Terms of service

1.1. Your access to and use of the Services is conditioned on your acceptance and compliance with this Agreement. This Agreement applies to all users who access or use the Services.

1.2. By accessing or using the Services, you represent that you are at least 13 years of age, and that you have the cognizant mental capacity to enter into this Agreement. If you do not meet these requirements, you must not access, or use our Services.

1.3. We reserve the right to modify this Agreement from time to time without notice. Updated versions of this Agreement will be posted on the Services with a new "last updated" date. You are responsible for checking for updates to this Agreement. Your continued access or use of our Services constitutes your acceptance of any changes.

1.4. We may use third-party Service Providers to monitor and analyze the use of our Service.

2.1. Subject to your ongoing compliance with this Agreement, Pointer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use the Services
• Install and use our SDK in your applications
• Access and use our APIs
• Create and manage user assistance content through our platform

2.2. You agree not to access or use the Services for any illegal, harmful, fraudulent, infringing, obscene, or otherwise generally objectionable activities. Prohibited conduct includes, but is not limited to:

• uploading, posting, transmitting, sharing, storing, or otherwise making available any content that is unlawful, defamatory, infringing, obscene, or invasive of privacy or publicity rights;
• using the Services in any manner that could interfere with, damage, disable, overburden, or impair the functionality of the Services;
• attempting to gain unauthorized access to the Services or circumvent any access controls;
• using the Services to transmit any viruses, malware, or other malicious code;
• reverse engineering, decompiling, or disassembling any part of the Services;
• creating derivative works based on the Services without our express permission;
• using the Services to collect or harvest personal information about other users without their consent.

3.1. Through your use of our Services, we collect and store:

• Aggregated analytics data about feature usage and user behavior
• Support conversation history and messages for customer analytics purposes
• Configuration settings for the Services
• Customer feedback and ratings

3.2. We do not store or process end-user personal data beyond what is strictly necessary for providing analytics to our customers. Any user interaction data is anonymized and aggregated. We do not:

• Store personally identifiable information about your users
• Retain raw user interaction data
• Track individual user behavior across sessions
• Share or sell any user data

3.3. All data processing occurs in real-time, and we only retain aggregated analytics data that helps customers improve their product experience. You maintain full control over your users' data and how it's handled within your application.

3.4. You retain all rights to your application data. By using our Services, you grant us a license to collect, process, and store such data as necessary to provide the Services and analytics.

4.1. The Services, which include all software, data, content, updates, and documentation made available to you through the Services, and all intellectual property rights in the foregoing, are and will remain the property of Pointer and its licensors.

4.2. All trademarks, service marks, trade names, logos, and other indicia of origin displayed in connection with the Services are the registered and unregistered trademarks of Pointer or its licensors. Nothing in this Agreement conveys to you any interest or license in any such mark, except the limited use rights expressly granted in Section 2.1.

4.3. Any feedback, comments, suggestions, enhancement requests, recommendations, error reports, or other information provided by you relating to the Services will be the sole and exclusive property of Pointer. You hereby irrevocably assign all such feedback to Pointer and agree to provide Pointer with any assistance required to document and implement such assignments. Notification to us, therefore constitutes you willingly revoking your rights to such content.

4.4. The "Powered by Pointer" watermark displayed within the Services is a key element of our brand identity and user experience.

4.5. For all non-enterprise subscription plans, you must maintain and display the "Powered by Pointer" watermark within your implementation of the Services. Removing or attempting to obscure this watermark constitutes a violation of these Terms of Service.

4.6. Only Enterprise plan subscribers who have explicitly been granted a white-label solution may remove the "Powered by Pointer" watermark. This right is exclusive to qualifying enterprise accounts and does not extend to other subscription tiers.

4.7. Unauthorized removal or modification of the watermark may result in:

• Immediate suspension or termination of your account
• Requirement to reinstate the watermark
• Retroactive billing at enterprise plan rates

4.8. This watermark requirement is in addition to, and does not replace, any other provisions contained within this Agreement.

5.1. Our SDK and APIs are provided as part of the Services. When using these:

• You must follow our implementation guidelines and documentation
• You may not share your API keys or credentials
• You must implement appropriate security measures in your applications
• You may not exceed any rate limits we establish
• You must keep the SDK updated to the latest stable version

5.2. We reserve the right to:

• Modify the SDK or APIs at any time
• Deprecate features with reasonable notice
• Monitor usage for security and compliance
• Suspend access for violations of these terms

5.3. You must strictly adhere to the documented customization options for the widget/SDK. Any modifications, alterations, or customizations not explicitly outlined in our official documentation are prohibited. This includes but is not limited to:

• Attempting to modify the core functionality
• Altering the widget's appearance beyond documented styling options
• Injecting custom code or scripts
• Reverse engineering the widget/SDK structure

Violations of these restrictions may result in immediate suspension of your access to the Services.

6.1. Certain aspects of the Services may require payment of fees on a subscription basis ("Subscription(s)") which is recurring ("Billing Cycle(s)") through Stripe, Inc. ("Stripe"), our payment processor. Therefore, you are also bound by Stripe's terms of service, wherever applicable. If fees apply for any Services or features you choose to use, those fees will be disclosed prior to your use of such Services or features. Your subscription shall renew automatically under the prevailing conditions unless you cancel your subscription. All prices are listed in United States dollars, excluding any applicable sales taxes, in accordance with the appropriate local laws and provisions thereto, and any other fees that may be associated with Stripe.

6.2. You authorize Pointer & Stripe to charge you for the applicable fees using your selected payment method. You are required to promptly update your account information with any changes that may occur (for example, a change in your billing address or credit card expiration date) to ensure the proper rendering of Services.

6.3. No fees paid for the Services are refundable. We will pro-rate refunds or credits for any partial use of the Services, upgrades or downgrades, or non-usage due to suspension or termination of your account. The only exception occurs in cases where Pointer is obligated to refund you by law.

6.4. Pointer, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

7.1. The Services may allow you to submit, upload, post, display, transmit, or otherwise communicate content, messages, materials, data, information, or other items ("User Content"). You are solely responsible for your User Content. We are not responsible for damages incurring from your content. However, we do reserve the right to moderate content to maintain the general well being of Pointer.

7.2. You hereby grant us an irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, non-transferable, and non-sublicensable right to use, copy, display, store, adapt, publicly perform, distribute, modify, translate, excerpt (in whole or in part), and create derivative works from your User Content, in all media formats and channels now known or later developed, for any purpose in connection with operating and providing the Services. However, you still retain full ownership over your content in terms of assigning credit as such; thus you are responsible for protecting your rights to such an end.

7.3. When creating support content through our platform, you represent and warrant that:

• you own or have the necessary rights and permissions to use the User Content, and to grant the rights and licenses in this Section 7;
• the User Content, and your submission, posting, transmission, or other making available of such User Content, does not and will not violate, misappropriate, or infringe any rights of any third party.

8.1. Our processing of personal data is governed by our Privacy Policy, which is incorporated by reference into these Terms.

8.2. You agree to:

• Provide appropriate privacy notices to your users
• Obtain necessary consents for data collection
• Comply with applicable data protection laws
• Implement reasonable security measures
• Notify us of any data breaches involving the Services

9.1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. POINTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2. POINTER MAKES NO REPRESENTATIONS OR WARRANTIES:

• THAT THE SERVICES WILL MEET YOUR REQUIREMENTS;
• THAT THE OPERATION OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE;
• REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION OBTAINED FROM THE SERVICES;
• OR, THAT ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ANY SERVICE, REPAIR OR CORRECTION THAT MAY BE NECESSARY DUE TO YOUR USE OF THE SERVICES.

9.3. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10.1. You agree to defend, indemnify, and hold harmless Pointer, its affiliates, directors, officers, employees, contractors, agents, suppliers, service providers, and licensors from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) that arise from or relate to:

• your use of the Services;
• any User Content;
• your violation of this Agreement;
• or, your violation of any applicable law, regulation, or rights of any third party. Pointer reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with Pointer in such defenses.

11.1. We reserve the right to modify, suspend, or terminate your access to or use of the Services at any time, with or without cause, and with or without notice. You may terminate this Agreement at any time by ceasing all use of the Services.

11.2. Upon any suspension or termination, your right to use the Services will immediately cease. We will not be liable for any costs, damages, or losses of any kind resulting from any termination or suspension of your access to the Services.

11.3. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12.1. The Services, including all content and functionality made available therein, contain proprietary information that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws.

12.2. You may not copy, distribute, modify or make derivative works based on the Services without our prior written consent. Any unauthorized use or misuse of the Services is strictly prohibited and may subject you to relevant civil and criminal penalties.

12.3. Pointer aggressively enforces its intellectual property rights. If we reasonably believe our copyrights, trademarks, or other rights have been violated, we will pursue all legal remedies available to us, including seeking civil damages and injunctive relief. We reserve the right to report any suspected illegal activity to appropriate law enforcement agencies.

13.1. If you are granted early access to test early versions of the Services ("Early Tester"), you acknowledge that early versions may contain bugs, errors, or other issues. Your participation as an Early Tester is greatly appreciated to help us improve the Services, but is strictly voluntary and at your own risk.

13.2 All versions of the Services provided for early testing are confidential information of Pointer. As an Early Tester, you agree not to disclose any details regarding the early Services or your early testing experience without our prior written consent.

14.1. No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

14.2. These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

14.3. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15.1. This Agreement constitutes the entire agreement between you and Pointer regarding the subject matter hereof and supersedes any and all prior agreements.

15.2. This Agreement shall be governed under Delaware law, excluding its body of law relating to conflicts of law.

15.3. Our failure to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of those rights or provisions. If any provision of this Agreement is determined to be invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

15.4. This Agreement does not confer any third-party beneficiary rights or remedies.

15.5. We may assign our rights and obligations under this Agreement at our sole discretion. You may not assign yours without our express prior written consent.

15.6. Any notices from you to Pointer must be sent to team@pointer.so and will be deemed received upon our acknowledgement of receipt. Notices from Pointer to you may be sent via email or through any messaging capabilities within the Services.

16.1. By creating an Account, you agree to receive communications from us regarding the Services. However, you may opt out of receiving marketing communications by following the unsubscribe link or emailing us.

16.2. We may use third-party Service Providers to monitor and analyze the use of our Services, including but not limited to:

• Google Analytics
• PostHog

16.3. You acknowledge that these third-party services have their own Terms of Service and Privacy Policies, and we encourage you to read them.

17.1. By entering into this Agreement, you grant us the non-exclusive, royalty-free right to use your logo for the sole purpose of promoting and referencing you as a customer.

17.2. We may use your logo on our website, marketing materials, case studies, and other promotional content. We agree to use your logo professionally and in accordance with any brand guidelines you provide.

17.3. This logo usage right is non-transferable and shall remain in effect for the duration of the Agreement unless terminated by either party in writing.

18.1. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

19.1. Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent such failures or delays are proximately caused by circumstances beyond that party's reasonable control.

19.2. The affected party shall promptly notify the other party of the circumstance and shall use reasonable efforts to resume performance as soon as possible.

20.1. The Services, including any software, documentation, and technical data, may be subject to U.S. export control laws and regulations, including the Export Administration Regulations ("EAR") and sanctions regulations administered by the Office of Foreign Assets Control ("OFAC").

20.2. You agree to comply with all applicable export control laws and regulations, including not accessing or using the Services if you are in a country or region subject to U.S. economic sanctions, not providing access to the Services to any individual or entity prohibited from receiving U.S. exports, not using the Services for any prohibited end use under export control laws, and obtaining any required licenses or authorizations before transferring or exporting the Services.

20.3. You represent and warrant that you are not located in, or a resident or national of, any country subject to U.S. trade sanctions or embargoes, listed on any U.S. government prohibited or restricted party lists, or using the Services for any prohibited end use under export control laws.

21.1. We strive to maintain 99.9% uptime for the Services, measured monthly. Scheduled maintenance windows will be announced at least 48 hours in advance, though emergency maintenance may occur without notice when necessary.

21.2. For paid plans, service credits will be issued for downtime exceeding our SLA according to the following schedule:

• 99.0% - 99.9% uptime: 5% service credit
• 95.0% - 98.9% uptime: 10% service credit
• Below 95.0% uptime: 25% service credit

21.3. The following events do not count as downtime: scheduled maintenance windows, force majeure events, issues caused by your applications or configurations, and third-party service outages beyond our control.

22.1. You may terminate your account at any time through the Services interface or by contacting us. We may terminate or suspend your account as outlined in Section 11. Upon termination, you must cease all use of the Services, and you remain responsible for all fees incurred before termination.

22.2. Following account termination, your data will be retained for 30 days to allow for potential account reactivation. After 30 days, your data will be permanently deleted from our active systems. Backups containing your data may be retained for up to 90 days. You may request immediate data deletion by contacting us. We may retain certain data as required by law or for legitimate business purposes.

22.3. Following termination of this Agreement, you must delete or destroy any cached or stored copies of the Services, remove all integrations of our SDK from your applications, maintain confidentiality obligations which survive termination, and pay any outstanding fees which become immediately due.

23.1. From time to time, we may update these Terms and Conditions to clarify our practices or to reflect new or different practices (such as when we add new features or services), and Pointer reserves the right in its sole discretion to modify and/or make changes to these Terms and Conditions or any other policies at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account. Modifications will become effective on the day they are communicated unless stated otherwise. Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms and Conditions shall supersede all previous Terms and Conditions.