Pointr End User Agreement

Version: 1.0

Last Modified: May 24, 2024

1. Overview

This End User Agreement ("Agreement") describes the policies and procedures under which Pointr provides mapping and location-based services ("Services") for the following products:

• Pointr Cloud CMS

• Pointr Mobile SDK (iOS/Android)

• Pointr Web SDK

• Pointr Express™

Agreement is entered into between Pointr ("Company") and you, the end user ("User"), regarding the use of the Services provided by the Company.

2. Acceptance of Terms

By using the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree with any part of this Agreement, you may not use the Services.

3. Scope

The Services provide mapping, navigation, and location-based information, including but not limited to maps, directions, points of interest, and user analytics. The Company may also collect and use your location data to provide these Services.

By using the Services, you consent to the collection, processing, and use of your location data by the Company and its affiliates. The Company may use this data to provide and improve the Services, personalize your experience, and for other lawful purposes outlined below:

Tracking and storing User data may include but is not limited to:

• User location statics (user session count, time spent, frequency of visits etc.)

• Usage patterns (app download, app usage, app language selection etc.)

• Clickstream data (POIs visited, keywords searched etc.)

• Device information (operating system, device model, browser type etc.)

4. Data Privacy Policy

Your use of the Services is subject to the Company's Data Privacy Policy. Company is committed to conducting its business ethically and in compliance with all applicable laws and regulations, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA) and any other local regulation of countries Company provides services in. Company ensures the privacy and security of User data, employing industry-standard security measures to protect your data from unauthorized access, disclosure, alteration, or destruction.

Pointr Cloud CMS, Pointr Express, Web and Mobile SDK communicate through HTTPS connection. The HTTPS protocol transmits the data and uses TLS 1.2 with support for several cypher suites.

• The location data is only recorded and stored when the User is on-site. No data is stored when the User is off-site.

• Pointr Mobile SDK generates a globally unique identifier string on the first install, which is used as a device identifier. The device identifier does not give away any personally identifiable information or device information such as MAC/IP. This data is anonymous and untraceable.

• Pointr Mobile SDK provides device identifier and authentication token to Pointr Cloud CMS in order to authorize the User request. ​

• Pointr Cloud CMS does not keep any sensitive information such as name, date of birth, place of residence, credit card information, phone number, race, gender, criminal record, age, or medical records. It keeps users’ position data with users’ device identifiers only. The data captured through Mobile SDK is continuous; only the user device ID might change over time. ​ 

By using the Services, you consent to the collection and use of your location data in accordance with the Data Privacy Policy.

5. User Responsibilities

By using the Services, you agree to:

• Provide accurate and complete information when using the Services.

• Use the Services only for lawful purposes and in accordance with this Agreement.

• Not misuse or abuse the Services, including but not limited to falsifying your location, sharing confidential data in the apps or using the Services for illegal activities.

6. Accuracy and Reliability

By using the Services, you acknowledge that the Services may not always be accurate or error-free. The Company strives to provide accurate and reliable mapping, location-based information and analytics, but makes no guarantees regarding the accuracy, completeness, or reliability of the Services.

7. Disclaimer of Warranties

The Services are provided on an “As Is” and “As Available” basis, without any warranties of any kind, express or implied. The Company disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

In no event shall the Company be liable for any indirect, incidental, special, consequential or punitive damages, arising out of or in connection with your use of the Services.

9. Governing Law

This Agreement shall be governed by and constructed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of Laws provision or rule that would require or permit the application of the Laws of any jurisdiction other than those of the State of Delaware.  The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded and will not apply. Any legal action, suit or proceeding under, arising out of, or related to, this Agreement or the license granted hereunder shall be instituted exclusively in the federal courts of the United States located in Wilmington, Delaware, and both Parties irrevocably consent to the exclusive subject matter and personal jurisdiction of such courts in any such legal action, suit or proceeding and waive all objections and any defense to such jurisdiction including, without limitation on the grounds or basis of inconvenient forum. 

10. Changes to Agreement

The Company reserves the right to modify or replace this Agreement at any time. If a revision is material, the Company will provide notice prior to any new terms taking effect.

11. Entire Agreement

This Agreement constitutes the entire agreement between you and the Company regarding the use of the Services, superseding any prior agreements between you and the Company relating to the Services.