Terms And Conditions
Kestrels Services Pvt. Ltd (“Spoint” or “us” or “we”) is the developer and owner of the internet resource and operates the technology platform at www.spoint.live and Sprint Application.
These Terms and Condition constitute the User agreement (the “Agreement” or “Terms”) between Spoint and the user of Spoint Services. Your use of Spoint Services would be accessible at www.spoint.live and Application at Google Playstore and Apple App Store. By using this Website owned, hosted or maintained by Spoint, you, the user, are deemed to have agreed to comply with the following terms and conditions of use, which is a legally binding agreement between you and Spoint. These Terms govern your use of the Website, Materials and your content. For the purpose of these Terms, wherever the context so requires “you” or “your” or “user” or “customer” shall mean any natural or legal person who registers on the Application as a registered user or browses the Application The following Terms and Conditions apply to everyone who visits www.spoint.live and Applications, and they govern the relationship between Owner and you. The Terms and Conditions are also in compliance with GDPR policies though the same at this present time apply only to EU member countries’ citizens and use of their personal data.
1. SPOINT COMPANY INFORMATION
Spoint offers a technology platform for location sharing on Mobile Application Spoint. It is a location sharing website and application for people to know and connect with their friends through information about their location.
a. The content of the pages of this Website and Mobile Application is for your general information and use only. It is subject to change without notice. Unauthorised use of this Website or App may give rise to a claim for damages and/ or be a criminal offence.
By browsing and visiting the Website and Mobile Application, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail, or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number as per our records, or when we post the electronic communication on the Website or App.
e. The service statements on this Website and Mobile Application are for general description purposes only. The information contained in this Website or App should not be viewed as an offer to sell or as a solicitation to purchase any of our Services. Furthermore, not all Services may be available in every state, city or locality.
f. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website or application for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
j. The Website and Mobile Application may contain links to other third party sites. Such sites will contain their own separate terms and conditions. Your access to and use of these interactive sites will require acceptance of these separate terms and conditions.
k. You agree to use the Website and Mobile Application only for lawful purposes. You agree not to take any action that might compromise the security of the Website or App, render the Website or App inaccessible to others or otherwise cause damage to the Website or App or the content therein. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Website or App in any manner that might interfere with the rights of third parties.
l. You agree that you shall not:
a. access, monitor or copy any content or information of the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; or
b. violate the restrictions in any robot exclusion headers on this or bypass or circumvent other measures employed to prevent or limit access to this; or
c. take any action that imposes, or may impose, in the discretion of Spoint, an unreasonable or disproportionately large load on the www.spoint.live infrastructure; or deep-link to any portion of this Website (including, without limitation, the purchase path for any Services) for any purpose without our express written permissions.
m. All materials herein and all Spoint software are proprietary to Spoint(Kestrels Services Private Limited) and protected by copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Spoint.
n. You acknowledge and agree that nothing in these Terms shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in Website or any part thereof to you or any third party.
2. PROHIBITED USE
You shall not display, upload, modify, publish, transmit, update or share any information on the Website/application, that –
• Belongs to another person and to which you do not have any right;
• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner;
• Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” or unsolicited commercial advertisement;
• Harm minors in any way;
• Infringes any patent, trademark, copyright or other proprietary rights;
• Violates any law for the time being in force;
• Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• Impersonate another person;
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
You are permitted to access the Website or App in accordance with the following terms and conditions:
No part of the contents of this Website may be modified, transmitted, or otherwise used without the express permission of Spoint, except as provided herein.
Unless specifically requested, Spoint does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. By submitting or sending information or other material to Spoint, you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to Spoint, you grant Spoint the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You agree and acknowledge that by using this Website or App, any and all communications and/or information transmitted by you to or through the Website will not be treated as confidential or proprietary. You agree to defend, indemnify and hold Spoint, and its directors, officers, employees, agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or the placement or transmission of any message, content, information, software or other materials through the Website by you. References on the Website or App to Services and products or supplied software are provided by Spoint on an “as is” and “as available” basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, Spoint specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Website or App; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Spoint does not warrant or guarantee: (i) that any portion of the Website/application will be free of infection by viruses, worms, Trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the Website/application will be uninterrupted or error-free.
Under no circumstances, including, but not limited to, negligence, shall Spoint, be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials and services on this Website or any other Spoint service, even if Spoint or a Spoint authorized representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Website. In no event shall Spoint have any liability to you herein, for any claim or action arising from use of the Website (whether in contract, tort, or otherwise).
Other names, company names, brand names, registered and unregistered trademarks or service marks and logos (“the Marks”) are the property of their respective holders. Nothing contained in the Website or App should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder with respect to such use.
5. USER REGISTRATION
If at any time Spoint believes that your account and password is being misused in any manner, or that the information provided by you during the registration process is not true, inaccurate or incomplete Spoint reserves the right to cancel your account and block your access to Website(application).
You are entirely responsible for any and all activities that occur under your account. You agree to notify Spoint of any unauthorised use of your account or any breach of security. Spoint will not be liable for any loss that you may incur as a result of someone else using your password or account or your failure to comply with this section.
You are entirely responsible for all the use of services provided by the Website of Spoint through your account and Spoint will not be liable and won’t indemnify for any loss that you may incur by either using the services or acting upon any information provided by the services either directly or indirectly or by any other means.
Details of User Accounts and passwords are stored according to the encryption and cyber security guidelines laid down by the Government of India. However Spoint takes no responsibility for the protection of the same, and would not be liable under any condition to indemnify anyone for the breach of the same.
6. LINKED SITES
Linked sites are not under the control of Spoint and Spoint is not responsible for the contents of any linked site or any link contained in a linked site. Spoint provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Spoint of the site. Spoint has no control over such third party website or any offsite dealings with such third parties and the same is at your own risk. Spoint cannot guarantee the availability of such linked pages at all times.
7. WEBSITE ACCESS
You may not use any proprietary information (including images, text, page layout, or form) of www.spoint.live without express written consent. You may not use any Meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission granted by us. You shall not use any logo or other proprietary graphic or trademark of Spoint as part of the link.
You must not use the Website and Mobile Application in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not www.spoint.live (Spoint application), are responsible for all electronic communication and content sent from your computer/mobile phones to us and you must use the Website for lawful purposes only.
The Website and Mobile Application may contain multi-lingual options, however we do not guarantee or take liability for error-free translation and you are solely responsible for your actions based on the translation which may include but is not limited to the usage of services of the Website, acting upon the content of the Website etc.
Some of the services might be available only for the purpose of training and knowledge providing facilities. We take utmost care in maintaining the latest information, however you are advised to please verify the content and information before acting on it. Spoint takes no responsibility and liability for the content available on these services.
Some of the services might have terms and conditions specifically with regard to those services. You are advised to read and understand the terms and conditions before using or acting on them directly or indirectly.
We will do our utmost to ensure that availability of the Website and Mobile Application will be uninterrupted and that transmissions will be error free and that the Website and its Services do not face any technical failures. However, due to the nature of the internet and the available technology, this cannot be guaranteed. Also, your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or introduction of new facilities or Services at any time without prior notice.
However Spoint takes no guarantee and liability of the services, content and products whether provided directly by Spoint or by a third party available on the Website and you will be solely responsible for all actions taken by you either directly or indirectly with regard to the services, content and products, whether you acted on this Website or otherwise. Spoint won’t indemnify you for any losses suffered by you in this regard.
8. USE OF ANALYTICS & GPS
The Website may use Third Party Tools, including tools for web, maps and mobile analytics. Third Party Tools uses “cookies”, which are text files placed on your device, to help analyze how users use the Website/application. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Third Parties on servers in India or Cloud (any part of the world). Third Parties will use this information for the purpose of evaluating your use of the Website and Mobile Application, compiling reports on Website activity for operators and providing other Services relating to Website activity and Internet usage. Third Parties may also transfer this information to other parties where required to do so by law, or where such other parties process the information on Third Parties behalf. By using this Website, you consent to the processing of data about you by Third Parties in the manner and for the purposes set out above.
9. REVIEWS, COMMENTS AND COMMUNICATIONS
If you do post content or submit material, and unless we indicate otherwise, you grant the Owner/Website and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Owner/Website and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You agree that the rights you grant herein are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to perform all further acts necessary to perfect any of the above rights granted by you to www.spoint.live, including execution of any deeds and documents, at its request. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Owner/Website and its affiliates for all claims resulting from content you supply. www.spoint.live has the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
10. MAP, LOCATION SERVICE AND FEATURES
Timeline and current location – Current Location of a user is detected using their phone GPS, WIFI, Mobile data, fitness, motion and processed through our proprietary algorithm. Timeline which is the route a user travels is updated as and when required by the said algorithm, which joins the dots creating a line showing the entire route A to B to C to …N.
It shows the current location and timeline for time period ( 00:00 to 23:59 hrs ) of a friend or of a person whose is in the same group as you.
Live location sharing
- To share live location, you need to create a group and add members in it.
- Every group will have its own unique ID number.
- A user can also join the group by simply inputting the unique ID in the app.
- A user can join unlimited groups for free.
- A user can create(be the admin) of only 1 group for free.
- To create 2 or more groups, the user has to upgrade to the premium feature.
Smart notifications (GeoFence)
- A user can set smart notifications for other users who are in the same group.
- once user has set a smart notification on a particular user, the primary user will receive notifications of entry and exit of that user of a particular location defined in the app either by the primary or secondary person
- The primary user can set only one (1) smart notification per user for free.
- To add two (2) or more smart notifications, the user has to upgrade to the premium feature.
Map (Current Location & Timeline)-
Located on a user’s profile page. Run on Google Maps API. It shows you the current location and timeline (route) travelled by a user for the time period ( 00:00 to 23:59 hrs ) Location services off. When a user’s location services are off, there will be no timeline updates as well as it will show the last current location before the location services were switched off, hence again not updating the user’s current location.
- A user can view other group members travel history of upto one (1) day for free (which restarts every night at 12 AM)
- If a user wants to view a previous day’s timeline upto 30 days, a user will have to upgrade to the premium feature.
Groups- On creating a group of users, for e.g. group of all family members or group of your colleagues. You will be able to view all their current locations at once. Helping you know where everyone in the group is. Can be used to plan what time to meet someone (ETA). Also on clicking the direct button option helps you get to either of the users using google maps.
The SOS feature lets any user send out a SOS message (which is sent in app) to any members of the app he/she has pre-set in the settings of the app.
11. PREMIUM SUBSCRIPTION.
Subscription to premium features, would unlock all the restrictions mentioned above and are bundled together, However, individual features cannot be selected for subscriptions.
12. ADVERTISING MATERIAL
Some part of the Website and Mobile Application may contain advertising information or promotion material or other material submitted to Spoint by third parties. Responsibility for ensuring that the material submitted for inclusion on Website complies with applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings, or participation in promotions of advertisers, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Spoint will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website. Spoint reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.
13. TIMELINESS & ACCURACY
While Spoint uses reasonable efforts to include accurate and up-to-date information on the Website/application, Spoint, makes no warranties or representations as to its accuracy. Spoint assumes no liability or responsibility for any typographical or other errors or omissions in the content or regarding any information of user. Using the Website indicates that you accept these Terms. In the event of any false or misleading information, Spoint shall have the right to blacklist the particular user.
14. TYPOGRAPHICAL OR OTHER ERRORS
While Spoint takes reasonable care and skill to provide information which is accurate and up to date when first included on the Website, typographical and other errors may nevertheless occur. Spoint does not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of this Website or App at any time without notice to you. While Spoint makes reasonable efforts to prevent unauthorized tampering with the Website, Spoint does not guarantee that its efforts will always be successful. Therefore, as set below, Spoint does not warranty that the Website materials will be error-free, and disclaims any liability for such errors.
15. DATA PRIVACY
An user/Individuals have a number of other rights in relation to their personal data. They can request Spoint to:
i. rectify inaccurate data;
ii. stop processing or erase data that is no longer necessary for the purposes of processing;
iii. stop processing or erase data if the individual’s interests override the Spoint’s legitimate grounds for processing data;
iv. stop processing or erase data if processing is unlawful.
For the purpose of asking Spoint to take any of these steps, the user/individual should send the request to the Lead Supervising Authority.
The company takes the security of personal data seriously. Spoint has internal policies and controls in place to protect personal data against loss, accidental destruction, misuse or disclosure, and to ensure that data is not accessed, except by employees in the proper performance of their duties.
Where the company engages third parties to process personal data on its behalf, such parties do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organizational measures to ensure the security of data.
Some of the processing that Spoint carries out may result in risks to privacy. Where processing would result in a high risk to individual’s rights and freedoms, Spoint will carry out a Data Protection Impact Assessment to determine the necessity and proportionality of processing. This will include considering the purposes for which the activity is carried out, the risks for individuals and the measures that can be put in place to mitigate those risks.
16. APPLICABLE LAW
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. Notwithstanding the foregoing, we reserve the right to pursue any action or claim against you in any court of competent jurisdiction which we believe is the most appropriate to seek any relief. The courts at Mumbai, India shall have exclusive jurisdiction over any claims or matters arising out of these Terms and Conditions.
17. INTERNATIONAL USE
We make no representation that materials on this Website are appropriate or available for use in locations outside India. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.
18. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
19. ENTIRE AGREEMENT
21. LIMITATION OF LIABILITY
Use of the Spoint Website is at your sole risk. While Spoint makes reasonable efforts to ensure the safety and functionality of our Website or App, these efforts may fail and errors may occur. IN NO EVENT SHALL SPOINT OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE (OR THE CONTENT PROVIDED ON THIS WEBSITE OR ANY WEBSITE RELATED TO ANY THIRD PARTY), OR USERS’ INABILITY TO USE THE CONTENT CONTAINED IN THIS WEBSITE (OR ANY OTHER WEBSITE), ON ANY THEORY OF LIABILITY. SPOINT WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS WEBSITE. THESE WAIVERS APPLY EVEN IF SPOINT HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SPOINT HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE TERMS AND CONDITIONS FAILS ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless Spoint and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys’ fees and costs, that arise from your use or misuse of this Website/application, without limitation, any actual or threatened suit, demand, or claim made against Spoint arising out of or relating to the User Content, your conduct, your violation of these Terms, or your violation of the rights of any third party
24. GENERAL TERMS
a. Force Majeure: In no event shall Spoint be liable for any acts beyond its control or for any acts of God.
b. Modification of Services: We reserve the right to modify or discontinue (completely or in part) our Website, Services, or any content appearing therein. We will not be liable to you or any third party if we exercise this right.
c. No Waiver: Spoint’s failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision.
d. No Third-Party Beneficiaries or Rights: These Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Website or services will not contain any content that is prohibited by these Terms.
e. Complaints: In the event you have any complaint(s) pertaining to our Services provided through this Website, please feel free to write us at our Contact Page by providing your name, email address, physical address and contact numbers so that we may be in a position to verify details or check the authenticity of the complaints.
g. Notices: Any notices or other communications that you wish to send to us may be addressed to the registered office.
h. We reserve the right to make changes to our Website, policies, and these Terms at any time. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
i. Feedback: We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by writing to us on the Contact Page form.
j. Contact Information: If you have any questions or suggestions regarding our Terms, please write to us on the Contact Page form.