Point Technologies Terms of Service

Last modified: May 15, 2020

Please take your time to review these terms (the “Agreement”). By accessing or using the Services provided by Point Technologies Inc. (“Point Technologies”, “we” or “us”), you are confirming that you have read, understand and accept this Agreement. This Agreement can be updated from time to time. You are responsible for regularly reviewing the most current version of this Agreement, which is published at: http://www.mypoint.ai/terms, though we will notify you of any changes that, in our sole discretion, materially impact this Agreement. Continued use of the Services after any such changes have been made will constitute your consent to such changes. When we change this Agreement, we will update the “Last Modified” date above.

This Agreement applies to the “Services”, which are services that you access or purchase through our website or mobile applications.

• A. You will only use our Services for your business promotion reasons;
• B. You are at least 18 years old or otherwise able to enter into a legally binding agreement;
• C. You accept and will comply with this Agreement;
• D. If you are using our Services as a representative of an organization, you have the power to enter into legally binding agreements for the organization;
• E. You are responsible for anyone that uses our Services through your account, such as your employees, consultants or contractors (“Authorized Users”).

1. We use capitalization for terms that have a special meaning in this Agreement. While some terms are defined elsewhere, this section sets out the definitions of some key terms.

“Content” is a generic term that means all information and data (such as text, images, photos, videos, audio and documents) in any format that is uploaded to, downloaded from or appears on our Services.

“Submitted Content” is Content that you or your Authorized Users provide to us, or upload to our Services.

“Services” means our websites, such as mypoint.ai (and all its current and future subdomains), and mobile applications, and any services that you access or purchase through our websites or mobile applications.

“Third-Party Services” are services that are not provided by Point Technologies but that you may access or use in connection with our Services.

“you”, “your”, “Customer”, and similar terms mean the person or legal entity accessing or using the Services. For the avoidance of doubt, if you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, “you”, “your” or “Customer” means the company or other legal entity that you are using the Services on behalf of.

“Lead Data” refers to the potential lead data within our Content provided to you in course of using Point Technologies service.

2. Subject to the rest of this Agreement, we will allow you and your Authorized Users to access and use our Services in the way set out in the plan you subscribed to. You may not use or access the Services in any other way, such as using robots, spiders, crawlers and scraping technologies.

3. Our Services evolve constantly. We may change our Services, such as by changing, adding or removing features at any time, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of any of our Services.

4. Our Services interact with Social Networks and depend on the availability of those Social Networks and the features and functionality they make available to us, which we do not control and may change without notice. If at any time a Social Network stops making some or all of its features or functionality available to us, or available to us on reasonable terms as determined by Point Technologies in its sole discretion (each an “API Change”), we may stop providing access to those features or functionality and we will not be liable to you or any third party for any such change.

5. You and any Authorized Users using your account must comply with the Acceptable Use Rules and all laws. If we reasonably believe that you have breached the Acceptable Use Rules or any applicable law, we may, at any time and without notice, remove any of your Content and suspend, restrict or terminate your account or your access to the Services.

• a. Use your best efforts to prevent unauthorized access to or use of the Services, including by maintaining a strong password;
• b. Keep your passwords and other login credentials for the Services confidential;
• c. Monitor and control all activity conducted through your Point Technologies account;
• d. Notify us promptly if you become aware of or suspect any security breach regarding your account, including any loss, theft, or unauthorized disclosure or use of your (or any of your Authorized Users’) username, password, or account; and
• e. Comply with the Social Networks’ applicable terms which you connect through the Services (the “Social Network TOS”).

• a. Make the Services available to anyone other than your Authorized Users;
• b. Allow more than one individual Authorized User to use a single log-in to the Services, or use the Services in excess of the quantities or limits set out in your Services plan;
• c. Sell, trade, or otherwise transfer any Services to another party;
• d. Upload or share Customer Content that you do not own or otherwise have the right to share;
• e. Use the Services to store or transmit any Content, including Customer Content, that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, or publicity rights, or other applicable laws, or any of the Social Network TOS;
• f. Use the Services to send spam or other unsolicited messages in violation of applicable laws;
• g. Upload to, or transmit from, the Services any Content that contains or redirects to a virus, Trojan horse, worm, or other harmful component;
• h. Attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services or the Social Networks (including any mechanism used to restrict or control the functionality of the Services or the Social Networks) or any data from third parties (in other words, someone other than you, your Authorized Users or Point Technologies) contained in the Social Networks (except to the extent such restrictions are prohibited by applicable laws);
• i. Attempt to gain unauthorized access to the Services, the Social Networks, or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services or the Social Networks;
• j. Access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services or the Social Networks;
• k. Engage in any abusive practices that degrade the performance of the Services (or any part of the Services) for you or any of our other customers;
• l. Use the Services for redistribution, syndication, or fraudulent activities; or
• m. Allow or encourage any third party to do any of the above.

6. You are solely responsible for Submitted Content. We may, but do not have to, review, filter, block or remove them.

7. You acknowledge and agree that:

• (A) the Services do not help you comply with any laws, rules, or regulations that may apply to your collection or use of Submitted Content, which is solely your responsibility; and
• (B) we will not be liable to you or any third party for the Submitted Content, and we make no warranty that any Submitted Content obtained or displayed through the Services is accurate or complete.

8. You are responsible for the completeness, security, confidentiality and accuracy of the account information you provide to us. You will promptly notify us of any unauthorized access to or use of your log-in credentials or account.

9. We are not responsible for Content provided by others, including Content from Third-Party Services. You and anyone else who accesses our Services may access Content that might be unlawful, offensive, harmful, inaccurate or otherwise inappropriate. We will not be liable to you or any third party for Content provided by others.

10. If you access or purchase a Third-Party Service through our Services, you do so at your own risk. Your relationship with the Third-Party Service provider is an agreement between you and them. You specifically understand that we are not responsible for Third-Party Services and will not be liable to you or any third party for any losses or damages resulting from your use of Third-Party Services.

11. If you access or enable a Third-Party Service, you grant them permission to access or otherwise process your data as required for the operation of the Third-Party Service. We are not responsible for disclosure, use, change to or deletion of your data and will not be liable to you or any third party for access to your data by a Third-Party Service.

12. We may, but do not have to, preview, verify, flag, modify, filter, block or remove Third-Party Services. You must comply with all agreements and other legal requirements that apply to Third-Party Services.

13. You will be expected to protect the lead data provided to you using Point Technologies service. In case where we find out that you are unlawfully or unjustly using the Lead Data (such as reselling the lead data), your account may be suspended.

14. If we share non-public information about Point Technologies or our Services with you, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information.

15. Customer Content. You retain your rights to any Customer Content you submit, post or display on or through the Services. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, host, run, copy, reproduce, process, adapt, translate, modify, publish, transmit, display and distribute Customer Content for the purposes of providing, supporting, enhancing, and developing our products and services.

16. Services. We keep all rights and interests in our Services. The Services contain Content owned or licensed by Point Technologies. Point Technologies Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Point Technologies, we own and retain all rights in the Services and in any of our Content.

17. Fees and Trials. You must pay all fees for the Services you purchase, except for Services that we expressly offer free of charge. If you sign up for a free trial of a paid Service, we may require you to provide a valid credit card or other payment method. We will charge you automatically on the first day of using paid service, unless you cancel or downgrade to a charge-free service.

18. Auto-Renewal of Services. Services plans will renew automatically monthly, and we will automatically bill you on renewal unless you cancel or downgrade our Services under Section 20 below.

19. Taxes. You are responsible for paying all taxes on all fees that you pay to us. Local taxes may differ based on your payment method.

20. You may cancel or downgrade your Services plan at any time. If you cancel (or downgrade) paid Services, you must continue to pay for the rest of your plan term and you are not entitled to a refund.

21. We may refuse to provide service to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Services for any reason, at any time, without notifying you in advance. If we terminate this Agreement because you violated the Acceptable Use Rules or any other part of this Agreement, you will not receive a refund. If we terminate your access to the Services under this section for no reason, we will refund you for the Services you have not yet received

22. We offer our Services “as is” and are not making any warranties, conditions, representations or guarantees of any kind, whether express, implied, statutory or otherwise, including all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality and non-infringement, that our Services will meet your requirements or that our Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. Use our Services at your own risk. You hereby release us and our affiliates and the directors, officers, employees, agents, licensors and service providers of Point Technologies and our affiliates from any claims, known or unknown, you have against them.

23. We will not be liable for indirect, punitive, incidental, special, consequential or exemplary damages, or for loss of profits, goodwill or data or other intangible losses, that result from the use of, or inability to use, our Services or any other aspect of this Agreement. Under no circumstances will we be liable for any Third-Party Services, Social Networks or activities of third parties, any connection to or transmission from the Internet, or for any damage, loss or injury resulting from hacking, tampering, theft or other unauthorized access to or use of our Services or your account or the information contained in your account, including Customer Content.

24. Our aggregate liability to you for all losses or damages arising out of this Agreement or your use of our Services, even if we have been advised of the possibility of such losses, will not exceed the greater of the fees we received from you. The limitations of liability in this section also apply to the Point Technologies Parties and to claims brought based on any cause of action.

25. No advice or information, whether oral or written, obtained from us or elsewhere will create any warranty or condition not expressly stated in this Agreement.

26. Our prices are set based on limitations of liability and the disclaimers of warranties in this section. You acknowledge that they will survive and apply even if found to have failed their essential purpose.

27. If you are dissatisfied with our Services or believe that you’ve been harmed by your use of our Services or this Agreement, you may terminate your use of our Services (as set out above). That termination is your sole and exclusive remedy (and our sole and exclusive liability) under this Agreement.

28. The laws applicable in Vietnam will govern any dispute, cause of action or claim arising out of this Agreement or your use of our Services, including against any Point Technologies Party (“Dispute”), without giving effect to conflict-of-law principles.

29. You will indemnify and hold harmless the Point Technologies Parties from and against all losses, damages, penalties, liability and costs, including reasonable legal fees, of any kind or nature related to any claim against a Point Technologies Party related to: (a) Customer Content or Submitted Content; (b) your breach of this Agreement or any laws; or (c) your use of our Services or any Third-Party Services (including your breach of terms for any Third-Party Services).

30. If you breach this Agreement or violate our rights or another person’s rights, we may ask a court to stop you; if we bring a claim against you, you will reimburse us for our reasonable legal fees for that claim.

31. If you have any kind of Dispute with us, the exclusive means of resolving it will be by confidential, binding arbitration before a single arbitrator chosen by you and Point Technologies. You will give notice of your Dispute to us in writing. If we do not decide together on an arbitrator within 15 days after we receive that notice, we both agree to ask the relevant authority in Vietnam to appoint one for us. The arbitrator will have the right to decide how the costs should be divided between us. The arbitrator will have the right to accept whatever kind of evidence they think is appropriate and will have the right to make whatever award they consider fair and equitable, based on legal and equitable principles, including giving an order such as an injunction (to stop one of us from doing something) or an order that you or we pay damages to the other.

32. Any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

33. Amendment. We may change any part of this Agreement (including any terms or documents incorporated by reference in this Agreement) at any time by posting the revised terms on the Point Technologies website, and your use of the Services after the effective date of the updated Agreement or other terms constitutes your agreement to the updated Agreement or other terms, as applicable. It is important for you to review this Agreement before using our Services and from time to time. The updated Agreement will be effective as of the time of posting, or on such later date as may be specified in the updated Agreement, and will apply to your use of the Services from that point forward.

34. Assignment. You may not assign your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity.

35. Severability. If a court finds part of this Agreement to be invalid, the rest will continue to apply with the minimum changes required to remove the invalid part.

36. Force Majeure. We will not be liable to you or any third party for any failure to perform our obligations under this Agreement if that failure results from any cause beyond our control, such as the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks or other acts of hackers; Internet or network failures or interruptions; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts or labor disruptions; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.

37. Remedies. If we fail to enforce this Agreement, we are not waiving our right to do so. Any remedies we have under this Agreement are not exclusive of any other remedies we may have under this Agreement, at law or otherwise.

38. Notices to You. Point Technologies may give notice to you by placing a banner notice on the Point Technologies dashboard or website. We may also contact you or your Authorized Users through your account or contact information you provide, such as email or telephone. If you fail to maintain accurate account information, such as contact information, you may not receive critical information about our Services or this Agreement.

39. Notices to Point Technologies. For any notice to us that you give under or regarding this Agreement, you must notify us by email jin@mypoint.ai.

40. Entire Agreement. This Agreement, including the other documents referred to as applicable to the Services in this Agreement, is the entire agreement between you and Point Technologies for your use of our Services. Any prior understandings, statements or and agreements (oral or written) do not apply, including additional terms that you may present (such as terms in a unilateral notice from you to us or printed on a purchase order or any other document generated by you). This Agreement is binding on the parties and their permitted successors and assigns.