Note that your use of and access to our Services and Platform (defined below) are subject to the following terms. If you do not agree to all of the following, you may not use or access the services in any manner (the “Terms”).
Please read on to learn the rules and restrictions that govern your relationship with Pointee Interactive s.r.o. (the “Pointee”, “we” or “us”) in relation to our platform designated especially for automation development teams where you can analyse automated processes on our analytical platform (“Platform”) accessible via our website https://www.pointee.com/ (the “Website”), provided “as a service” (SaaS) through the Website (the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at firstname.lastname@example.org. Please read these Terms carefully before using the Services.
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.
We will use best endeavours to provide the Services to any person or entity using the Services (“you”, “your” or “Customer”) throughout the terms and conditions of these Terms in accordance with the level of Services purchased by the Customer.
Our Services may be free (i.e. Pointee - Free version) or we may charge a fee for using the Services (i.e. Pointee - Enterprise editions). If you are using a free version of the Services, we will notify you before any Services you are using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
Please note that we’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice.
In order to use the Services and access our Platform, the Customer will be required to sign up to 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, to allow us to choose what you and your collaborators can and cannot do. A project in Pointee contains logs, and automatic analysis results and it all runs in one environment. 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):
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 the copyright or other type of intellectual property (the “Intellectual Property”). You are responsible for all Content you contribute to the Services, and you represent and warrant 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, and 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 our’s) rights.The Customer acknowledges that all Services and Platform-related Intellectual Property ( i.e., all existing and future trademarks, service marks, domain names and business names, rights pertaining to inventions, designs, sample projects, databases and proprietary information (including, without limitation, trade secrets and know-how), copyrights, moral rights and all other assets and benefits commonly regarded as Intellectual Property is 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 the Terms. Any rights not expressly granted herein shall be deemed withheld.
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 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.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Pointee, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
The Pointee Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
Free plan - For Customers who want to try the benefits of Pointee. Free plan includes 1 organization. It is limited by analysis of up to 5 processes. Free account is open for 90 days (counted from the day of your first account activation). Access to your account will be revoked after this period. The account will be archived and your data saved for the period of additional 90 days. You will be granted access to your account again if you decide to switch to Enterprise plan within this period.
Enterprise plan - Custom solution and pricing for multiple teams & departments with dedicated support. Enterprise plan includes all features of Platform. Specific details are governed by a separate Service agreement.
All fees paid by you are non-refundable, except as provided in these Terms or when required by law.
Please note that Pointee may change the fees charged to you for the Services at any time. We will provide you with advance notice of any change in fees.
Unless stated differently in Service agreement, you are free to stop using the Services and/or Platform at any time. Upon termination, your subscription will be cancelled immediately. At the end of the month, you will be charged for any outstanding amount from the previous month (such as collaborators added to the team during the month). Your account will be archived for 90 days. After this period it may no longer be possible to reactivate your account and access your data.
Pointee is also free to terminate (or suspend access to) your use of the Services or your Pointee account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions in these Terms.
We attempt to be as accurate as possible and eliminate errors on the Website and/or Platform, however, 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 on the Website and/or Platform, in an order confirmation, or during the delivery of the Services, we reserve the right to correct such errors and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
Except as expressly provided in these terms and to the extent permitted by applicable law, the services and any guidance or recommendations therein are provided “as is” and Pointee does not make warranties of any kind, express, implied, or statutory, including those of merchantability, fitness for a particular purpose, and non-infringement or any representations regarding availability, reliability, or accuracy of the services.
To the extent permitted by applicable law, Pointee, its affiliates, officers, employees, agents, suppliers, and licensors will not be liable for (a) any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, or (b) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), arising out of or in connection with the services and these terms, and whether based on contract, tort, strict liability, or any other legal theory, even if Pointee has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Pointee be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to Pointee in connection with the services in the twelve (12) month period preceding this applicable claim, or (iii) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Pointee, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (the “Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Pointee’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms are governed by and will be construed under the laws of Czech Republic, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms or the Services will be litigated exclusively in Czech Republic, and you and Pointee consent to personal jurisdiction in those courts.
If at any time any provision of the Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of the Terms. If any invalid, unenforceable or illegal 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. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Pointee may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Pointee in any respect whatsoever. You and Pointee agree there are no third party beneficiaries intended under these Terms.