Terms of Service
Last Updated: December 13, 2019
Welcome to Pointo!
Please read these Terms of Service carefully before using the Pointo app and its associated Services. These Terms of Service (“Pointo Terms of Service“, “Terms“) are agreed between You and Salt & Pepper Labs and govern Your use of Salt & Pepper Labs’s mobile application for Android Pointo and any associated Services (collectively the”Pointo App“). When you use Pointo, you agree to these Terms.
- Parties. These Pointo Terms of Service are contracted between You and Salt & Pepper Labs only, and not Google LLC (“Google“). Although Google is not a party to the Pointo Terms of Service, Google has the right to enforce these Terms against You as a third party beneficiary relating to Your use of the Pointo App.
- Terms of Service. To use one or more features of the Pointo App, such as back-up & sync or link sharing, You may be required to register and/or identify with a third-party account (such as Google Drive).
- Copyright. Users are solely responsible for any copyright violations that might occur as the result of sharing a Memory with contents to which they do not hold the copyright. Copyright to photos and audio recordings in Memories shared by Users with third-parties are retained by the creator of the content.
- Limited License. Salt & Pepper Labs grants You a limited, non-exclusive, non-transferrable, revocable, worldwide, perpetual license to use the Pointo App for Your personal, non-commercial purposes (“License”). You may only use the Pointo App on an Android device that You own or control and as permitted by the Google Play Store Terms of Service.
- Restrictions on Use.You shall use the Pointo App strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the Pointo App; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Pointo App; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Salt & Pepper Labs or its affiliates, partners, suppliers or the licensors of the Pointo App; (e) use the Pointo App for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (f) use the Pointo App for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Salt & Pepper Labs; (g) use the Pointo App to send automated queries to any website or to send any unsolicited commercial e-mail; or (h) use any proprietary information or interfaces of Salt & Pepper Labs or other intellectual property of Salt & Pepper Labs in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Pointo App.
- Termination. Salt & Pepper Labs may, at its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore if You fail to comply with any terms and conditions of this License then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Salt & Pepper Labs. Upon the termination of this License You shall cease all use of the Pointo App and uninstall the Pointo App.
- Warranty. The Pointo App is provided for free on an “as is” basis. As such, Salt & Pepper Labs disclaims all warranties about the Pointo App to the fullest extent permitted by law.
- Limitation of Liability. Under no circumstances shall Salt & Pepper Labs or its affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with Your access or use of or inability to access or use the Pointo App and any third party content and services, whether or not the damages were foreseeable and whether or not Salt & Pepper Labs was advised of the possibility of such damages.
- Maintenance and Support. To the extent available, Salt & Pepper Labs will provide maintenance or support for the Pointo App, including providing users with all updates and upgrades to users via the Google Play Store. To the extent that any maintenance or support is required by applicable law, Salt & Pepper Labs, not Google, shall be obligated to furnish any such maintenance or support.
- Product Claims. Salt & Pepper Labs does not make any warranties concerning the Pointo App. To the extent you have any claim arising from or relating to your use of the Pointo App, Salt & Pepper Labs, not Google, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claim; (ii) any claim that the Pointo App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Pointo App Agreement shall be deemed an admission that You may have such claims.
- Third Party Intellectual Property Claims. Salt & Pepper Labs shall not be obligated to indemnify or defend You with respect to any third party claim arising out or relating to the Pointo App.
- Term and Termination.This Agreement shall remain in effect until terminated by You or Salt & Pepper Labs. Salt & Pepper Labs may, at its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Salt & Pepper Labs, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Pointo App and all copies thereof from your mobile device or from your desktop. Upon termination of this Agreement, you shall cease all use of the Pointo App and delete all copies of the Pointo App from your mobile device or from your desktop.
- Severability. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
- Amendments to this Agreement.Salt & Pepper Labs reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 (thirty) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- Contact Information. Should you have any questions or feedback relating to the Pointo App, please contact us at firstname.lastname@example.org