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.

Important notice:

You should save a copy of this EULA for future reference.

Agreed terms

  1. ACKNOWLEDGEMENTS
    1. 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.
    2. 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 EULA.
    3. 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 revised terms).
    4. 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.
    5. The terms of our privacy policy, which is available at https://www.pointy.com/privacy (General Privacy Policy), are incorporated into this EULA by express reference and apply to the Services. 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.
    6. 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.
    7. 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.
    8. 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 through them.
    9. 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.
  2. GRANT AND SCOPE OF LICENCE
    1. 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.
  3. LICENCE RESTRICTIONS
    1. Except as expressly set out in this EULA you agree:
      1. not to copy the Service or any part of the Service except where such copying is incidental to normal use of the Service;
      2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Services;
      3. 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
      4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Service.
      together Licence Restrictions.
  4. ACCEPTABLE USE RESTRICTIONS
    1. You must:
      1. 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 the Service;
      2. 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);
      3. 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);
      4. 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
      5. 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.
  5. INTELLECTUAL PROPERTY AND PATENT RIGHTS
    1. 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 service marks.
    2. 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.
    3. You acknowledge that you have no right to access the source-code in the software that forms part of the Services.
  6. USER CONTENT
    1. 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.
    2. 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.
    3. 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.
    4. 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.
  7. INDEMNITY
    1. 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.
  8. LIMITED WARRANTY AND SUPPORT
    1. 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, condition, 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.
    2. 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.
    3. 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 practicable.
    4. This limited warranty does not apply:
      1. if the defect or fault in the Service results from you having amended the Service;
      2. if the defect or fault in the Service results from you having used the Service in contravention of the terms of this EULA;and
      3. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
  9. LIMITATION OF LIABILITY
    1. 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.
    2. We only supply the Service for domestic and private use. You agree not to use the Service for any commercial, business or resale purposes.
    3. 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:
      1. special damage even if we were aware of the circumstances in which such special damage could arise;
      2. loss of profits;
      3. loss of anticipated savings;
      4. loss of business opportunity;
      5. loss of goodwill; and
      6. loss or corruption of data.
    4. 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 circumstances.
    5. The exclusions set out in this clause 9 shall apply to the fullest extent permissible at law, but we do not exclude liability for:
      1. death or personal injury caused by our negligence, or the negligence of our officers, employees, contractors or agents;
      2. fraud or fraudulent misrepresentation;
      3. any other liability which may not be excluded by law.
    6. 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).
  10. TERMINATION
    1. Either party may immediately terminate this EULA for any reason.
    2. On termination:
      1. all rights granted to you under this EULA shall cease;
      2. you must immediately cease all activities authorised by this EULA, including your use of the Services;
      3. you must immediately deactivate your account with us;
      4. 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
      5. we may remotely access the Service and cease providing you with access to the Service.
    3. 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.
  11. COMMUNICATION BETWEEN US
    1. 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 eula@pointy.com.
    2. 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 Policy.
  12. EVENTS OUTSIDE OUR CONTROL
    1. 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).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
      1. 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
      2. 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.
  13. NO PARTNERSHIP OR AGENCY
    1. 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 party.
    2. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
  14. SECURITY
    1. 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.
  15. ADDITIONAL TERMS FOR THE APP STORE
    1. The following additional terms apply to you if you downloaded the App via The App Store from Apple.
    2. Both the End-User and Licensor acknowledge and agree that:
      1. the EULA is concluded between the End-User and Licensor and not with Apple;
      2. Apple has no obligation whatsoever to furnish any maintenance and support with respect to the Services;
      3. 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;
      4. Apple will not be responsible for the investigation, defence, settlement and discharge of any intellectual property infringement claim brought by a third party; and
      5. 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.
    3. 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.
  16. POINTY REWARDS
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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 systems.
    7. 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.
    8. Pointy Rewards are currently only available to our users in Ireland.
  17. OTHER IMPORTANT TERMS
    1. 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.
    2. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
    3. 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 you.
    4. 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 and effect.
    5. 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 exclusive jurisdiction.
    6. 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 the parties.

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.

Version: 2016-04-20
Copyright 2016, Pomo Search Limited.