END-USER LICENCE AGREEMENT
Last updated on 20th April 2016
This end-user licence agreement (EULA or licence) is a legal agreement between you (End-user
or you) and Pomo Search Limited, trading as Pointy,
an incorporated and registered company in the Republic of Ireland with a
company registration number of 538318 whose registered office is located at
2nd Floor, Ferris House, Constitution Hill, Drogheda, Co. Louth, Ireland (Licensor, us or we).
We licence the use of the Pointy mobile application (App) (also referred to as the Service, as more accurately
described below in clause 1.1 below) to you on the basis of this EULA and subject to any rules or policies applied
by any app store provider or operator. We are not selling the Service to you. We retain complete ownership of the
Service, and all data generated by your use of the Service, at all times.
- By downloading the App you agree to the terms of the EULA which will bind you.
- If you do not agree to the terms of this EULA you must stop the download process and not use the App.
You should save a copy of this EULA for future reference.
- Services include the App together with software, programs, content, database, documentation, tools,
internet-based services, components, and any updates (including software maintenance, service information, help
content, bug fixes or maintenance releases) thereto. You will be entitled to download updates to the Services,
subject to any additional terms made known to you at that time, when we make these updates available.
The terms of this EULA apply to the Service, including any updates or supplements to the Service, unless said
updates or supplements come with separate terms, in which case those terms may apply. If any open-source
software is included in the Service, the terms of an open-source licence may override some of the terms of this
We may change the terms of this EULA from time to time due to changes in our Service and the laws that apply to
us and you. We will date the most current version of the EULA. If we make any changes, we will notify you by
revising the "Last Updated" date at the top of the most up-to-date EULA. Any changes will be effective upon
posting the revised version of the EULA (or such later effective date as may be indicated at the top of the
If we do update the terms of this EULA and you do not agree to the updated terms, you shall be free to decide
whether to accept the terms or stop using the Services. Your continued access or use of any portion of the
Service constitutes your acceptance of such changes. If you don't agree to any of the changes you should
immediately stop using the Services and delete the App from your devices.
Additionally, by using the Service, you acknowledge and agree that internet transmissions are never completely
private or secure. You understand that any message or information you send using the Service may be read or
intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- By using the Services, you consent to us collecting, using, processing and transmitting any and all information
and data generated by your use of the Service. All information and data generated by your use of the Service is
owned and controlled absolutely by us.
- You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that
are controlled, but not owned, by you, and to download or stream a copy of the App onto the devices. You and
they may be charged by your and their service providers for internet access on the devices. You accept
responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation
to any device, whether or not it is owned by you.
- The Service may contain links to other independent third-party websites, services or applications (Third-party
Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their
content or their privacy policies (if any). You will need to make your own independent judgement regarding your
interaction with any Third-party Sites, including the purchase and use of any products or services accessible
- Any words following the terms including, include, in particular or for example or
any similar phrase in this EULA will be construed as illustrative and shall not limit the generality of the
related general words.
- GRANT AND SCOPE OF LICENCE
In consideration of you agreeing to abide by the terms of this EULA, we grant you a limited, non-transferable,
non-exclusive and revocable licence to use the Service, subject to the terms of this EULA and the General Privacy
Policy. We reserve all other rights.
- LICENCE RESTRICTIONS
- Except as expressly set out in this
EULA you agree:
together Licence Restrictions.
not to copy the Service or
any part of the Service except where such copying is
incidental to normal use of the Service;
not to rent, lease, sub-license, loan,
translate, merge, adapt, vary or modify the Services;
not to make alterations to, or modifications of,
the whole or any part of the Service, or permit the Service or any part of it
to be combined with, or become incorporated in, any other programs; and
not to disassemble, decompile, reverse-engineer
or create derivative works based on the whole or any part of the Service.
- ACCEPTABLE USE RESTRICTIONS
- You must:
not use the Service in any unlawful manner, for
any unlawful purpose, or in any manner inconsistent with this EULA, or act
fraudulently or maliciously, for example, by hacking into or inserting
malicious code, including viruses, or harmful data into
not infringe our intellectual property or patent
rights or those of any third party in relation to your use of the Service (to the extent that such use is
not licensed by this EULA);
not transmit any material that is defamatory,
offensive or otherwise objectionable in relation to your use of the Service (we retain absolute discretion
in determining whether or not an
item is defamatory, offensive or objectionable);
not use the Service in a way that could damage,
disable, overburden, impair or compromise our systems or security or interfere
with other users; and
not collect or harvest any information or data
from any Service or our systems or attempt to decipher any transmissions to or
from the servers running any Service.
- INTELLECTUAL PROPERTY AND PATENT RIGHTS
The Services are licensed and not sold to you.
We reserve all rights not expressly granted to you in this EULA. The Services
are protected by patent, copyright, trademark, trade secret and other
intellectual property laws. We own the title, copyright and other worldwide
Intellectual Property Rights (as defined below) in the Services and all copies
of the Services. This EULA does not grant you any rights to our trademarks or
For the purposes of this EULA, Intellectual
Property Rights means all patent rights, copyright rights, mask work
rights, moral rights, rights of publicity, trademark, trade dress and service
mark rights, goodwill, trade secret rights, and other intellectual property
rights as may now exist or hereafter come into existence, and all applications
therefor and registrations, renewals and extensions thereof, under the laws of
any state, country, territory or other jurisdiction.
You acknowledge that you have no right to access
the source-code in the software that forms part of the Services.
- USER CONTENT
In connection with your use of the Service, you may be able to upload information (“User Content”). You agree
that you will not upload or provide any User Content unless you have created that content yourself or you have
permission from the content owner to do so.
You grant us and our subsidiaries, affiliates, assigns and successors a worldwide, non-exclusive, irrevocable,
royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish,
prepare derivative works of, distribute, publicly perform, and publicly display your User Content throughout the
world in any media in order to provide and promote the Service and our business. You retain all rights in your
User Content, subject to the rights granted to us in this EULA.
You agree not to upload or provide User Content or otherwise post, transmit, distribute, or disseminate through
the Service any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic,
defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that
would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights
of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any
other harmful, disruptive, or destructive files; (e) advertises products or services competitive with the
Services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts
or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose us or
our affiliates to harm or liability of any nature.
Although we have no obligation to screen, edit, or monitor any User Content, we reserve the right, and have
absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without
notice to you. You understand that by using the Services, you may be exposed to User Content that is offensive,
indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including
any loss or damage to any of your User Content.
You will indemnify, defend, and hold us and our
respective employees, directors, agents, affiliates and representatives
harmless from and against any and all claims, costs, losses, damages,
judgments, tax assessments,
penalties, interest, and expenses (including without limitation reasonable
legal expenses) arising out of
or in connection with any claim, action, audit, investigation, inquiry, or
other proceeding instituted by a person or entity that arises out of or relates
to: (a) any actual or alleged breach of your representations, warranties, or
obligations set forth in this EULA (b) your wrongful or improper use of the
Services; (c) any transaction submitted by you through the Services (including
without limitation the accuracy of any User Content or product, service, or
transaction information that you provide or any claim or dispute arising out of
products or services offered or sold by you); (d) your violation of any
third-party right, including without limitation any right of privacy, publicity
rights or Intellectual Property Rights; (e) your violation of any law, rule or
regulation, and (f) any other party's access and/or use of the Services with
your unique name, password or other appropriate security code.
- LIMITED WARRANTY AND SUPPORT
The Service is made available by us on an "as
is" basis and may contain faults and errors. Use of the Service is at your own risk. Except for any warranty,
representation or term to the extent to which the same may not be excluded or
limited, we make no warranties, conditions, representations, or terms (express
or implied whether by statute, common law, custom, usage or otherwise) as to
any matter including without limitation results, non-infringement of any
party's rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose.
We do not warrant that the use of the Services
will be uninterrupted or error-free. We will operate the Services with
reasonable care and skill and will use reasonable commercial efforts to
promptly remedy any faults of which we are aware.
If within the term of
this EULA you notify us in writing of any serious defect or material
fault in the Service, we will use our endeavours to provide
technical support and attempt to rectify the error as soon as reasonably
This limited warranty does not apply:
if the defect or fault in the Service results
from you having amended the Service;
if the defect or fault in the Service results from you having used the Service in contravention of the terms
if you breach any of the Licence Restrictions or
the Acceptable Use Restrictions.
- LIMITATION OF LIABILITY
You acknowledge that the Service has not been developed to meet your
individual requirements, and that it is therefore your responsibility to ensure
that the Service meets your requirements.
- We only supply the Service for domestic and private use. You agree not to use the Service for any commercial,
business or resale purposes.
We will not in any circumstances have any
liability for any losses or damages which may be suffered by you (or any person
claiming under or through you), whether the same are suffered directly or
indirectly or are immediate or consequential, and whether the same arise in
contract, tort (including negligence) or otherwise howsoever, which fall within
any of the following categories:
special damage even if we were aware of the
circumstances in which such special damage could arise;
loss of profits;
loss of anticipated savings;
loss of business opportunity;
loss of goodwill; and
loss or corruption of data.
You agree that, in entering into this EULA, you
did not rely on any representations (whether written or oral) of any kind or of
any person other than those expressly set out in this EULA
and that you shall have no remedy in respect of such
representations and (in either case) we shall have no liability in any
The exclusions set out in this clause 9 shall apply to the fullest extent permissible
at law, but we do not exclude liability for:
death or personal injury caused by our
negligence, or the negligence of our officers, employees, contractors or
fraud or fraudulent misrepresentation;
any other liability which may not be excluded by
To the maximum extent permitted by law, our total
liability and that of our affiliates, officers, employees, agents, suppliers
or licensors, arising out of or in connection with this EULA is limited to €100
(one hundred euro).
Either party may immediately terminate this EULA for any reason.
all rights granted to you under this EULA shall
you must immediately cease all activities
authorised by this EULA, including your use of the Services;
you must immediately deactivate your
account with us;
you must immediately delete or remove the App from all devices controlled or owned by you and you must
immediately destroy all copies of the App in your possession, custody or control; and
we may remotely access the Service and cease providing you with access to the Service.
Should this EULA be terminated for any reason we will continue to retain complete ownership of all data that has
been generated by your use of the Service up to the date of termination.
- COMMUNICATION BETWEEN US
If you wish to contact us in writing, or if any
condition in this EULA requires you to give us notice in writing, you can send
this to us by e-mail at firstname.lastname@example.org.
By agreeing to be bound by this EULA, you understand that we may use your email address to send you
communications or data regarding the Service, including but not limited to (a) notices about your use of the
Service, including any notices concerning violations of use, (b) updates, and (c) where you agree, promotional
information and materials regarding our products and services, via electronic mail. For further information on
how we use your personal information and how to change your preferences, and to unsubscribe from promotional
materials (including newsletters, marketing messages and email notifications) please see our General Privacy
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform,
or delay in performance of, any of our obligations under this EULA that is caused
by any act or event beyond our reasonable control, including failure of public or
private telecommunications networks (Event Outside Our Control).
If an Event Outside Our Control takes place that affects
the performance of our obligations under this EULA:
our obligations under this EULA will be suspended and the time for performance of our obligations
will be extended for the duration of the Event Outside Our Control; and
we will use our reasonable endeavours to find a solution by which our obligations under this EULA
may be performed despite the Event Outside Our Control.
- NO PARTNERSHIP OR AGENCY
Nothing in this agreement is intended to, or
shall be deemed to, establish any partnership or joint venture between any of
the parties, constitute any party the agent of another party, or authorise any
party to make or enter into any commitments for or on behalf of any other
Each party confirms it is acting on its own
behalf and not for the benefit of any other person.
We have implemented technical and organisational
measures designed to secure your personal information from accidental loss and
from unauthorized access, use, alteration, or disclosure. However, we cannot
guarantee that unauthorised third parties will never be able to defeat those
measures or use your personal information for improper purposes. You
acknowledge that you provide your personal information at your own risk.
- ADDITIONAL TERMS FOR THE APP STORE
The following additional terms apply to you if you downloaded the App via The App Store from Apple.
Both the End-User and Licensor acknowledge and agree that:
- the EULA is concluded between the End-User and Licensor and not with Apple;
- Apple has no obligation whatsoever to furnish any maintenance and support with respect to the Services;
- Apple are not responsible for addressing any claims relating to the Services or any claims relating
to the End-User’s possession and/or use of the Services, including, but not limited to: (i) product
liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar legislation;
- Apple will not be responsible for the investigation, defence, settlement and discharge of any
intellectual property infringement claim brought by a third party; and
- Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the End-User’s
acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have
accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.
- The End-User represents and warrants that (i) he/she is not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
- POINTY REWARDS
Pointy may reward you for using the App, a “Pointy Reward”. For example, you may be receive a Pointy Reward
should you visit one of the shops on Pointy. You may also receive a Pointy Reward by using the “Invite Friends”
feature in the App. Pointy Rewards can be monetary e.g. payments of money or
non-monetary e.g. a free product. You will receive an in-app notification from us should you receive a Pointy
Reward. You can check the balance of the monetary Pointy Rewards received to date in the App.
The minimum balance at which you are permitted to request a cash-out of your Pointy Rewards is specified in the
payout section of the App. At the time of writing, the minimum balance eligible for payout is €5.00. Pointy
reserves the right to change the minimum cash-out balance at any time and without notice to you. Please
regularly consult the relevant section of the App to check the minimum cash-out balance. Cash-out payments will
be for the entirety of the balance at the time of request.
Pointy uses PayPal to process the payment of cash-outs. Upon acceptance of a valid cash-out request Pointy will
require PayPal account details / account I.D. to commence the cash-out process. Pointy will then transfer the
cash-out amount to PayPal which will process the payment to you directly.
It is your responsibility to check the terms and conditions of use for your PayPal account as it is these terms
that will apply to the processing and eventual payment of your cash-out once Pointy has transferred the amount
to PayPal. We will take all reasonable steps to avoid mistakes, however we accept no responsibility or liability
for any errors or omissions in respect of the processing of cash-out payments made by PayPal. It is your
responsibility to check for error and you should notify PayPal should there be an error.
Pointy reserves the right to amend, deny, or indefinitely withhold cash-out payments or delivery of non-monetary
Pointy Rewards in instances where there is suspicious activity or fraudulent behaviour on the part of the user,
e.g. where there is an inordinate frequency and/or highly unusual pattern of shop visits in a short space of
time. Pointy is the sole and final arbiter in relation to what is deemed suspicious or fraudulent behaviour on
the part of the user.
Pointy reserves the right to amend, deny, or indefinitely withhold rewards and cash-out payments where we
determine that the reward was due to a technical error or other incorrect or unintended behaviour of our
Pointy reserves the right to reset the cash-out balance and remove any unclaimed non-monetary rewards from
accounts which appear to be dormant or abandoned. We may reset your Pointy Rewards balance to zero (€0.00) if
you have not opened or used the app for a period in excess of 6 months.
Pointy Rewards are currently only available to our users in Ireland.
- OTHER IMPORTANT TERMS
We may assign, transfer, or otherwise dispose of our rights and obligations under this
EULA, in whole or in part, at any time without notice but this will not affect
your rights or our obligations under this EULA.
You may only transfer your rights or obligations
under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of
your obligations under this EULA, or if we do not enforce our rights against
you, or if we delay in doing so, that will not mean that we have waived our
rights against you and will not mean that you do not have to comply with those
obligations. If we do waive a default by you, we will only do so in writing,
and that will not mean that we will automatically waive any later default by
Each of the conditions of this EULA operates
separately. If any court or competent authority decides that any of them are
unlawful or unenforceable, the remaining conditions will remain in full force
This EULA, its subject
matter and its formation, are governed by Irish law. You and we both agree that the courts of the Republic of
Ireland will have
This EULA and any documents expressly referred
to herein contain the whole agreement between the end user and licensor and the
EULA supersedes all prior agreements, arrangements and understandings between
This agreement has been entered into on the date you downloaded the App or on the date you began using the Services,
whichever is the earliest.
Copyright 2016, Pomo Search Limited.