Terms & Condition
1. Embracing the iPoint Way
A. Welcome aboard, friend! Holistic Pet Tech, LLC (“iPoint”, “iPoint Touch”, “us”, “we”) is excited to share our awesome Service (explained below) with you through our super cool website at https://iPointTouch.com (the “Site”), our handy application programming interface (the “API”), and any mobile apps we may whip up from time to time (the “Mobile App”). Together, these form the “Application.” But first, let’s talk about this Terms of Service agreement (“TOS”). By giving this TOS a virtual high-five or by accessing or using our Service or Site, you’re telling us you’ve read, understood, and agreed to play by these rules. If you’re representing a company, business, or other legal entity, you’re also saying you have the power to make them agree to the TOS, too. If that’s not the case, or if you’re not feeling the TOS vibe, then please don’t accept it and don’t use the Service. Anything you, your employees, consultants, agents, reps, or users do on the Service counts as being done on behalf of your legal entity.
B. You can always find the latest version of this TOS at https://iPointTouch.com/tos/. If any part of it isn’t your cup of tea, your only option is to stop using our Service. No hard feelings!
2. What’s the Service, Anyway?
Our “Service” includes (a) the Application, (b) all software, data, reports, text, images, sounds, video, and content made available through any of the above (collectively, the “Content”), and all updates to it. We’re constantly working to make the Service better, so things might change from time to time. Some features might not be available in every country, and we might limit or adjust the Service based on your location. For example, certain features like SMS could be limited to the US and Canada, or we might limit the availability of calling numbers in specific countries, regions, or types of numbers.
We also like to cook up new features and sometimes offer limited beta releases. If you want in on a beta, you’ll need to agree to any extra terms and conditions we throw your way. This TOS might not cover everything related to a beta release.
Keep in mind that our Service is provided “as-is,” which means it might have some bugs that could affect your ability to use it or impact your business. We’re not liable for any issues you might encounter while using the Service. But hey, we’re all friends here, right?
3. The Nitty-Gritty: Access, Use, and All That Jazz
A. As long as you stick to the terms and conditions of this TOS, you can use our Service for lawful purposes and in compliance with all applicable laws, including but not limited to privacy and communication laws. Make sure you’re allowed to use our Service in your location before diving in. If we provide any codes of conduct, policies, or notices, you’ll need to follow them, too. And if you ever find out about a security breach related to the Service, please let us know ASAP.
B. We want you to know that we’re the proud owners of our Service and all its components. As a user, you can lease phone numbers from us that are linked to your account, but we can’t promise they’ll be yours forever. If you downgrade or bid farewell to our Service, those phone numbers will wave goodbye too. Just make sure you don’t (a) share, resell, rent, lease, hand over, or let others use our Service; (b) use our Service for anything naughty or that messes with its awesomeness; or (c) try to sneak into our Service or its related systems.
C. Our Service is safeguarded by copyright, trademark, and other laws in the United States and beyond. We (along with our suppliers and licensors) own all the rights to the Service, including all associated intellectual property rights. So, please don’t mess with any copyright, trademark, service mark, or other proprietary rights notices that you find with our Service.
D. If we give you any software to use with our Service (“Software”), it’s packed with our top-secret, confidential info. We’re granting you a personal, non-transferable, non-sublicensable, and non-exclusive license to use the Software on a single device, just as long as you’re using it with our Service. But, no peeking under the hood! Don’t copy, modify, reverse engineer, or try to discover the source code of the Software. And don’t sell, assign, sublicense, or transfer any rights related to it. Just access the Service through the interface we provide, not by any other sneaky means.
E. You’re the boss of all data, info, feedback, suggestions, text, content, and materials that you bring to the party in connection with our Service (“Your Content”). We can kick out any offensive content or limit/revoke privileges for anyone who misbehaves. If you cancel your account, we have the right to delete Your Content, but we’ll keep it stashed away for 30 days after termination. We’ll always treat your data with care, according to our Privacy Policy and applicable laws.
F. We might gather some info about how you use our Service (“Usage Data”) to make it even better for you.
G. We may also collect info from third-party services via integrations you set up (“Connected Account Data”). We’ll store and process this data even after you disconnect an integration, as long as your organization’s iPoint Touch account is active.
H. Psst! Keep your login, password, and account details hush-hush because you’re responsible for all the actions happening under your account. We might pop into your account for things like providing tech support or managing your account. By sharing Your Content on or through our Service, you’re giving us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable, and transferable license to use, modify, reproduce, distribute, display, publish, and perform Your Content as part of our Service.
I. Just a friendly reminder: using our iPoint Touch Service, including Your Content, might involve unencrypted transmissions across various networks and devices. This means (a) your data might travel through different networks; (b) it could change to fit the technical requirements of connecting networks or devices; and (c) it might be sent to our third-party vendors and hosting partners to keep the Service running smoothly. So, it’s all on you to make sure Your Content is safe, secure, and backed up. We won’t be held responsible for any unauthorized access, use, corruption, deletion, destruction, or loss of Your Content.
J. If we don’t enforce a particular right or provision in this TOS, it doesn’t mean we’re giving it up. Just remember that this TOS is an electronic agreement between you and Holistic Pet Tech, LLC, even without physical signatures. It governs your use of our Service and replaces any earlier agreements you might have had with us.
K. Heads up! We reserve the right to use your name and/or company name as a reference for marketing or promotional purposes on our website iPointTouch.com and in other communications with existing or potential customers. If you’d prefer not to be a reference, just shoot us an email at support@iPointTouch.com, and we’ll respect your wishes.
L. We might need to modify, pause, or permanently close your account and/or our Service (or any part of it) at any time, with or without letting you know. We’re not liable to you or anyone else for any modifications, price changes, changes in capacity or accessibility, suspensions, or discontinuations. We also have the right to limit your use of the Service for any reason, at our sole discretion. If we need to terminate or limit your access to the Service without prior notice, we won’t be liable to you or any third party. If we end this TOS or your access to the Service because you broke the rules or engaged in any suspicious, abusive, or illegal activities, then our termination is in addition to any other remedies we might have at law or in equity.
4. Show Me the Money!
In case our fantastic Service (or parts of it) comes with a fee, you’ll need to choose a payment plan and provide Holistic Pet Tech, LLC with your payment details. You can find more info about our payment plans at https://ipointtouch.com/pricing/, on our website, or in the order form confirming your purchase. If you use more than what’s included in your plan, weren’t billed, or missed a payment, we have the right to recover fees and charge you standard and overage fees for any additional use. Promise us that the payment info you provide is accurate and that you’re authorized to use the payment method for our Service. Keep your account info updated, and agree to pay Holistic Pet Tech, LLC according to your plan and this TOS. You allow us to bill your payment method periodically in advance until you close your account. If you dispute any charges, let us know in writing within 60 days of the invoice date. We might change our prices, but we’ll give you a heads-up with at least 30 days’ notice. Your continued use of our Service means you agree to the new prices. Late or missed payments may lead to the termination of your access to the Service. All fees are non-refundable, exclusive of taxes, and you’re responsible for paying all taxes, government charges, and any expenses or attorney fees we incur collecting late amounts.
5. Pinky Promises
You promise to Holistic Pet Tech, LLC that (i) you’re allowed to agree to this TOS; (ii) you own Your Content or have all necessary permissions and rights to use it with the Service; (iii) Your Content and activities with the Service won’t violate any third-party rights or contain anything defamatory, obscene, or offensive; (iv) you’ll follow all applicable laws; and (v) you’re at least 18 years old. In short, be responsible and play by the rules.
6. Calling It Quits
You can terminate your account anytime by following the procedures on our website. We reserve the right to (i) change or stop the Service (or any part of it) and (ii) refuse or terminate your account and use of the Service for any reason, such as violating this TOS. We won’t be liable for any changes or termination, but we’ll try our best to warn you before suspending or ending your account. We may permanently delete Your Content after termination, at our discretion. If we end your account without cause and you’ve paid for a fee-bearing service, we’ll refund the prorated, unearned portion of any prepaid amount. However, accrued payment rights and the terms of Sections 4-17 will still apply after termination.
7. No Guarantees, Sorry!
We offer our Service, including the website and content, “as is” and “as available” without any warranties. Holistic Pet Tech, LLC expressly disclaims all warranties, whether express or implied, like warranties of merchantability, title, fitness for a particular purpose, and non-infringement. We can’t promise that the Service will be uninterrupted, timely, secure, error-free, or virus-free. Any information, advice, or services you get from us or through the Service won’t create any warranty not stated in this TOS.
8. Keeping Liability in Check
A. Hold your horses! Under no legal theory (contract, tort, or otherwise) shall Holistic Pet Tech, LLC be liable to you or any third party for (A) any indirect, incidental, special, exemplary, consequential, or punitive damages like lost profits or business, lost data, data breaches, or business interruption, or (B) direct damages, costs, losses, or liabilities exceeding the fees you actually paid in the 6 months before the event causing your claim or, if no fees apply, $100 USD. This section balances the risks between us, and we’re counting on these limits when agreeing to this TOS.
B. Some states don’t allow certain warranty exclusions or liability limitations, meaning some limits might not apply to you. In those states, Holistic Pet Tech, LLC’s liability is limited to the max extent allowed by law.
9. You’ve Got Our Back
Defend, indemnify, and protect Holistic Pet Tech, LLC from any claims, actions, or demands, including reasonable legal and accounting fees, resulting from your breach of this TOS, Your Content, or your access, contribution to, or misuse of the Service. This includes claims for copyright infringement, defamation, invasion of privacy, or right of publicity arising from unauthorized use of the Service, breaking laws (including TCPA, the National Do Not Call Registry, CAN-SPAM Act, and telemarketing regulations), and third-party litigation due to your Service use. We’ll notify you about any claims, and we can take over defense and control in any indemnification matter. In that case, you’ll cooperate with our reasonable requests.
10. Tweaking the TOS
We may change this TOS from time to time with at least 30 days’ notice. Check the latest version at https://iPointTouch.com/tos/. If you use the Service within 30 days of the notice, you accept the new terms. If you don’t like the changes, your only option is to stop using the Service.
11. Trading Places
You can’t assign this TOS without our written consent, but we can assign or transfer it, in whole or in part, without restrictions.
12. Florida Sun
This TOS is governed by Florida law, without considering conflicts of law principles. You agree to submit to the exclusive jurisdiction of federal and state courts in Florida to resolve disputes related to your access or use of the Service unless we choose otherwise in specific cases.
13. Let’s Settle This
This agreement will sway and groove to the beat of Florida’s laws, without getting tangled in any conflicting legal dances from other places. The United Nations Convention on Contracts for the International Sale of Goods won’t crash our party.
Disputes within the U.S. shall be resolved by a showdown of arbitration, with one arbitrator, following the 2008-era Resolute Systems, Inc. commercial arbitration rules. For any international disputes involving someone who isn’t a U.S. citizen or resident, Holistic Pet Tech, LLC and the other party can call for a final settlement under the International Chamber of Commerce Rules of Arbitration, with the showdown happening in the USA.
All the bills for admin expenses, arbitrator fees, and fancy arbitration facilities shall be split right down the middle between the parties. Each side will cover their own legal superstar fees, expert witness fees, and other costs that pop up.
The arbitrator will serve up a bare-bones award. Any court with the right credentials can slap a judgment on that award. The plan is for the award and any resulting judgment to not have res judicata (claim preclusion) or collateral estoppel (issue preclusion) effects, except between the parties themselves.
The arbitration jam in this Agreement will follow the tune of the Federal Arbitration Act (9 U.S.C. 1 et seq.) and, for those international arbitrations with one or more non-U.S. parties, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the U.S. laws that put it into action (9 U.S.C. 201 et seq.).
If the Arbitration provisions don’t apply, this Agreement will chill with the state and federal courts serving Florida, United States. The parties agree to the personal and exclusive jurisdiction and venue of these courts. But don’t worry—nothing will stop Holistic Pet Tech, LLC from seeking justice in any court with the proper credentials to get some sweet, sweet injunctive relief or protect and enforce its intellectual property rights.
14. Your Privacy Matters
Check out https://iPointTouch.com/privacy/ to learn how we collect and use personal information.
Curious about our EU Data Protection compliance, including the Irish Data Protection Acts as amended and the General Data Protection Regulation (Regulation (EU) 2016/679)? Visit https://iPointTouch.com/gdpr/.
15. Hush-Hush Club
Definition: Thanks to your use of the Service, we might access each other’s Confidential Information. “Confidential Information” in this TOS means written, machine-readable, or visual materials that seem confidential, whether they’re labeled that way or not. Holistic Pet Tech, LLC’s Confidential Information includes Usage Data, software (source or executable code), documentation, pricing, business plans, techniques, methods, processes, and performance test results for the Service.
Exclusions: Confidential Information doesn’t include info that (a) is or becomes public knowledge without the receiving party’s fault, (b) was lawfully in the receiving party’s possession before disclosure, (c) is rightfully given to the receiving party by a third party without disclosure restrictions, or (d) is independently developed by the receiving party (with written proof).
Keep It Secret, Keep It Safe: While using the Service and for five years after, don’t share Holistic Pet Tech, LLC’s Confidential Information with third parties or use it for anything other than exercising your rights and fulfilling your obligations under this TOS. Take reasonable steps to ensure the Confidential Information isn’t disclosed or distributed by your employees or agents in violation of this TOS. Use the same effort to protect our Confidential Information as you’d use for your own important info. Make sure any agents or subcontractors with access to Holistic Pet Tech, LLC’s Confidential Information legally follow these obligations. However, Confidential Information can be disclosed if required by a government agency, as long as the disclosing party gives enough advance notice for the non-disclosing party to challenge or limit the agency’s authority to receive the information.
16. Ping-Pong Notices
The Service works electronically, and you agree that Holistic Pet Tech, LLC can communicate with you electronically about the Service. This includes product updates, payment info, ways to use the Service more efficiently, and legal notices (except where prohibited by law). We’ll send notices to the last email address we have for you, and you consent to receive them electronically. We consider a notice given when we send the email and get a delivery receipt.
17. Heads Up, California Residents
Per California Civil Code Section 1789.3, California users should know the following consumer rights notice: If you have a question or complaint about the Service, please email support@iPointTouch.com.
Recent Comments