Terms of service

Welcome to Pointee Interactive s.r.o.'s and Pointe Inc's Terms of Use ("Terms"). These Terms govern your use of our Services and Platform, so it's essential to read them carefully. Your access to and use of our Services and Platform, including our monitoring, analytical and orchestration platform ("Platform") accessible via our website https://app.pointee.com (the "Website"), provided "as a service" (SaaS) through the Website (the "Services"), are subject to these Terms. If you do not agree to all the terms and conditions stated herein, please refrain from using our Services.

We are Pointee Interactive s.r.o., referred to as "Pointee," "we," or "us" throughout these Terms. If you have any questions, comments, or concerns regarding these Terms or the Services, please do not hesitate to contact us at support@pointee.com.

‍

1. OUR SERVICES IN GENERAL

Pointee License Definition: By accessing the Platform and/or using the Services, you agree to be bound by these Terms, including the Pointee License. The Pointee License encompasses all the rights and obligations granted to you by Pointee regarding the use of our Services.

Free Trial: We also offer a free trial, subject to agreement with the Pointee sales team. The length of the trial can vary based on demands and scope, ensuring you have the opportunity to fully experience our services before making a purchase.

By accessing the Platform and/or using our Services, you warrant and affirm that you: a) are a legal entity or an individual of legal age to form a binding contract, however, at least 18 years of age (if not, you warrant and affirm that you are using our Services under the supervision of a parent or guardian); b) have not been previously suspended or banned from using our Services; and c) have the capacity to enter into this agreement and agree to be bound by these Terms.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is substantial, we will try to provide at least a 30-day notice prior to any new terms taking effect. What constitutes a substantial change will be determined at our sole discretion. You can always find the most recent version on the Website. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

These Terms include the provisions in this document, as well as those in the Privacy Policy. In these Terms, the words “include” or “including” mean “including but not limited to,” and examples are for illustration purposes and are not limiting.

Pointee License Purchase: The license can be purchased through our sales team or reseller partners.

‍

2. ACCESSING THE SERVICES AND USING THE PLATFORM

In order to use the Services and access our Platform, the Customer will be required to sign up for the Platform. Customers need to identify by email and password in order to sign up.

You may use the Services for your own internal, personal, or commercial (work-related) use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We are not responsible if you use the Services in a way that breaks the law.

You will keep all your registration information accurate. You are solely responsible for protecting the security of your login credentials. You shall immediately notify us of any unauthorized use of your credentials or any other breach of the Website’s, Platform’s, or his Pointee’s account security. You are also solely responsible for all access to and use of Platform by anyone using the credentials originally selected by you, whether or not such access to and use of Platform is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.

When logged into Platform, you can access assigned organization space. Organizations have granular role-based access control (RBAC) settings, allowing you to manage users via enterprise active directory solutions for enhanced access control.

A project in Pointee contains logs, and automatic analysis results, and it all runs in one environment. We also offer integration with RPA (Robotic Process Automation) platforms to provide real-time monitoring and orchestration features, enhancing your automation capabilities.

You are free to share it with other collaborators, who can use it simultaneously with you. To create a process analysis in Pointee, you can upload your own files in the organization interface. You can make any submission to the organization on Platform, i.e. anything you post, upload, share, store, or otherwise provide through Platform is considered as your customer submission (the “Customer submission”). You represent, warrant, and agree that you will not (by yourself or through a third party):

Use Pointee’s Platform, Website, and/or Services to pursue any illegal activities as defined by the law of any applicable jurisdiction.

• Use Pointee’s Platform, Website and/or Services to pursue any illegal activities as defined by the law of any applicable jurisdiction;
• Transfer any illegal, harassing, abusive or objectionable Content;
• Sell the Services to third party without explicit consent of Pointee;
  
• Modify or reverse engineer the Services;
• Attempt to compromise the security of Pointee Platform and/or the Website;
• Attempt to steal any digital Content;
• Run proxy, VPN server or serve content from Pointee Platform (like running http server or similar);
• Impersonate another person; and
  
• Give access to Pointee to any third party by using your login account credentials (this includes running computations on their behalf).

‍

3. PRIVACY RIGHTS

We take the privacy of our Customers very seriously. You control and own your data, whether it's your personal or work-related information, and we are committed to keeping it private. Our Privacy Policy describes when we collect your information and why.

Managing Users via Enterprise Active Directory Solutions: For enhanced data privacy and security, we offer the option to manage users via enterprise active directory solutions. This allows you to align user access with your organization's existing security protocols and policies.

Integration with RPA Platforms: We understand the importance of real-time monitoring and orchestration of automated processes. To provide you with these advanced features, we integrate with Robotic Process Automation (RPA) platforms. This integration enhances your control over automation processes, ensuring they operate seamlessly within your established workflows.

By using our Services and Platform, you acknowledge and agree to our Privacy Policy, as well as the option to manage users via enterprise active directory solutions and the integration with RPA platforms to enhance your data privacy and automation capabilities.

‍

4. INTELLECTUAL PROPERTY RIGHTS AND LICENSES

Please note that the materials displayed or available on Platform or through the Services, including text, graphics, data, articles, comments, and Customer submissions provided by other users (the “Content”), are protected, whether registered or not as copyright or other types of intellectual property (the “Intellectual Property”). You are responsible for all Content you contribute to the Services, and you represent and warrant that you have all rights necessary to do so.

You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. You won’t use, copy, reproduce, modify, publish, transmit, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including ours) rights.

Ownership of Intellectual Property: The Customer acknowledges that all Services and Platform-related Intellectual Property (i.e., all existing and future trademarks, service marks, domain names, business names, rights pertaining to inventions, designs, sample projects, databases, and proprietary information, including trade secrets and know-how), copyrights, moral rights, and all other assets and benefits commonly regarded as Intellectual Property, are the sole property of Pointee. The Customer shall not acquire any right, title, or interest in the aforesaid Intellectual Property or otherwise in connection with the Service, except for the limited rights of use expressly set forth in these Terms. Any rights not expressly granted herein shall be deemed withheld.

Scope of Licenses: The Platform may only be used during the time that the Terms are in force between Pointee and the Customer and only in such a manner as necessary for using the Platform for its intended purpose. The Customer acknowledges that they have no right to have access to Platform’s source code. The Customer has no right to sub-license or assign the license under these Terms and shall ensure that Platform does not become the subject of any charge or encumbrance without the prior explicit consent of Pointee.

Copyright Infringement: If you believe that any Content infringes your copyright, you may request its removal in accordance with applicable copyright laws.

‍

5. PRICING, BILLING, AND LICENSING CONTRACT

The Pointee Services may be offered in different pricing tiers, including a free trial for a limited time, as described in Section 1. Please note that the availability and terms of the free trial are subject to agreement with the Pointee sales team. The length of the trial can vary based on demands and scope, ensuring you have the opportunity to fully experience our services before making a purchase.

For customers interested in continued use of our Services beyond the free trial period, a formal licensing contract is required. This licensing contract may be established directly with Pointee or through an authorized reseller partner. The licensing contract, whether with Pointee or a reseller partner, will outline the specific terms, including the license term and pricing details, as well as the refund policy if applicable.

Licensing Contract Terms: The licensing contract between Pointee, or a reseller partner, and the Customer, will specify the duration of the license term and the associated pricing.

Please note that any refund policy, if applicable, will be detailed within the licensing contract.

‍

6. TERMINATION

Unless stated differently in the licensing contract, you may be subject to termination conditions specified in the licensing contract. Please refer to the licensing contract for details regarding the termination process, conditions, and any associated obligations.

‍

7. ADDITIONAL INFORMATION AND LEGAL NOTICES

This section provides additional information and legal notices related to your use of Pointee's Services and Platform. Please review the following points carefully:

‍

WARRANTY DISCLAIMER

While we strive for accuracy and error-free services, we do not warrant that any product, service, description, pricing, or other information is accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct it and revise your order accordingly, if necessary.

‍

EXCLUSION OF CERTAIN LIABILITY

To the extent permitted by applicable law, Pointee, its affiliates, officers, employees, agents, suppliers, and licensors will not be liable for indirect, consequential, special, incidental, punitive, or exemplary damages. This includes, but is not limited to, loss of use, data, business, revenues, or profits, arising out of or in connection with the Services and these Terms.

‍

LIMITATION OF LIABILITY

To the fullest extent allowed by applicable law, Pointee's liability is limited. Under no circumstances and under no legal theory shall Pointee be liable to you or any other person for damages exceeding the amounts specified in the licensing contract or $100, whichever is greater.

‍

INDEMNITY

You agree to indemnify and hold Pointee, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages, losses, and expenses arising from your use of the Services or any violation of these Terms. We will attempt to provide notice of any claims to you in accordance with the contact information we have for your account.

‍

ASSIGNMENT

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, without Pointee's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.

‍

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by and will be construed under the laws of the Czech Republic, without regard to the conflicts of laws provisions thereof. Any disputes arising from or relating to these Terms or the Services will be litigated exclusively in the Czech Republic, and you and Pointee consent to personal jurisdiction in those courts.

‍

SEVERABILITY

If any provision of these Terms becomes illegal, invalid, or unenforceable, it shall not affect the legality, validity, or enforceability of any other provision. If any provision would be valid, enforceable, or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable.

‍

PRODUCT SUPPORT TERMS

For details on how users will be supported by the Pointee team, please refer to our Product Support Terms.

‍

MISCELLANEOUS

You are responsible for all taxes associated with your activity in connection with the Services unless Pointee takes on this responsibility. The failure to exercise any right herein shall not be deemed a waiver of any further rights. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.