Last Updated: 03/01/2023
The PocketPoints WorkPlace App (Employee Version)
Terms and Conditions
These Terms and Conditions (the “Terms”) govern the use of the PocketPoints Workplace (Employee Version) mobile App (the “PocketPoints Workplace App”). As the licensee of the PocketPoints Workplace App, you are referred to in these Terms as “you” or “your”. Cruze Control Technologies, Inc., doing business as PocketPoints, is the developer of the PocketPoints Workplace App and is referred to in these Terms as “Pocket Points”, “we”, “us” or “our.” Cruze Control Technologies, Inc. is a California limited liability company located at ___________________.
By accessing or using the PocketPoints Workplace App, you acknowledge that you have read, understand and agree to be bound by these Terms. These Terms constitute a binding license between PocketPoints and you. If you do not agree with anything in these Terms, you may not access or use the PocketPoints Workplace App.
- Description. The PocketPoints Workplace App is a free-to-use, ad-free app that monitors your use of the mobile phone upon which the PocketPoints Workplace App is installed and awards points based on the amount of such usage (the “Intended Purpose”).
- Licensor. Even though you downloaded the PocketPoints Workplace App from the Apple App Store, the Google Play Store or another download site, these Terms are concluded between you and PocketPoints only, and not between you and Apple, Google or any other third party. PocketPoints is solely responsible for the PocketPoints Workplace App and its contents. Please see the section below entitled “Apple Clauses” for a description of the specific issues for which Apple does not assume responsibility.
- Use of the PocketPoints Workplace App.
- Provision of the PocketPoints Workplace App. Subject to your continuous compliance with these Terms, PocketPoints grants you a non-exclusive, non-transferable, non-sublicensable license to use the PocketPoints Workplace App for its Intended Purpose.
- Restrictions. You must abide by these Terms and all applicable local, state, national and foreign laws and regulations in connection with your use of the PocketPoints Workplace App. You may not (a) copy the PocketPoints Workplace App from the device to which it was initially downloaded to any other device, (b) rent, distribute, transfer, loan or sublicense rights to access or use the PocketPoints Workplace App to any third party; (c) unlock, modify, disassemble, decompile, or reverse engineer any part of the PocketPoints Workplace App, including its software components, or permit any third party to do so; (d) use the PocketPoints Workplace App for non-personal, commercial use; or (e) use the PocketPoints Workplace App in any way not expressly provided for in this Agreement.
- Registration. You are required to provide the number of your mobile device and an invitation code supplied by your employer in order to register with PocketPoints and download the PocketPoints Workplace App. The source from which you download the PocketPoints Workplace App, such as the Apple Store or Google Play Store, may require that you establish an account with such source. PocketPoints has no obligations with respect to the information you provide to the download source.
- Support. If you have questions regarding use of the PocketPoints Workplace App, you may email us at firstname.lastname@example.org.
- Suspension of Use of the PocketPoints Workplace App. In addition to any remedies that may be available to us under any applicable law, we may promptly temporarily or permanently deny, limit, suspend, or terminate your use of the PocketPoints Workplace App, if we, in our reasonable discretion, determine that (i) you have abused your rights to use the PocketPoints Workplace App; (ii) you have materially breached these Terms; or (iii) you have performed any act or omission which is harmful or likely to be harmful to us or any other third party, including other users of the PocketPoints Workplace App.
- Fees and Payment.
At the current time, we do not charge employees for the PocketPoints Workplace App. If we institute charges in the future, we will notify you of the change and provide the opportunity for you to purchase a subscription or license.
- Links to Other Websites.
The PocketPoints Workplace App may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that PocketPoints shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
- Apple Clauses. The following terms shall apply if you acquire the PocketPoints Workplace App through the Apple App Store:
- The license granted to you is limited to a non-transferable license to use the PocketPoints Workplace App on any Apple-branded products that you own or control running iOS (Apple’s proprietary operating system software); and as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
- PocketPoints is solely responsible for providing any maintenance and support with respect to the PocketPoints Workplace App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support with respect to the PocketPoints Workplace App.
- PocketPoints is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. Apple has no warranty obligation whatsoever with respect to the PocketPoints Workplace App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of PocketPoints.
- PocketPoints is responsible for addressing any claims made by you or any third party relating to the PocketPoints Workplace App or your possession and/or use of the PocketPoints Workplace App, including, but not limited to: (i) product liability claims; (ii) any claim that the PocketPoints Workplace App 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 the PocketPoints Workplace App’s use of the HealthKit and HomeKit frameworks, if any. These Terms may not limit PocketPoints’ liability to you beyond what is permitted by applicable law.
- You acknowledge that, in the event of any third party claim that the PocketPoints Workplace App or your possession and use of that the PocketPoints Workplace App infringes that third party’s intellectual property rights, PocketPoints will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third party terms of agreement when using the PocketPoints Workplace App.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
- Term. These Terms shall remain in effect for so long as you are using the PocketPoints Workplace App, provided that PocketPoints may terminate your right to the PocketPoints Workplace App at any time at its discretion, or it modifies these Terms, after which time the modified Terms become applicable.
- Effect of Termination. Upon expiration or termination of the Terms for any reason, you will be unable to further use the PocketPoints Workplace App.
- Survival. Those individual provisions that by their nature should survive in order to effectuate the purpose of these Terms shall survive its termination.
- Proprietary Rights.
- The PocketPoints Workplace App. The rights granted to you by these Terms do not constitute a sale of data, electronic documents, media, documentation or software and convey no title or ownership rights in the PocketPoints Workplace App. PocketPoints owns all rights, title and interest in and to the PocketPoints Workplace App, the Content (as defined below) contained in the PocketPoints Workplace App, and all modifications, enhancements, versions and derivative works of the foregoing, and all associated intellectual property and other proprietary rights. No license or other interest in any intellectual property right or other proprietary interest not expressly granted under these Terms is granted to you or any other entity hereunder. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the PocketPoints Workplace App. You acknowledge that the PocketPoints is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the PocketPoints Workplace App.
- Submissions. PocketPoints shall own all right, title and interest in and to any suggestions, ideas, feedback or other recommendations provided by you relating to the PocketPoints Workplace App (“Submissions”) and you agree to and hereby assign such Submissions to PocketPoints without compensation of any type.
- Warranty Disclaimers.
THE POCKETPOINTS WORKPLACE APP IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITATION, WE EXPLICITLY DISCLAIM ANY WARRANTIES (I) OF MERCHANTABILITY, (II) OF FITNESS FOR A PARTICULAR PURPOSE, (III) OF QUIET ENJOYMENT OR NON-INFRINGEMENT, (IV) ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, (V) THAT THE POCKETPOINTS WORKPLACE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, (VI) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE POCKETPOINTS WORKPLACE APP, OR (VII) WITH RESPECT TO THE IMPACT OF THE POCKETPOINTS WORKPLACE APP ON YOUR MOBILE DEVICE. YOUR SOLE REMEDY IF THE POCKETPOINTS WORKPLACE APP DOES NOT PERFORM AS YOU EXPECT IT TO OR YOU EXPERIENCE ANY OTHER PROBLEM IS TO STOP USING THE POCKETPOINTS WORKPLACE APP.
- Indemnity and Liability. You agree to indemnify and hold harmless PocketPoints and its affiliates, officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the PocketPoints Workplace App or (ii) your violation of these Terms.
- Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, (A) NEITHER POCKETPOINTS NOR ITS LICENSORS, SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL CONTENT AND TECHNOLOGY SUPPLIERS), AND THEIR RESPECTIVE OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, SAVINGS OR REVENUE OR OTHER COMMERCIAL INJURY, OR THE USE OR INABILITY TO USE THE POCKETPOINTS WORKPLACE APP AND/OR ANY OUTPUT THEREOF, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, IN ANY WAY ARISING OUT OF PROVISION OF POCKETPOINTS OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY; AND (B) POCKET POINT’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS OR YOUR USE OF THE POCKETPOINTS WORKPLACE APP SHALL NOT EXCEED TEN DOLLARS ($10.00). NEITHER POCKETPOINTS NOR ITS LICENSORS AND SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (I) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY OR LOSS OF BUSINESS; (II) FOR ANY MATTER BEYOND POCKET POINT’S REASONABLE CONTROL; OR (III) FOR ANY COMBINATION, OPERATION OR USE OF THE POCKETPOINTS WORKPLACE APP WITH TECHNOLOGY OR DATA NOT SUPPLIED BY POCKETPOINTS FOR OTHER THAN THE INTENDED PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
- Governing Law; Jurisdiction. The rights of the parties hereunder shall be governed by the laws of the State of California, without giving effect to its principles of conflicts of laws.
- Independent Contractors. Nothing contained in this Agreement shall be construed to make either you or PocketPoints an agent, partner, joint venturer, or representative of the other for any purpose. Neither party may bind the other party in any way.
- No Third-Party Beneficiaries. These Terms are made solely and specifically between and for the benefit of PocketPoints and you, and except as expressly provided herein no other person or entity shall have any rights, interests or claims hereunder or be entitled to any benefits under or on account of these Terms as a third-party beneficiary or otherwise.
- Force Majeure. Non-performance of either party shall be excused to the extent that performance is rendered impossible or commercially impracticable by any reason where failure to perform is beyond the reasonable control of the non-performing party.
- Assignment. You may not assign this Agreement, in whole or in part.
- Dispute Resolution. If a dispute arises out of or relates to this Agreement, the parties agree to use their good faith best efforts to resolve the dispute as quickly as possible through good faith negotiation. If the parties have not resolved the dispute within thirty (30) days after the dispute is made known to PocketPoints, then the parties agree to binding arbitration before a single arbitrator through arbitration administered by the American Arbitration Association under its Commercial Arbitration Procedures in Sacramento, California. Each party will be responsible for its own expenses incurred in connection with an arbitration proceeding. Each party acknowledges that this provision constitutes a material inducement upon which the other party has relied in entering into this Agreement.
- Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, such provision shall be stricken from the Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
- Entire Agreement. These Terms, including the Privacy Notice, constitute the entire agreement between the parties with respect to its subject matter and replace any prior understandings, written or oral. No other agreements or communications between the parties will have any effect on the rights, duties or obligations of the parties under, or otherwise modify, these Terms regardless of any failure of PocketPoints to object to such terms, provisions or conditions, even if such document is signed by the parties.
Amendment; Waiver. We may modify or update these terms and conditions from time to time without notice, in which case, the “Last Updated” date at the top of this page will be revised. You should review these Terms periodically for changes. Your continued use of the PocketPoints Workplace App after any such change constitutes your acceptance of the revised Terms. No clause of these Terms may be waived except by a written instrument signed by the party against whom the waiver is enforced. Failure by either party to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision.