Terms & Conditions

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES. BY CREATING AN ACCOUNT OR INSERTING CREDENTIALS PROVIDED BY POINT TO LOG ON TO OUR SYSTEM, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT LOG ON OR USE OUR SERVICES.

Welcome to Point. Point digests an individual’s biometric health data from all connected wearable devices and provides customized recommendations based on stated health and fitness goals. Our Terms of Use are designed to navigate You through our Services.

By using Point’s Services, You agree to the following:

Any information that we collect through Your access and use of our Services is subject to Point’s Privacy Policy, which is part of our Terms of Use. You are at least 18 years old or and are otherwise legally qualified to enter into contracts under applicable law;You understand and intend that these Terms of Use constitute a legally binding agreement and the equivalent of a signed, written contract; You will use our Services in a manner consistent with applicable laws and regulations and our Terms of Use, as they may be amended by us from time to time; and You understand, accept, and have reviewed our Terms of Use, and acknowledge and demonstrate that You can willingly access our Terms of Use.

IF YOU DO NOT AGREE WITH OR ACCEPT OUR TERMS OF USE, PLEASE DISCONTINUE ALL FURTHER USE OF OUR SERVICES. DO NOT LOG IN TO OUR SERVICES AND IMMEDIATELY DELETE ALL INSTALLED FILES, IF ANY, OF THE ACCOMPANYING SERVICES AND MATERIALS FROM YOUR COMPUTER OR MOBILE DEVICE.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND POINT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE BY CONTACTING HELLO@AREYOUONPOINT.CO WITHIN 30 DAYS OF ACCEPTING OUR TERMS OF USE.


Terms of Use

Last updated: October 30, 2020

Our Terms of Use are entered into by and between You and Key Point Technologies, Inc. (“Point,” “Company,” “we,” or “us”). The following terms and conditions (“Terms of Use”) govern Your access to and use of https://www.areyouonpoint.co, and Point mobile device applications (the “Applications”) and our Services available through the Applications (collectively “Services”).

By using our Services, You represent and warrant that You have read and understand, and agree to be bound by, these Terms of Use and Point’s Privacy Policy.

IF YOU DO NOT UNDERSTAND THESE TERMS OF USE, OR DO NOT AGREE TO BE BOUND BY THEM, YOU MAY NOT ACCESS OR USE OUR SERVICES.

Our Services are offered and available to users who are at least 18 years of age, and reside in the United States or any of its territories or possessions. By using our Services, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the eligibility requirements. If You do not meet all of these requirements, You must not access or use our Services.

Our Services

Our Services digest Your biometric health data from all connected wearable devices and provide customized recommendations based on stated health and fitness goals. You may access and use our Services solely in accordance with our Terms of Use, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into our Terms of Use, such as Point’s Privacy Policy, and any other agreement(s) entered into between You and Point. 

By using our Services, You consent to the collection and use of certain information about You, as specified in Point’s Privacy Policy. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

Changes & Updates to the Terms of Use

We may modify or update our Terms of Use from time to time in our sole discretion and without prior notice to You. If we change our Terms of Use, we will let You know by: (a) posting a new version; and/or (b) posting a change notice on our Applications. All changes are effective immediately when we post them, and apply to all access and use of our Services thereafter.

Your continued use of our Services following the posting of modified or updated Terms of Use means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You. 

Eligibility

By registering for a Point’s account, accessing, using or subscribing to our Services, You represent and warrant as follows:
- You are at least 18 years old and are otherwise legally qualified to enter into contracts under applicable law;
- You provide us with true, accurate, current, and complete data; 
- You will update Your registration data as necessary to ensure it remains accurate; You are authorized to create an account (either for Yourself or for another person); and
- You are not located in a country that is subject to U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting” country, and You are not listed on any U.S. Government list of prohibited or restricted parties.

THESE TERMS OF USE ARE VOID WHERE PROHIBITED. DO NOT USE OUR SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR ACCESS TO AND USE OF OUR SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR ACCESS TO OR USE OF OUR SERVICES.

POINT DOES NOT PROVIDE MEDICAL ADVICE

The information, including but not limited to, text, graphics, images and other materials contained through our Services are for informational purposes only. Our goal is to promote consumer understanding and knowledge related to various health and fitness topics. It is not intended to serve as a substitute for professional medical advice, diagnosis or treatment. Always contact your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment as well as before implementing a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have found through our Services.

POINT IS NOT A MEDICAL PROVIDER. YOUR ACCESS TO OR USE OF OUR SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND POINT.

If at any time You develop concerns about Your care or treatment, or You believe or someone else advises You that You have a serious or life-threatening condition, call 911 immediately, or visit the nearest urgent care clinic or emergency room.

Accessing our Services, Account Security and Privacy

We reserve the right to withdraw or amend our Services in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Services, or the entire Services, to users.

To access our Services, You will be asked to provide certain registration details or other information. You agree that all information You provide to register with our Services, including, but not limited to, through the use of any interactive features on our Services, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.

If You choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to our Services or portions of it using Your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared device so that others are not able to view or record Your username, password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of our Terms of Use.

You are also responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for Your access to and use of our Services. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and Internet security software. There are always certain security and access availability risks associated with using open networks such as the Internet, and You expressly assume such risks. You are responsible for the data security of the Systems used to access our Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of Your Systems.

Intellectual Property Rights

Our Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Point, its licensors, or other providers of such material and are protected by relevant copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our Terms of Use permit You to use our Services for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on our Services, except as follows:
- Your device may temporarily store copies of such materials in RAM incidental to - Your accessing and viewing those materials;
- You may store files that are automatically cached by Your browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of our Services for Your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
- You may download a single copy of our Applications to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such Applications.

You must not:
Modify copies of any materials from our Applications;
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Applications.

You must not access or use for any commercial purposes any part of our Services or any materials available through our Services.
 
If You wish to make any use of material on our Services other than that set out in this section, please email Your request to hello@areyouonpoint.co.

If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Services in breach of the Terms of Use, Your right to use our Services will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to our Services or any content on our Services is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of our Services not expressly permitted by our Terms of Use is a breach of our Terms of Use and may violate copyright, trademark, and other laws.

Point’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.

You own Your Personal Information (as defined in the Privacy Policy) and any other content that You post on or through our Services.  In order for us to provide You with our Services, You grant to Point a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your content solely for the purpose of providing our Services. You also agree to allow Point to deidentify and anonymize Your content, including without limitation, Your personal health information, and to use or disclose such de-identified information for purposes of Point’s management, operations, or administration of its business and our Services, as further described in the Privacy Policy.  

App Store

If You downloaded the Applications from the Apple App Store (the “App Provider”), by agreeing to these Terms of Use, You acknowledge, understand and agree to the following:
- these Terms of Use are only between You and Point, and not between You and the App Provider, and only Point is responsible for the Applications (not the App Provider);  
- the App Provider has no obligation to furnish any maintenance or support services with respect to the Applications; 
- in the event of any failure of the Applications to conform to any applicable warranty, (a) You may notify the App Provider and the App Provider may refund the purchase price for the Applications to You (if applicable), (b) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Applications, and (c) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; 
- the App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the Applications or Your possession and use of the Applications, including, but not limited to: (a) product liability claims; (b) any claim that the Applications fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
- in the event of any third party claim that the Applications or Your possession and use of the Applications infringes that third party’s intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim; 
- the App Provider, and its subsidiaries, are third party beneficiaries of these Terms of Use as it relates to Your license of the Applications. This means that, upon Your acceptance of these Terms of Use, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to Your license of the Applications against You; and 
- if You downloaded the Applications from the App Store, the license granted to You in these Terms of Use is non-transferable and is for use of the Applications on any Apple products that You own or control.

Privacy

All information we collect through our Services is subject to our Privacy Policy. By accessing or using our Services, You acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is incorporated herein.

Consent to Receive Email From Point

In providing our Services, You may receive periodic email communications regarding our Services, new offers and information regarding our Services, which are part of our Services and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials Point believes might be of interest to You. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each newsletter; or (b) changing the email preferences in Your account’s dashboard.

Third-Party Services

There are some services offered through the Applications, including, but not limited to payment services, that are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”). Use of Third-Party Services may be subject to additional terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, YOU MAY NOT USE THE RELATED THIRD-PARTY SERVICES. In the event of any inconsistency between terms and conditions relating to Third-Party Services and these Terms of Use, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about You, as specified in the Third-Party Service Providers’ privacy policies. Prior to providing information to any Third-Party Service Provider, You should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS AND CONDITIONS, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. POINT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.

Links from our Services

If our Services contain links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to our Services, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

Prohibited Uses


You may use our Services only for lawful purposes and in accordance with our Terms of Use. You agree not to use our Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); and 
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm the Company or users of our Services, or expose them to liability.

Additionally, You agree not to:
- Use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Services, including their ability to engage in real time activities through our Services;
- Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services;
- Use any manual process to monitor or copy any of the materials on our Services, or for any other purpose not expressly authorized in our Terms of Use, without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of our Services;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services are stored, or any server, computer, or database connected to our Services;
- Attack our Services via a denial-of-service attack or a distributed denial-of-service attack; and
- Otherwise attempt to interfere with the proper working of our Services.

Online Purchases and Other Terms and Conditions

If You choose to subscribe to any of our Services, you are subject to the applicable payment and billing terms outlined below. Our paid services and billing may auto-renew unless You cancel, and you may do so at any time. 

Point offers a premium version of our Services (the “Premium Services”) for a subscription fee. By signing up for, accessing and using our Premium Services, You accept and agree to our Terms of Use, and any additional terms and conditions provided below. You further agree to waive Your 14-day right of withdrawal once You subscribe to our Premium Services to the maximum extent permitted by applicable law, in order to immediately use and access our Premium Services.

Our Premium Services provide You access to our full Services. By registering for, accessing and using our Premium Services, including signing up for free trials of our Premium Services, You agree to pay any fees or other incurred charges applicable to our Premium Services.

When signing up for our Premium Services, You must provide information about Your preferred payment method (“Payment Method”). This information must be complete and accurate, and You are responsible for keeping it up to date. You expressly authorize Third Party Service Providers to collect from Your Payment Method the appropriate fees charged for our Premium Services and for any other purchases You choose to make via our Services.

We provide Premium Services on a monthly or annual basis. Unless otherwise stated, all fees due for our Premium Services are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or annual Premium Service period, as applicable. Unless otherwise stated, Premium Services will auto-renew until You elect to cancel Your access to Premium Services. All purchases of Premium Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing Premium Services.

Termination or Cancellation of Premium Services

If You do not pay the applicable subscription fees due for Your access to and use of our Premium Services, we may make reasonable efforts to notify You and resolve the issue; however, we reserve the right to disable or terminate Your access to our Premium Services upon such an occurrence without notice.

You can cancel our Premium Services at any time by logging into Your account and electing to cancel our Premium Services. Once You have cancelled Your Premium Services and received confirmation, no other changes can be made to Your account. The cancellation of our Premium Services will go into effect at the end of Your current billing cycle, and You will be able to access and use our Premium Service through the remainder of such a billing cycle. For example, if You are billed on a monthly basis and cancel during a given month, You will be charged for the entirety of that month and maintain access to the Premium Service through the end of that month.

There are no refunds for termination or cancellation of Your Premium Services. If You no longer wish to subscribe to Premium Services, it is Your responsibility to cancel Your Premium Services in due time, regardless of whether or not You actively access and use the Premium Services.

Subscription Fee Changes

To the maximum extent permitted by applicable laws, we may change our subscription fees for Premium Services at any time. We will give You reasonable notice of any such changes by posting the new fees on or through our Applications or by sending You an email notification. If You do not agree to the new fees, You can cancel our Premium Services prior to the change going into effect.

Promotional Codes

If we provided You with a promotional code to commence accessing and using our Premium Services, You accept and agree to the below following terms and conditions. To redeem a promotional code, you need to log in to the Services and enter the code to take advantage of the relevant promotion. All promotional codes can only be applied when subscribing to our Premium Services, and to accounts not already subscribed to Premium Services. They cannot be combined with any other sales, promotion or coupons, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a promotional code. It is Your own responsibility to use promotional codes before they expire, and expired codes cannot be refunded or extended. It is also Your responsibility to terminate our Premium Services before the end of a promotional period if You do not want to continue with our Premium Services at the regular subscription fee. The terms and conditions of a specific promotional code may include additional restrictions on its use, including but not limited to, the type of plan, duration of promotional Premium Services, coupon validity dates, and/or purchase quantities. Point reserves the right to cancel promotional codes at any time.

Free Trials

We may offer free trials of our Premium Services or make other promotional offers (each a “Free Trial”). A Free Trial provides You access to our Premium Services for a specified period of time, with details provided when You register for the offer.

As soon as You submit Your payment details, Your Free Trial will begin. You will not be charged until the Free Trial period ends.

Unless You cancel before the end of the Free Trial, or unless otherwise stated, Your access to and use of our Premium Services will automatically continue and You will be billed the applicable subscription fees for that Premium Service using the Payment Method provided by You. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing Premium Services. It is Your responsibility to know when the Free Trial will end if You decide You do not want to become a paying Premium Services subscriber after the Free Trial period.

If You decide not to become a paying Premium Services subscriber, You must cancel Your subscription before the end of the Free Trial period. Depending on the applicable Premium Service, You may lose access as soon as You cancel or at the end of the Free Trial period. Once You have cancelled Your Free Trial and received confirmation, You cannot resume the Free Trial period even if it was not used for the entire duration of the offer.

Premium Service features and content may change at any time, and we cannot guarantee any specific features or content will be available for the entire Free Trial period. The rates in effect when You register for the Free Trial will be the same when the Free Trial ends, unless we notify You otherwise. We reserve the right, in our sole discretion, to revise or terminate any Free Trial offer, Your access to our Premium Services during the Free Trial, or any of our Terms without notice and with no liability. You may not sign up for more than one Free Trial of Premium Services at the same time, and we reserve the right to limit Your ability to take advantage of multiple Free Trials.

Geographic Restrictions


Point is incorporated in the State of Delaware and based in California in the United States. Currently, we provide our Services for access and use only by persons located in the United States. We make no claims that our Services or any of its content is accessible or appropriate outside of the United States. Access to our Services may not be legal by certain persons or in certain countries. If You use or access our Services from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties


You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Applications for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO OR USE OF OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIALS POSTED ON THEM, OR ON ANY SERVICES LINKED TO THEM.

YOUR ACCESS TO OR USE OF OUR SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES ARE AT YOUR OWN RISK. OUR SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER POINT NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR SERVICES, OUR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APPLICATIONS OR THE SERVER THAT MAKEST THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, POINT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability


TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, ANY SERVICES LINKED TO THEM, ANY CONTENT ON OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification


You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of our Terms of Use or Your use of our Services, including, but not limited to, any use of our Services’ content, services, and products other than as expressly authorized in our Terms of Use, or Your use of any information obtained from our Services.

Your Representations And Warranties

You represent and warrant that Your use of our Services will be in accordance with these Terms of Use and any other policies and guidelines of Point, and with any applicable laws or regulations, including these related to the United States export control laws which regulate the export and re-export of technology originating in the United States. 

Governing Law and Jurisdiction


All matters relating to our Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, our Terms of Use or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against You for breach of our Terms of Use in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Arbitration Agreement


At Company’s sole discretion, it may require You to submit any disputes arising from our Terms of Use or use of our Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Waiver and Severability


No waiver by the Company of any term or condition set out in our Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under our Terms of Use shall not constitute a waiver of such right or provision.

If any provision of our Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Force Majeure


We are not liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, pandemic and/or governmental action.

Entire Agreement

The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between You and Point regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Services. 

General

Nothing in these Terms of Use creates an agency, partnership, or joint venture. 

Notices

All notices required or permitted to be given under these Terms of Use must be in writing. Point shall give any notice by email sent to the most recent email address, if any, provided by You to Point. You agree that any notice received from Point electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ON FILE WITH POINT IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY POINT OF AN EMAIL TO THAT ADDRESS. 

You shall give any notice to Point by means of: (a) U.S. mail, postage prepaid, to Key Point Technologies, Inc., 116 W Grand Ave El Segundo, CA 90245; or (b) email to: hello@areyouonpint.co. Notice to Point shall be effective upon receipt of notice by Point.

Your Comments and Concerns

Our Services are provided by Key Point Technologies, Inc. with an address at 116 W Grand Ave El Segundo, CA 90245.

All other feedback, comments, requests for technical support, and other communications relating to our Services should be directed to: hello@areyouonpint.co.