Terms of Service

1. Agreement to Terms

1.1 Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and OnPoint App ("Company," "we," "us," or "our") governing your access to and use of:

• The OnPoint mobile application ("App")
• Any related websites, services, or features ("Services")

1.2 Eligibility

By using the Services, you represent and warrant that:

• You are at least 18 years of age, OR
• You are at least 16 years of age and have parental/guardian consent, OR
• You are the legal age of majority in your jurisdiction

If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

1.3 Additional Terms

Certain features may be subject to additional terms, which will be presented to you when you access those features. Such additional terms are incorporated by reference into these Terms.

2. Company Information

3. Description of Services

3.1 What OnPoint Provides

OnPoint is a business management application that enables users to:

• Create and manage jobs and projects
• Track employee time and attendance
• Store job-related photos, receipts, notes, and materials
• Generate invoices and job cards
• Manage teams of owners and employees
• Communicate through in-app notifications

3.2 What OnPoint Is NOT

4. Account Registration and Security

4.1 Account Creation

To use certain features, you must create an account by providing accurate, current, and complete information. You agree to update your information to keep it accurate.

4.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use

4.3 Account Types

• Owner Accounts: Business owners who create jobs, manage employees, and have administrative control
• Employee Accounts: Team members who are linked to an owner and can access assigned jobs

4.4 One Account Per Person

Each individual may only maintain one account. Creating multiple accounts to circumvent restrictions or abuse the Services is prohibited.

5. Subscription and Payments

5.1 Free and Paid Features

The App may offer both free features and premium subscription tiers. Premium features require an active paid subscription.

5.2 Subscription Terms

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• Subscriptions automatically renew unless cancelled before the renewal date
• Prices are subject to change with reasonable notice

5.3 Payment Processing

All payments are processed by third-party payment processors (Apple App Store, Google Play Store, or RevenueCat). We do not store your payment card information.

5.4 Refunds

Refund policies are governed by the applicable app store (Apple or Google). We do not directly process refunds. Contact the respective app store for refund requests.

5.5 Free Trials

If we offer a free trial:

• You may be required to provide payment information
• You will be charged automatically when the trial ends unless you cancel
• Free trials are limited to one per user

6. User Responsibilities and Conduct

6.1 Lawful Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are solely responsible for ensuring your use complies with all applicable laws in your jurisdiction.

6.2 Prohibited Activities

You agree NOT to:

Illegal Activities:

• Use the Services for any illegal purpose
• Violate any applicable laws, regulations, or third-party rights
• Engage in fraud, money laundering, or other financial crimes
• Use the Services in connection with illegal employment practices

Security Violations:

• Attempt to gain unauthorized access to any part of the Services
• Circumvent, disable, or interfere with security features
• Use automated scripts, bots, or scrapers
• Reverse engineer, decompile, or disassemble the App
• Introduce viruses, malware, or other harmful code

Misuse:

• Create false or misleading accounts
• Impersonate any person or entity
• Harass, abuse, or harm other users
• Use the Services to send spam or unsolicited communications
• Interfere with other users' enjoyment of the Services

Data Violations:

• Collect personal information of other users without consent
• Upload content that infringes intellectual property rights
• Upload illegal, harmful, threatening, or offensive content
• Misrepresent the source of any content you upload

6.3 Consequences of Violation

Violation of these Terms may result in:

• Warning or temporary suspension
• Permanent termination of your account
• Legal action and pursuit of damages
• Reporting to law enforcement authorities

7. User Content

7.1 Your Content

"User Content" means any data, text, photos, images, documents, signatures, or other materials you upload, submit, or store through the Services.

7.2 Ownership

You retain ownership of your User Content. We do not claim ownership of any content you create or upload.

7.3 License Grant

By uploading User Content, you grant us a limited, non-exclusive, royalty-free, worldwide license to:

• Store, process, and display your content to provide the Services
• Create backups and perform technical operations necessary for the Services
• Share your content with team members you authorize

This license terminates when you delete your content or account.

7.4 Your Responsibilities for User Content

You represent and warrant that:

• You own or have the right to use and share your User Content
• Your User Content does not violate any third-party rights
• Your User Content is accurate and not misleading
• Your User Content complies with all applicable laws

7.6 Content Removal

We reserve the right (but have no obligation) to remove any User Content that violates these Terms or that we deem objectionable, without prior notice.

8. Intellectual Property

8.1 Our Intellectual Property

The Services, including the App, website, logos, trademarks, designs, text, graphics, software, and all other content created by us ("Company IP"), are owned by or licensed to OnPoint App and protected by intellectual property laws.

8.2 Limited License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on your personal device
• Use the Services for your personal or internal business purposes

This license does not include the right to:

• Modify, copy, or create derivative works
• Sell, resell, license, or distribute the Services
• Use our trademarks or branding without permission
• Remove any proprietary notices or labels

8.3 Feedback

If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use such Feedback for any purpose without compensation or attribution to you.

9. Third-Party Services and Data Processing Infrastructure

9.1 Third-Party Integrations

The Services integrate with third-party services including:

• Firebase (Google) — Authentication, database, storage
• Google Places API — Address autocomplete for job locations
• RevenueCat — Subscription management
• Apple/Google — Payment processing, push notifications
• Google Speech-to-Text / Apple Speech Recognition — Voice dictation
• Apple Text-to-Speech — Read-aloud functionality (iOS)

9.2 How Your Data Is Processed

Your data is processed using Google Firebase infrastructure. By using the Services, you acknowledge and agree to the following:

Authentication: Your login credentials (email/password, phone number, or Google account) are processed by Firebase Authentication. Passwords are cryptographically hashed and never stored in plain text.

Data Storage: All app data (profiles, jobs, time entries, notes, etc.) is stored in Google Cloud Firestore, a secure NoSQL database hosted on Google Cloud servers, primarily located in the United States.

File Storage: Photos, receipts, signatures, and documents are stored in Firebase Cloud Storage with AES-256 encryption at rest and TLS encryption in transit.

Server Processing: Certain operations (push notifications, account deletion, photo syncing) are processed by Firebase Cloud Functions running on Google Cloud infrastructure.

Location Data: We do not collect or store your device location or GPS coordinates.

For complete technical details on how your data is processed, stored, and protected, please refer to Section 5.3 of our Privacy Policy.

9.3 Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services and do not endorse or guarantee their availability, accuracy, or security.

9.4 Third-Party Links

The Services may contain links to third-party websites. We are not responsible for the content, policies, or practices of any third-party websites.

10. Team Relationships (Owners and Employees)

10.1 Owner-Employee Relationships

The Services allow business owners to link with employees. These relationships exist solely within the App and do not create any employment, agency, partnership, or joint venture relationship with OnPoint App.

10.2 Owner Responsibilities

As an owner, you are solely responsible for:

• Ensuring you have legal authority to manage employee data
• Complying with all applicable employment and privacy laws
• Obtaining necessary consents from employees
• The accuracy of job, time, and payment data you record

10.3 Employee Responsibilities

As an employee, you acknowledge that:

• Data you enter may be visible to your linked owner
• Your owner may have administrative control over job-related data
• Unlinking from an owner may result in loss of access to historical job data

11. Data and Backups

11.1 No Guaranteed Backup

While we use commercially reasonable efforts to maintain data availability, WE DO NOT GUARANTEE THAT YOUR DATA WILL BE BACKED UP, PRESERVED, OR RECOVERABLE.

11.2 Your Responsibility to Backup

You are solely responsible for maintaining your own backups of important data. We recommend regularly exporting critical information.

11.3 Data Loss

12. Service Availability

12.1 No Uptime Guarantee

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES. The Services may be subject to:

• Scheduled maintenance
• Unscheduled downtime
• Service interruptions
• Discontinuation of features

12.2 Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation.

12.3 Force Majeure

We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including natural disasters, wars, terrorism, pandemics, government actions, power failures, internet outages, or third-party service failures.

13. Disclaimer of Warranties

13.1 "As Is" and "As Available"

13.2 Specific Disclaimers

13.3 No Professional Advice

THE SERVICES DO NOT CONSTITUTE LEGAL, ACCOUNTING, TAX, EMPLOYMENT, OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT QUALIFIED PROFESSIONALS FOR SUCH MATTERS.

13.4 Jurisdictional Limitations

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, the above disclaimers apply to the maximum extent permitted by law.

14. Limitation of Liability

14.1 Exclusion of Damages

14.2 Maximum Liability Cap

14.3 Essential Purpose

The limitations in this section apply even if any limited remedy fails of its essential purpose.

14.4 Basis of the Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers and limitations of liability herein, which form an essential basis of the bargain between the parties.

14.5 Jurisdictional Limitations

FOR USERS IN THE EU/UK: Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded under applicable law

FOR USERS IN SOUTH AFRICA: These limitations apply to the maximum extent permitted under the Consumer Protection Act and other applicable laws.

FOR USERS IN AUSTRALIA: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures, you are entitled to a refund or replacement. For other failures, you are entitled to repair or refund.

15. Indemnification

15.1 Your Indemnification Obligations

15.2 Defense and Settlement

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate with our defense of such claims.

16. Account Termination

16.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in the App
• Contacting us at contact@onpointapp.net

16.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, illegal, or harmful activity
• Non-payment of subscription fees
• Extended period of inactivity
• Request by law enforcement
• Discontinuation of the Services

16.3 Effect of Termination

Upon termination:

• Your right to use the Services ceases immediately
• Your data may be deleted in accordance with our Privacy Policy
• You remain liable for any outstanding obligations
• Sections that by their nature should survive will survive (including Sections 7.3, 8, 13, 14, 15, 17, and 18)

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at contact@onpointapp.net and attempt to resolve the dispute informally for at least thirty (30) days.

17.2 Binding Arbitration (United States Users)

17.3 Class Action Waiver

If this class action waiver is found to be unenforceable as to a particular claim, then that claim (and only that claim) shall be severed from the arbitration and may be brought in court.

17.4 Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

17.5 Injunctive Relief

Nothing in this section prevents either party from seeking injunctive or other equitable relief in court to prevent imminent harm or enforce intellectual property rights.

17.6 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

17.7 Jurisdiction (Non-US Users)

For users outside the United States, any Disputes not subject to arbitration shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa, located in the Western Cape.

17.8 Time Limitation

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and OnPoint App regarding the Services and supersede all prior agreements.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid while preserving its intent.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

18.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that our affiliates are intended third-party beneficiaries of the limitations of liability and indemnification provisions.

18.6 Notices

We may provide notices to you via:

• In-app notifications
• Email to the address associated with your account
• Posting on the Services

You may provide notices to us at: contact@onpointapp.net

18.7 Headings

Section headings are for convenience only and have no legal effect.

18.8 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

18.9 Electronic Agreement

You agree that these Terms and all related documents may be executed electronically and that your electronic acceptance constitutes your signature.

19. Changes to These Terms

19.1 Modifications

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date
• We will notify you via in-app notification
• For material changes, we may require your acknowledgment before continued use

19.2 Continued Use

Your continued use of the Services after any changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

20. Contact Information

For questions or concerns about these Terms:

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