:
- You have read, understood, and agree to be bound by these Terms and Conditions
- You have read and agree to our Privacy Policy
- You understand that Bifocal is not a substitute for professional medical care
- You understand that we are not liable for any health outcomes resulting from your use of the App
- You are using Bifocal at your own risk
- You will seek professional help if you are experiencing a mental health crisis
SPECIFIC ACKNOWLEDGMENTS FOR DBT DIARY CARD FEATURE:
BY USING THE DBT DIARY CARD FEATURE TO TRACK SUICIDE URGES, SELF-HARM URGES, OR OTHER SENSITIVE MENTAL HEALTH INFORMATION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT:
- The app does NOT monitor, detect, or respond to crisis situations
- Entering information about suicide urges or self-harm does NOT constitute seeking help or treatment
- NO ONE will be notified, alerted, or respond to any information you enter
- You are solely responsible for seeking appropriate professional help when experiencing these urges
- The app is a passive tracking tool only and provides no intervention, monitoring, or crisis services
- You have access to crisis resources (provided in the app) and understand that YOU must actively contact these resources if you need help
- We have no duty to monitor your entries or provide any response to concerning information you track
- You voluntarily assume all risks associated with tracking sensitive mental health information without professional monitoring
- You will not rely solely on the app for managing mental health crises or serious mental health conditions
SPECIFIC ACKNOWLEDGMENTS FOR SOS/CRISIS SUPPORT FEATURE:
BY USING THE SOS (CRISIS SUPPORT) FEATURE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT:
- The SOS feature is NOT an emergency service, crisis hotline, or live intervention tool
- You must MANUALLY dial or contact crisis resources yourself—the app does not connect you automatically
- Crisis contact information may be inaccurate, outdated, or unavailable in your region
- Location-based recommendations may be incorrect due to GPS inaccuracies or outdated data
- Distress tolerance exercises (breathing, grounding, TIPP, etc.) are educational tools and may not be effective for you
- In a life-threatening emergency, you should call 911/999/000 directly, not rely on the app
- We have no duty to maintain, update, or verify the accuracy of crisis helpline information
- Technical failures or app unavailability during a crisis are possible, and we are not liable for such failures
- You assume all risks associated with using the SOS feature instead of direct emergency contact
- The SOS feature does not replace professional crisis intervention, therapy, or emergency medical care
SPECIFIC ACKNOWLEDGMENTS FOR ANALYTICS DASHBOARD:
BY USING THE ANALYTICS DASHBOARD, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT:
- Analytics are generated by algorithms, not reviewed by mental health professionals
- Visualizations, patterns, and insights are for informational purposes only and do NOT constitute clinical assessment or medical advice
- Analytics may contain errors, bugs, or produce misleading information
- You are solely responsible for interpreting analytics data and deciding whether to seek professional help
- Analytics may show concerning trends (e.g., worsening urges, declining mood) but the app provides NO interventions or alerts beyond the display
- We have no duty to monitor analytics data or alert you to concerning patterns
- You will not rely on analytics as a substitute for professional mental health assessment
- Correlations shown in analytics do not imply causation and should not be used to make medical decisions
- You assume all risks associated with interpreting and acting on analytics data
SPECIFIC ACKNOWLEDGMENTS FOR MOMENTUM FEATURE:
BY USING THE MOMENTUM FEATURE TO TRACK BEHAVIORS INCLUDING SELF-HARM, SUBSTANCE USE, OR OTHER HARMFUL BEHAVIORS, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT:
- Momentum is a personal tracking and motivational tool only. It is NOT a recovery programme, addiction treatment, or clinical intervention of any kind.
- No one monitors your Momentum data. Logging an occurrence of a harmful behavior does NOT constitute seeking help or treatment, and no alert, notification, or intervention will be triggered.
- You are solely responsible for seeking appropriate professional help for any behaviors you track, regardless of what Momentum data shows.
- Motivational messages and streak feedback are algorithmically generated and do NOT constitute clinical advice from a mental health professional.
- Streak resets and occurrence logging may cause negative emotional responses, and you accept this risk voluntarily.
- You will not rely on Momentum as a substitute for professional therapy, medical treatment, or structured support for any harmful behavior.
- We have no duty to monitor your behavior tracking, respond to concerning patterns, or provide any form of intervention based on your Momentum data.
- You assume all risks associated with using a non-clinical tracking tool to manage or monitor potentially harmful behaviors.
SPECIFIC ACKNOWLEDGMENTS FOR DATA EXPORT FEATURE:
BY USING THE EXPORT YOUR DATA FEATURE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT:
- Exported PDFs are unencrypted and unprotected standard PDF files. They are not password-protected and can be read by any PDF-compatible application.
- Exported files may contain highly sensitive personal health data including mental health records, urge ratings, self-harm behavior logs, and substance use data.
- Once you save, share, or distribute an exported file, we have no ability to control, protect, recall, or delete that file. You are solely responsible for its security and confidentiality from that moment onward.
- You accept full responsibility for any consequences arising from the disclosure of an exported file to any third party, including consequences you did not intend or anticipate.
- Transmitting an exported file over insecure channels (such as standard email) carries inherent security risks that you voluntarily accept.
- We make no guarantees about the completeness or accuracy of exported data, and we are not liable for any consequences arising from inaccurate or incomplete exports.
- You will review the contents of any export carefully before sharing it, and you accept responsibility for any data included in an export that you did not intend to share.
If you do not agree with these Terms, you must immediately stop using Bifocal and uninstall the App.