Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and ONPOINT ("we", "our", or "us") governing your access to and use of the ONPOINT website, desktop application, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

2. Eligibility

You must be at least 16 years old and have the legal capacity to enter into a binding agreement to use our Services.

3. Your Account

If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You agree to provide accurate information, keep your details current, report any unauthorized access immediately, and not share your credentials with others.

4. Permitted Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal or internal business purposes, subject to these Terms.

5. Prohibited Conduct

You agree not to:

• Violate any applicable laws or regulations.
• Attempt to gain unauthorized access to any part of the Services.
• Interfere with or disrupt the integrity or performance of the Services.
• Reverse engineer, decompile, or disassemble any component of the Services.
• Use automated means to access the Services without our permission.
• Transmit malware, viruses, or other harmful code.
• Infringe upon the intellectual property rights of others.
• Resell, redistribute, or sublicense the Services.

6. Intellectual Property

All content, features, and functionality of the Services are owned by ONPOINT and protected by intellectual property laws. You retain ownership of any content you create using the Services.

7. Open Source Components

The Services may include open source software components, which remain subject to their respective license terms. Where applicable, those license terms supersede these Terms.

8. Third-Party Services

The Services may integrate with third-party tools and services. Those integrations are governed by their own terms and policies. We assume no responsibility for any third-party services.

8a. Analytics and Data Collection

Our website uses PostHog, a product analytics service, to collect anonymized usage data such as page views, clicks, and feature interactions. This data helps us improve the Services. No personal information is collected through analytics, and no data is collected from the desktop application. For full details, see our Privacy Policy.

9. Payment and Subscriptions

Certain features may require payment. Subscriptions automatically renew unless cancelled before the renewal date. Refunds are handled in accordance with our refund policy or applicable law.

10. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the maximum extent permitted by law, ONPOINT shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. Our total liability shall not exceed the amounts you have paid to us in the twelve months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless ONPOINT and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your violation of these Terms or your misuse of the Services.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice. You may terminate your use by discontinuing access and requesting deletion of your account.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

15. Dispute Resolution

Any disputes arising from these Terms shall first be resolved through good faith negotiation. If negotiation fails, disputes shall be settled through binding arbitration in accordance with the rules of the American Arbitration Association.

16. Changes to Terms

We may modify these Terms at any time. Updated Terms will be posted on this page with a revised date. Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

17. Severability

If any provision of these Terms is found to be unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ONPOINT regarding the Services, superseding any prior agreements or understandings.

19. Contact Us

If you have questions about these Terms, please contact us at legal@onpoint.sh.