Please read these Terms of Service ("Terms") and our Privacy Policy before using a mobile application ("App") and any services, content, and features made available by us through the App. In these Terms, "The Point", "Company", "we", "us", and "our" refer to The Point Tech Labs Limited; and "you" and "your" refer to any user of our Services.
THE POINT DOES NOT SELL YOUR PERSONAL INFORMATION TO THIRD PARTIES AND DOES NOT DISCLOSE YOUR PERSONAL INFORMATION FOR DIRECT MARKETING PURPOSES.
Acceptance Of These Terms
About Terms:
- These Terms govern the provision of services of our mobile application, which uses data to provide personalized content to your App and your use of it.
- By downloading and/or using the App, you agree to these Terms and enter into a binding legal agreement with us incorporating these Terms. If you disagree with these Terms, please do not attempt to download, install or use the App.
- Ask your parents for permission if you are under 18. You may only agree to these Terms if you are the age of majority in the country or state where you live. This applies to you even if the App's age rating indicates it is suitable for children. If you are under the age of majority and wish to use the Application, you must ask your parent or legal guardian to review these Terms and our Privacy Notice. You may then only use the Application if your parent or guardian agrees to the Terms and authorizes you to use the Application under his or her control. Your parent or legal guardian must also read our Privacy Notice with you and agree to our processing of your personal data on your behalf following the Privacy Policy.
- We are constantly improving our Services and creating new App features. This means that we may add, change, stop updating or remove features, content, or features, and we may completely suspend or discontinue the Services. We may take any of these actions at any time and we will endeavor to notify you in advance where applicable.
- We will take the required actions to keep the technology that powers the App operational, but we cannot guarantee that the App will be available constantly.
- We cannot guarantee that the application will be free of bugs, bugs, or viruses. As with all software, we recommend that you run a virus scan before use. We also recommend that you have an up-to-date backup of your device before using the application and consult with your network administrator before installing the application on a network device.
- We are not able to guarantee that the content or related information provided in the App is accurate or complete. The application is intended for entertainment purposes only and no reliance should be placed on the information provided therein.
- You may use the Services only for lawful purposes and under these Terms. The Point is not responsible if you use the Services in any way that violates applicable law. You agree not:
- use the App in any unlawful manner, for any illegal purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, such as by hacking or inserting malicious code, viruses, or harmful data, into the App
- transmit any defamatory, offensive, or otherwise objectionable material in connection with your use of the App
- use the App in a manner that could damage, disable, overburden, disrupt or compromise our systems or security, or interfere with other users
- harvest or collect any information or data from the App or attempt to decrypt any transmissions to or from the App's servers
- to access content or data not intended for you or to log into an account to which you do not have access
User account:
- To access and use the Services, you may be required to provide user information and register an account with a third party ("App Store"). Our Privacy Policy governs our collection, use, storage, and disclosure of any personal information contained within user Information. You represent and warrant that all user information you provide us in connection with the Services is accurate, current, and complete.
- You are responsible for all activities that occur under your user account, whether authorized by you or not. Therefore, it is important that you take the appropriate steps to protect your account and login details and keep them secret. If you fail to keep your login details secret, or if you share your login details or account with someone else, you accept full responsibility for the consequences of this and agree to indemnify us for any loss or harm that may arise. The Point is not responsible for any losses you incur as a result of someone else using your account with or without your knowledge. We are not responsible for any loss or damage resulting from the loss or theft of your username, password, or other security information provided in these Terms or required by applicable law. If you think that someone has gained access to your account, please reach out immediately to support@thepointlabs.com.
- The account created in connection with the App is personal and you may not transfer your account to another person.
- You understand that if you delete your account, or if we terminate your account in accordance with these Terms, you may lose access to any data previously associated with your account.
You must not use trademarks of The Point (The Point name and logo, and all related names, logos, product and service names, designs, and slogans) without our prior written permission.
You acknowledge and agree that, other than the personal right ("licence") granted to you by these Terms, you shall have no right to (or enable anyone else to do so):
- not rent, sublicense, loan, lend or otherwise make available the App in any form, in whole or in part, to any person without our prior written permission
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, print, monitor, make available, translate, merge, adapt, modify, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms
- use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without obtaining our advance written consent
- violate or infringe by The Point copyrights, trademarks, or other intellectual property rights
- disassemble, decompile, reverse engineer or create derivative works based on all or any part of the App, or attempt to do any such action
If you would like to use our brand assets in a way that is not highlighted by these Terms, please contact us at support@thepointlabs.com.
If you violate these Terms, your right to access and use the Services will terminate immediately and you must, at our discretion, return or destroy any copies of the materials you have made. No right, title, or interest in the Services is transferred to you, and all rights not expressly granted are reserved by us. Any access to or use of the Services not expressly permitted by these Terms is a violation of these Terms and may violate copyrights, trademarks, and other laws.
You agree that your Comments will not infringe any rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You also agree that your Comments will not contain libelous or otherwise illegal, offensive or obscene material, or computer viruses or other malicious software that may affect the operation of the Services in any way. You may not use a false email address, impersonate someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We do not accept any liability and accept no liability for any Comments you send to us.
To access certain features of the App you need to activate a subscription to the App ("Subscription"). You may activate a Subscription on a third‑party Apple App Store ("App Store") on which the App is made available and following the instructions given by the App Store ("In-App Subscription"). All payments associated with In-App Subscription are processed by the third-party App Store from which you downloaded the App. Payments made to an App Store will be subject to the App Store's terms and conditions, which you should review carefully before activating an In-App Subscription (“App Store T&Cs”). Please refer to App Store T&Cs for the relevant period for cancellations and more information on how to do this.
We offer weekly Subscription period. We may change the Subscription period lengths that we offer from time to time, but we will not change the length of your Subscription period while it is active. Each Subscription period will automatically renew on the day that it expires for another period of the same length of time. For example, a weekly subscription would automatically renew on the same day each week. You will be charged for the following Subscription period in advance on the renewal date, unless you cancel the Subscription in advance of the renewal date in accordance with these Terms. We and/or App Store may immediately suspend your access to the App if you do not pay your Subscription until the full amount has been paid. If any amount remains unpaid following our notice to you, we may end your rights under these Terms. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase (refer to Cancellations and refunds section).
Subscription fees:
Company may, now or in the future, charge Subscription or service fees for the use of the Services or certain Service features. Any Subscription fees increase will not apply to the current period of your Subscription. If you do not agree to a Subscription fee increase, please remember that you can always cancel your Subscription before your next Subscription period starts. If you do not cancel your Subscription after receiving notice of a change in Subscription fee, you will be obliged to pay the new Subscription fee from the date on which the next Subscription period commences.
Free trials:
Any trial to the App is offered at our discretion, and we may withdraw this offer at any time. A trial to the App will automatically renew as a paid Subscription unless the trial is canceled under these Terms before the end of the trial period. It may take at least 24 hours if you have an In-App Subscription, although we will attempt to process cancellations more quickly. If you have previously signed up for a free trial in the Subscription through the Apple Store, you will not be eligible for another free trial. In this case, you will be automatically signed up for a paid subscription and charged as described in these terms. You will need to contact your App Store concerning any refunds for In-App Subscriptions.
Cancellations and refunds:
If you have an In-App Subscription and would like to cancel it, you will need to do this under the process required by App Store.All refunds for In-App Subscriptions will be handled under your App Store T&Cs. You can find further information on canceling orders and any associated refunds on the website of the App Store from whom you purchased the In‑App Subscription or within the App Store itself. Please make sure you familiarise yourself with your App Store's refund policy before subscribing.
You can find further instructions on how to do this at the following links:
- To cancel your subscription from Apple, you can follow these instructions.
- To request a refund from Apple you can follow these instructions.
If you cancel your Subscription, then we reserve the right to delete your user account data at any time after 14 days from the date when the cancellation of your Subscription takes effect. We will process your personal data in accordance with our Privacy Policy.
If you cancel your Subscription, then we reserve the right to delete your user account data at any time after 14 days from the date when the cancellation of your Subscription takes effect. We will process your personal data under our Privacy Policy.
App Stores are third parties. We do not control the services provided by the App Stores or App Store T&Cs. We recommend that you carefully read the App Store T&Cs and privacy policy before using them to download and install the App or purchase any Subscriptions. We are not responsible for the App Store T&Cs or the websites, apps, services, practices, or privacy policies of the App Store provider.
We can also end your rights under the Terms immediately at any time, undertaking reasonable efforts to notify you if we’re forced to do so for technical or operational reasons beyond our control. Suppose we end your access in these circumstances. In that case, we will undertake reasonable efforts to work with your App Store to facilitate a refund of the proportion of your Subscription fee relating to the period you’ve paid for but during which you did not have access to the App.
Terminating your Account will not affect any of our rights or your obligations arising under these Terms before such termination. Provisions of these Terms that, by their nature, should survive termination of your Account will survive such termination.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE PRECEDING, NEITHER THE COMPANY, NOR ANYONE ASSOCIATED WITH THE COMPANY, REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT ERRORS IN THE SERVICES WILL BE CORRECTED, AND THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE MAY NOT CONTAIN VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE PRECEDING DOES NOT AFFECT ANY WARRANTIES THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN ADDITION TO AND WITHOUT LIMITING ANY OF THE PRECEDING, WE WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL. CONDITIONS BEYOND OUR REASONABLE CONTROL INCLUDE, WITHOUT LIMITATION, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES, ACTS OF THE GODS, and ACTS OF TERRORISM.
THE PRECEDING DOES NOT AFFECT ANY LIABILITY THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
California residents
You expressly waive CA Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party”
If you have a controversy, complaint, demand, claim, or causes of action between you and us, please let us try to resolve it first by sending us an email at support@thepointlabs.com. . In the event of any dispute, controversy, or claim relating to these Terms (including the Privacy Policy) and/or the App ("Dispute"), both you and we shall first use our best reasonable to attempt to resolve an informal resolution to such Dispute for at least 30 days before initiating any formal proceeding. This informal negotiation period will commence upon written notice from one party to the other.
Governing law
These Terms, and any Dispute, shall be governed by and interpreted under English law, except for certain claims and disputes, for example, relating to consumer protection, unfair competition, and tort, which may be subject to the laws of the country or state in which you are resident.
Jurisdiction
The jurisdiction for any Dispute shall depend on the country or state in which you are resident. You may only bring legal proceedings in respect of a Dispute if your country or state of residence is neither United Arab Emirates: in the courts of the United Arab Emirates or state in which you are resident if you are allowed to do so by the laws of the country or state in which you are resident.
For residents of the United States of America Only: Binding Arbitration and Class Action Waiver
If your country or state of residence is not the United States of America, then the provisions of this section do not apply to you.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE YOUR DISPUTE TRIED BEFORE A JURY.
If your country or state of residence is the United States of America, the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this section apply to any Dispute between you and us. You further agree that the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this section, and these Terms constitute a transaction in interstate commerce. The provisions of this section shall survive any termination of this Agreement. As set out in the statement above, please contact us first if you have a complaint. Suppose you and we had not agreed on a resolution within 30 days from the day you first contacted us to try to resolve matters through informal dispute resolution. Suppose you and we do not reach an agreed-upon solution within the informal Dispute resolution period, then, subject to the terms below. In that case, the Dispute will be finally and exclusively resolved by binding arbitration. Among other things, ARBITRATION MEANS YOU WAIVE YOUR RIGHT TO COURT PROCEEDINGS (INCLUDING A JUDGE OR JURY) IN A STATE OR FEDERAL COURT, AND THE GROUNDS FOR APPEAL BY YOU OR US ARE MORE LIMITED. Either you or we may elect to initiate binding arbitration, and the election to arbitrate a Dispute by one party shall be final and binding on the other.
Suppose either you or we commence arbitration proceedings. In that case, all claims arising out of or relating to these Terms (including its formation, performance, and breach), the relationship between you and us, and/or your use of the App shall be finally settled by binding arbitration administered by JAMS, a national arbitration body based in the United States of America, and governed under the provisions of this Agreement and the procedural rules of JAMS that are in effect when the arbitration commences, excluding any rules that permit arbitration on a class or representative basis (the JAMS Rules). For a copy of the JAMS Rules or more information about JAMS and commencing arbitration proceedings, please visit jamsadr.com.
A single neutral arbitrator shall be appointed by agreement between us in accordance with the Jams Rules. The arbitration's place (or 'seat') shall be New York City, New York. To the extent permitted by the JAMS Rules, you may participate in arbitration remotely via videoconference or teleconference. The arbitrator and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration. Additionally, the arbitrator shall apply the law of the United States, and the arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. The arbitrator's award shall be written and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may grant whatever relief would be available to a court under law or in equity. Nothing in this section shall in any way limit either party's rights to bring a limited proceeding in a court of competent jurisdiction to compel arbitration according to these Terms, to stay a pending proceeding in favor of arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
YOU UNDERSTAND AND, AS A RESULT OF THIS, AGREE THAT, BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT AND TO HAVE YOUR CLAIMS HEARD BY A JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL; AND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. YOU AND WE FURTHER AGREE THAT ANY ARBITRATION OR OTHER PERMITTED ACTION SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US AND SHALL BE CONDUCTED IN YOUR AND OUR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION AND THAT YOU AND THE POINT EXPRESSLY WAIVE OUR RIGHTS TO FILE A CLASS-ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. SUPPOSE ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER OUTLINED IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS. IN THAT CASE, THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY, AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
As an exception to the Terms on a binding arbitration under this section, either party may bring legal proceedings in respect of a Dispute before a state or federal court in the United States of America or elsewhere where the legal proceedings only assert claims relating to intellectual property infringement (including claims relating to patents, copyright, moral rights, trademarks, and designs, but not claims relating to any licence granted by these Terms). You have a limited right to opt out and not be bound by the arbitration and class action waiver provisions in this section by sending a written notice of your decision to opt out marked for the attention of our legal team to the following address: The Point Tech Labs Limited, Unit 13, Level 6, Gate District Precinct Building 04, DIFC, Dubai, United Arab Emirates. To be effective, your written notice must be received by us within 30 days of your first use of the App. Otherwise, you shall be bound to arbitrate disputes under the terms of this section. If you choose to opt out of these arbitration provisions, we also will not be bound by them.
Suppose any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason. In that case, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
- By writing an email to us: support@thepointlabs.com
- By visiting this page on our website: thepointmoods.app/#form