Terms of Service
Pointscene Terms of Service
By using or accessing the Pointscene.com website or any services provided on or through such website, or any other services of Pointscene Ltd (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). A description of the Service and information on system requirements are available on the website Pointscene.com.
The Service is made available by Pointscene Ltd (“Pointscene”), a company registered in Finland, with post address Lapinlahdenkatu 16, FI-00180 Helsinki, Finland and business ID 2620376-2. Should you have any questions, you may contact us at email@example.com.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the Service through your account to these Terms, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the service. If you register as a private person, you confirm that you are at least 13 years old and have the legal capacity to accept and be bound by these Terms and/or have obtained your legal guardian’s consent where necessary.
If Pointscene makes material changes to these Terms or changes that have an adverse effect on your rights hereunder, we will notify you by email to the email address that is registered with your account or by posting a notice on our site before the changes are effective. Continued use of the Service after any such changes shall constitute your consent to such changes.
I. Using the Service
- You can become a registered user of the Service by creating a user account in the Service.
- As part of the registration process, you must provide your name, a valid email address, and valid payment information and any other information requested in order to complete the signup process.
- You are liable for keeping your user name and password used for registering to the Service confidential. You are responsible for all use of your user account and all content posted under your account.
- Your account may only be used by one person – a single account shared by multiple people is not permitted. You may create separate accounts for as many people as your plan allows.
- You must be 13 years or older to use this Service. Any access to or use of the Service by anyone under 13 is expressly prohibited.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any applicable laws and regulations (including but not limited to privacy and export control laws) or any rights of any person or entity.
- You hereby acknowledge and agree that Pointscene shall have no liability whatsoever in connection with or arising from your use of the Service.
- You are responsible for obtaining the equipment, connections and software required for using the Service.
- Pointscene disclaims any responsibility for the backup and/or retention of any Content (as defined below) transmitted to the Service.
- Support for the Service is only available in English, via email.
- You understand that Pointscene uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Pointscene customer or representative is forbidden and will result in immediate account termination. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature. You agree not to reverse engineer, hack or decompile the Service and not access the Service through any means not explicitly authorized by Pointscene from time to time.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted.
II. API Terms
We may provide access to Pointscene account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Pointscene, is bound by these Terms plus the following specific terms:
- You expressly understand and agree that Pointscene shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Pointscene has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Pointscene, in its sole discretion, will determine abuse or excessive usage of the API. Pointscene will make a reasonable attempt via email to warn the account owner prior to suspension.
- Pointscene may at any time limit the number of calls accepted by the API. Abuse or excessively frequent requests to Pointscene via the API may result in the temporary or permanent suspension of your account’s access to the API.
- You may not use the API to replicate or compete with the Service or Pointscene.
- Pointscene owns all rights, title, and interest, including all intellectual property rights, in and to, the API and the Service. You shall not attempt to reverse engineer the API.
- Pointscene reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice. Upon the discontinuation of your access to the API, all rights and licenses granted to you under these API terms shall terminate immediately and you will promptly destroy any information that was received by you by using the API.
III. Payment, Refunds, Upgrading and Downgrading Terms
- The fees applicable to using the Service are made available at the Pointscene.com website or quoted in a separate pricing proposal. Fees may vary in different territories and for different customers and plans. Pointscene may also offer free of charge plans.
- By purchasing a plan to the Service, you authorize Pointscene to charge from you a monthly or yearly fee indicated on the Pointscene.com website through automatically billing your credit card or by other means described on the Pointscene website.
- Plans will be automatically renewed unless terminated before the next billing date. If you terminate your plan, the termination will take effect on the day after the last day of the current billing period.
- The fees are non-refundable and Pointscene will not refund any subscription fees already paid by you. There will be no refunds or credits for partial billing periods, upgrade/downgrade refunds, or refunds for unused billing periods.
- When changing from a monthly billing cycle to a yearly billing cycle, Pointscene will bill for a full year at the next monthly billing date.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- For any upgrade or downgrade in plans, you will be charged the new rate in connection with the billing of your next billing period.
- Downgrading your Service may cause the loss of content, features, or capacity of your account. Pointscene does not accept any liability for such loss.
- By registering an account with the Service and purchasing a plan thereto, you give your consent to the immediate digital delivery of the Service to you by Pointscene. You acknowledge that upon being granted access to the Service you lose any possible rights as a consumer to withdraw from the Agreement and therefore your purchase of a plan to the Service cannot be withdrawn by you.
IV. Term and Termination
- This Agreement will remain in full force and effect while you use the Service either as an unregistered or registered user.
- You can terminate your paid plan at any time by sending us an email at firstname.lastname@example.org, whereupon you will continue to have access to any paid part of the Service until the end of your billing period (if any).
- ALL OF YOUR NON-PUBLIC CONTENT (AS DEFINED BELOW) WILL BE IMMEDIATELY DELETED FROM THE SERVICE UPON TERMINATION OF YOUR PAID PLAN. THIS CONTENT CANNOT BE RECOVERED ONCE YOUR PAID PLAN HAS BEEN TERMINATED.
- Pointscene, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your user account or your access to your account. Pointscene reserves the right to refuse service to anyone for any reason at any time.
- Provisions of this Agreement intended to survive the termination or expiry of this Agreement shall do so.
V. Modifications to the Service and Prices
- Pointscene reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. For clarity, any new features to the current Service, including the release of new tools and resources, shall be subject to these Terms.
- You acknowledge that the Service may also be temporarily unavailable for maintenance or other reasons.
- Prices of the Service and all plans, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ prior notice from us. By continuing to use the Service after such price change, you accept the amended fees.
- Pointscene shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.
VI. Copyright and Content Ownership
- You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Service solely for your internal purposes as set out herein.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Pointscene. You may not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Pointscene.
- We claim no intellectual property rights over the material you provide to the Service (“Content”). Your profile and materials uploaded remain yours.
- By posting Content to the Service, you automatically grant, and you represent and warrant that you have obtained all rights and consents to grant, to Pointscene an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses of the foregoing. Such license granted to Pointscene shall be subject to the publicity settings you choose for your Content in the Service, i.e. non-public Content shall not be made publicly available by Pointscene.
- You are solely responsible for all the Content that you publish or display on the Service, or transmit to other users. You agree not to upload or otherwise submit to the Service any defamatory, abusive, obscene, offensive, sexually oriented, threatening, harassing, or illegal material. Pointscene does not pre-screen or monitor Content, but Pointscene has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
- In case the Content you upload to the Service contains any personal data of third parties, you act as data controller of such personal data in relation to Pointscene.
- You shall defend Pointscene against any claim, demand, suit or proceeding made or brought against Pointscene by a third-party alleging that your Content, or your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Pointscene for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Pointscene in connection with any such claim, demand, suit or proceeding; provided, that Pointscene (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Pointscene of all liability); and (c) provides to you all reasonable assistance, at Your expense.
VII. Limitation of Liability and General Conditions
- Your use of the service is at your sole risk. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POINTSCENE MAKES NO WARRANTY, EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, AVAILABILITY, ACCURACY OR NON-INFRINGEMENT. Pointscene does not warrant that the Service will be uninterrupted, timely, secure, or error-free or that any errors in the Service will be corrected.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POINTSCENE OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR GOODWILL ARISING OUT OF THE USE OF THE SERVICE, WHETHER OR NOT POINTSCENE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding anything to the contrary contained herein, Pointscene’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Pointscene for the right to use the Service.
- The Sections above do not limit your statutory rights as a EU consumer to claim remedies or damages for defects in products you have purchased from us under any applicable mandatory consumer protection laws or any liability that, by law, cannot be limited or restricted.
- Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein.
- The failure of Pointscene to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and Pointscene and govern your use of the Service, superseding any prior agreements between you and Pointscene (including, but not limited to, any prior versions of the Terms).
- If any portion of these Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of the Terms, which shall continue to be in full force and effect.
- These Terms, and any rights and obligations hereunder, are not assignable, transferable or sublicensable by you. Pointscene has the right to assign these Terms to one or more affiliates or to one or more successors or affiliates in connection with a restructuring, reorganization, merger, acquisition, asset sale or other change of control or in case of insolvency, bankruptcy or receivership.
- This Agreement shall be governed by and shall be construed in accordance with the laws of Finland, excluding its choice of law provisions, unless otherwise stipulated by mandatory consumer protection laws.
- All claims and disputes arising from this Agreement or otherwise arising between you and Pointscene shall be resolved or settled exclusively by a court located in Helsinki, Finland, unless otherwise stipulated by mandatory consumer protection laws. As a Finnish consumer, you may always refer a dispute to the Finnish Consumer Disputes Board (please see kuluttajariita.fi for instructions). Consumers located in the EU, please see https://webgate.ec.europa.eu/odr for information on online dispute resolution provided by the European Commission.