These terms and conditions exclusively govern the relationship between Tripointer and its Users. By completing the registration form (the “Registration Form”) expressing an intent to use the service (as defined below), users agree to have read and understood the terms set forth in this Terms of Use, including the terms of the Privacy Policy as may be amended from time to time (collectively, the "Terms"). Users agree to be bound by them and to comply with all applicable laws and regulations regarding the use of this Website and/or service. These Terms apply to users’ activity and define users’ rights and obligations under contract. If users do not agree to these Terms, please do not use this Website and/or any of the services provided by Tripointer.
1.1. Tripointer.com is a web application designed to create smart itineraries with the help of artificial intelligence, customised for web and mobile devices. It is used as a trip planner.
1.2. The Web Application is not tailored to comply with industry-specific regulations. If your interactions would be subjected to such laws, you may not use this Web Application. You may not use the Web Application in a way that would violate the General Data Protection Regulation (GDPR).
2.1. You are granted a non-transferable, non-exclusive licence to use and/or install the Licensed Web Application on any mobile device, or using a web browser website, owned or controlled by the end-user, as permitted by the Usage Rules set forth in this section and the mobile platform Terms of Service.
2.2. This licence also governs any updates of the Web Application provided by Licensor that replace, repair, and/or supplement the first Web Application unless a separate licence is provided for such update.
2.3. You may not reverse engineer, translate, disassemble, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Web Application, or any part thereof, except with Tripointer Ltd's prior written consent. or attempt to derive the source code of the Web Application, or any part thereof (except with Tripointer Ltd‘s prior written consent).
2.4. You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter the Web Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time.
2.5. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.6. Licensor reserves the right to modify the terms and conditions of licensing.
2.7. Nothing in this licence should be interpreted to restrict third-party terms. When using the Web Application, You must ensure that You comply with applicable third-party terms and conditions.
In order to be an Tripointer User and use the Services, it is essential that Users complete the following steps: 1) Login with a google account;
2) Agree to the Users Terms and Conditions
3) Agree to the Privacy Policy
4) Agree to the Cookies Policy
3.1. Users warrant that all the information regarding its identity and capacity provided to Tripointer Ltd is true, accurate and complete. In addition, Users undertake to keep their details updated.
3.2. If a User provides any false, inaccurate or incomplete information, documentations or if Tripointer considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Tripointer may deny the User’s current or future access to, and use of, the Website or any of its contents and/or Services.
3.3. The User will be able to create an account in Tripointer through Google Authenticator (the “Account”).
3.4. Users undertake not to disclose the details of their Account or allow access thereto to third parties. Users shall be solely responsible for any use of such details that may be made by third parties, including for statements made on the Website or any other action carried out under their Account. Users must immediately inform Tripointer, by sending an email to info@tripointer.com, if their Account is stolen, disclosed or lost.
3.5. Licensor attempts to keep the Web Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.6. You acknowledge that it is Your responsibility to confirm and determine that the service and/or the app end-user device on which You intend to use the Web Application satisfies the technical specifications mentioned above.
3.7. Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Web Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Web Application.
4.2 Tripointer Ltd and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Web Application.
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Web Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: https://tripointer.com/privacy-policy/.
The Web Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Web Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Web Application and through third-party websites or Web Applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Web Application, and other users of the Web Application to use your Contributions in any manner contemplated by the Web Application and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Web Application and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Web Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Web Application.
By posting your Contributions to any part of the Web Application or making Contributions accessible to the Web Application by linking your account from the Web Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Web Application. You are solely responsible for your Contributions to the Web Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Web Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Web Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Web Application, You will not have access to licensed Web Application.
9.1 Licensor warrants that the Web Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Web Application works as described in the user documentation.
9.2 No warranty is provided for the Web Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Tripointer Ltd‘s sphere of influence that affect the executability of the Web Application.
9.3 You are required to inspect the Web Application immediately after installing it and notify Tripointer Ltd about issues discovered without delay by email provided in Product Claims . The defect report will be taken into consideration and further investigated if it has been mailed within a period of 90 days after discovery.
9.4 If we confirm that the Web Application is defective, Tripointer Ltd reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Web Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Web Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Web Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
Tripointer Ltd and the End-User acknowledge that Tripointer Ltd, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Web Application or the End-User’s possession and/or use of that licensed Web Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Web Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Web Application’s use of the HealthKit and HomeKit.
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the licensed Web Application, please contact us using the contact us page
The licence is valid until terminated by Tripointer Ltd or by You. Your rights under this licence will terminate automatically and without notice from Tripointer Ltd if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of the Web Application, and destroy all copies, full or partial, of the Web Application.
Tripointer Ltd represents and warrants that Tripointer Ltd will comply with applicable third-party terms of agreement when using licensed Web Application.
Tripointer Ltd and the End-User acknowledge that, in the event of any third-party claim that the licensed Web Application or the End-User’s possession and use of that licensed Web Application infringes on the third party’s intellectual property rights, Tripointer Ltd, and not Google Play, Apple, will be solely responsible for the investigation, defence, settlement and discharge or any such intellectual property infringement claims.
This licence agreement is governed by the laws of IL excluding its conflicts of law rules.
17 .1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17 .2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE WEB APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE WEB APPLICATION . YOUR USE OF THE SITE AND OUR MOBILE WEB APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE Web Application IS SOLELY AT YOUR OWN RISK.