Terms and Conditions

Last updated: August 01, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Supper & Supper GmbH, Kleine Alexanderstr. 9-12, 10178, Berlin.
  • Content refers to content such as point cloud data, text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Country refers to Germany (and where applicable, the city of Berlin in Germany).
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Orders mean a request by You to purchase Services from Us.
  • Promotions refer to contests, sweepstakes, rebates, price reductions or other promotions that may be offered from time to time through the Service.
  • Service(s) refers to the Website and the functionalities made available through the SaaS platform Pointly, including without limitation access to specific features, point cloud storage and point balances for uploads. It refers to the functionalities of free Accounts as well as Accounts with paid access (professional Accounts).
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to the website of Pointly under https://pointly.ai/, as well as all corresponding sub domains, including https://app.pointly.ai/.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Services

By placing an Order for Services, You warrant that You are legally capable of entering into binding contracts. A legally binding contract will be entered into by You and Us if you place an Order for Services in written form and You receive an invoice from Us for such Order or if You accept an offer by Us in written form.

The execution of the contract starts with the application of Your ordered Services on Your account. These Services will be applied to Your account as soon as possible once the corresponding payment has been made by You and successfully processed by Us.

By placing an Order for digital Services, you agree that we immediately provide such Services to You as soon as you complete Your purchase.  By completing a purchase for such Services, you accept that Your right of revocation expires with the beginning of the execution of the contract and expressly waive your right to withdraw from this purchase. This waiver includes the 14-day right of revocation specified in § 355 BGB (German civil code).

Your Information

If You wish to place an Order for Services, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your Company and Your billing address.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. You also grant us the right to collect, use and disclose of Your personal information as set forth in Our Privacy Policy.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Errors in the description or prices for Services, or
  • Errors in Your Order.

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Orders for Services cannot be cancelled once the Services have been applied to Your account(s).  If ordered Services have not been applied to Your Account(s), you may contact us at support@pointly.ai.

In case of a cancellation, we will reimburse You no later than 14 days from the day on which the cancellation is confirmed by Us and therefore becomes effective. We will use the same means of payment as You used for the Order, and You will not incur any fees from Us for such reimbursement. You remain fully responsible for any additional fees and expenses that may be imposed by Your chosen means of payment as a result of any reimbursements.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Services. The Services available on Pointly may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Services on Pointly and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Services purchased are subject to a one-time payment. Payment can be made through bank transaction only using the information specified on the invoice for the Services. Payments must be conducted in Euro and cover the full amount as specified on the invoice. Any transaction or exchange fees must be covered by You.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not sell or otherwise transfer Your Account.

Content

Your Right to Upload Content

Our Service allows You to upload and store a defined amount of Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

Free Accounts are subject to various limitations in the functionalities of Pointly, such as the maximum size of uploaded Content, available storage and other functionalities such as exporting.  These limitations may be revised by Us in Our sole discretion from time to time, and access to free Accounts may be limited or removed.  Although We will try to communicate any material changes to You in advance, We are under no obligation to do so.

Professional Accounts have no limitations in the basic functionalities of Pointly, although they may be subject to certain limitations (for example, maximum storage size) depending on the selected Account type. Limitations for uploads for professional Accounts are defined by upload balances in MPoints (MegaPoints / Million Points) that can be increased by ordering additional upload packages.

You can test if your Content is compatible with our Services by creating a free Account and uploading Content to it. Regardless of your account type, You accept that there is no guarantee that the Content You upload will be compatible with our Services.  In the event that You have purchased Services and your Content is not compatible with such Services, You may contact Us at support@pointly.ai and We will determine the appropriate next steps with respect to Your purchase.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and licenses as provided in these Terms, and (ii) the upload of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Licenses

For all Content You upload to Our Services, You grant Us a license to (i) translate, modify and reproduce the Content for technical purposes, for example to make sure that it is available, viewable and editable in Pointly and the Services, and (ii) to log actions, collect metrics and investigate the Content to further optimize Our Services. This might include but is not limited to error handling, investigations for support purposes and enhancing the functionalities of Pointly. This license is valid (i) as long as the Content is available to You in the Services or (ii) so long as the Content has not been entirely deleted from Our servers. The irreversible deletion from Our servers is conducted automatically within 30 days after Content was deleted through the user interface or within 30 days after You requested the deletion of Your Account and we successfully executed this request.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether any Content is appropriate and complies with this Terms, and refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post Content that the Company deems, in its sole discretion, to be objectionable.

You are not allowed to bypass, disable, or otherwise interfere with security-related features of the Website and the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service or the Content contained therein. You agree not to engage in any automated use of the Service, such as using scripts, sending automated messages, or performing data mining operations. You may not frame or link to the Services in any unintended or unauthorized ways. You agree that You will not try to reverse engineer, decompile, or decipher any of the Services and underlying features such as algorithms. If the Company suspects or determines in its sole discretion that any of the foregoing activities have occurred or may be occurring or could occur, We reserve the right to take all actions necessary to prevent such occurrences, including limiting access to use of the Services and freezing or terminating the relevant Account(s).

As the Company cannot control all Content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or Content that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. You acknowledge, however, that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state and that there is no guarantee that the Company will be successful in recovering all or any portion of Content that has been lost or corrupted.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property of any person.

If You are a copyright or other intellectual property owner, or authorized on behalf of one, and You believe that an infringement of Your copyright or other intellectual property is taking place through the Service, You must submit Your notice in writing to Us via email at support@pointly.ai and include in Your notice a detailed description of the alleged infringement.

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

The Company reserves the right to seek damages (including costs and attorneys’ fees) from You for any Content that you have uploaded or use of the Services which is found to have infringed the copyright or other intellectual property of another Person.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. By using the Service, You agree that You will not try to reverse engineer, decompile or decipher any of the Website and Services including underlying features such as algorithms.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, please contact Us at support@pointly.ai.

Limitation of Liability

We always try to ensure that the Services of Pointly are available without interruptions and error free. Due to the nature of the Internet and the delivery of software as a service over the Internet, this, however, cannot be guaranteed. Your access to our Website may occasionally be interrupted or restricted to allow for repairs, maintenance or the introduction of new Services, or due to situations beyond Our control. While we try to limit the frequency and duration of any temporary interruption or limitation, there is no guarantee that our Services will be available to You at all times, and You acknowledge that the Company has no liability related to the unavailability of Services

While using Our Website and Services We accept liability for damage caused intentionally or by gross negligence by Us or through Our legal representatives, employees or vicarious agent. In cases of slightly negligent breach of contractual obligations We shall not be liable. Moreover, the liability for damages caused by carelessness is limited to those that can be expected to arise typically. The liability to the direct average damage is limited.

The foregoing limitations will not apply to damages arising from injury to life, body or health, and for other damages based on malice. Where Our liability is excluded or limited, this also applies to the personal liability of Our employees, representatives and vicarious agents.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Applicable Law and Disputes Resolution

German law is applicable for the business relation between You and Us and shall govern this Terms and Your use of the Services.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. You hereby agree and We agree to submit to the exclusive jurisdiction of the courts of Berlin, Germany, to resolve any dispute, claim or legal proceeding arising in connection with this Agreement.

Severability and Waiver

Severability

If any provision of these Terms 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.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

You can find the most recent version of these terms and conditions at the following website: http://pointly.ai/terms-and-conditions/

Herewith we also refer to the applicable Privacy Policy at the following website: https://pointly.ai/privacy-policy/

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact Us by email: support@pointly.ai