Terms of Service
Last updated 2017-12-15
We run a developer tool as a service called pointed.io and would love for you to use it. Pointed offers free trials and paid plans for mock api server hosting, as well as other ancillary tools. Our service is designed to give you as much control and ownership over what happens with your mock servers as possible and encourage you to express yourself freely. However, be responsible in what you publish to Pointed. In particular, make sure that none of the prohibited items appear on your mock servers and your usage is consistent with our usage rules.
Terms of Service:
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Pointed, acceptance is expressly limited to these Terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older. Use of our Services requires a Pointed account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Description. Pointed is a subscription-based developer tool service for hosted mock servers and other ancillary tools like the Pointed Proxy browser extension.
Your Pointed Account. If you create an account on pointed.io, you are responsible for maintaining the security of your account and its mock servers, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify Pointed of any unauthorized uses of your mock servers, your account, or any other breaches of security. Pointed will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
License. By using Pointed, you grant us access to your mock server definitions for the purpose of backing up and securing them. These Terms don't give us any rights in your mock server definitions such as your mock data, beyond those we need to operate Pointed. You own your mock servers and the data they contain.
- Prohibited Uses. When using Pointed, you agree not to:
- Engage in activity that is illegal under applicable law.
- Overburden Pointed’s systems, as determined by us in our sole discretion.
- Disclose the sensitive personal information of others.
- Send spam or bulk unsolicited messages.
- Interfere with, disrupt, or attack any service or network.
- Distribute material that is or enables malware, spyware, adware, or other malicious code.
Rate limiting. Pointed mock servers are subject to rate limiting, as determined by us in our sole discretion
Payment, Renewal and Refunds. Pointed offers different levels of service. By signing up for a particular level of service, you agree to pay Pointed the applicable subscription fees. Unless you notify us before the end of your subscription period that you no longer wish to subscribe, your subscription will renew automatically. If we change pricing for a service to which you're subscribed, we will notify you before your subscription is set to renew. You authorize us to charge any then-applicable fees to your credit card or other payment method we have on file for you. We offer refunds up to thirty (30) days after payment. Payment failures will result in the cancellation of your Pointed subscription.
- Cancellation. You may cancel your subscription.
2. Responsibility of Mock Server Consumers.
Pointed has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Pointed does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pointed disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Pointed links, and that link to Pointed. Pointed does not have any control over those non-Pointed websites, and is not responsible for their contents or their use. By linking to a non-Pointed website, Pointed does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pointed disclaims any responsibility for any harm resulting from your use of non-Pointed websites and webpages.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Pointed may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pointed account (if you have one), you may simply discontinue using our Services and/or cancel your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. Disclaimer of Warranties.
Our Services are provided "as is." Pointed and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pointed nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
7. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
8. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Eugene, Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
9. Limitation of Liability.
In no event will Pointed, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pointed under this Agreement during the twelve (12) month period prior to the cause of action. Pointed shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty.
11. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Pointed reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Pointed, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Pointed and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pointed, or by the posting by Pointed of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pointed may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Credit to the Wordpress Terms of Service upon which this is based.