Pointed Terms of Service

The Services are initially offered to business customers in the United States for participants who are at least 18. You are responsible for your authorized employees, contractors, and agents and their compliance with these Terms. Provide accurate account information, protect credentials and access tokens, and remove access when it is no longer needed. Report suspected unauthorized access to info@usepointed.ai. Each party remains responsible for its own acts and omissions.

You control which users and connected tools can access your workspace. Connecting an API client, CLI, or AI agent authorizes only the actions and information access you intend. A tool’s capability does not itself authorize invitations, disclosures, deletion, publication, or commitments.

Depending on your plan and enabled features, Pointed helps you configure interviews, invite contacts, conduct automated AI interviews, record and transcribe responses, generate summaries and insights, create story materials or videos, export materials, and use connected tools. Certain modes support requested phone calls, results delivery, or scheduling. Feature availability does not establish permission to contact a person or use their content.

We grant you a limited, non-exclusive, non-transferable right to use the Services for your permitted business purposes during your agreed access period. We may modify the Services, subject to signed commitments. Roadmaps and sales discussions do not create delivery obligations unless incorporated into a signed agreement. Beta and preview features may be incomplete, change, or be withdrawn.

We use service providers for hosting, authentication, communications, media, AI, transcription, and related operations. Some modes send audio to an AI provider while the participant speaks. Our provider information is at /subprocessors. Authorized personnel and providers may access information to provide support, diagnose problems, evaluate service quality within agreed instructions, address abuse or security, and comply with law. This does not authorize unrelated marketing or publication.

Unless a signed order form specifies otherwise, we do not promise a particular uptime, response time, or service level. Recording completion, transcription, analysis, results delivery, and a meeting booking are distinct outcomes; verify the relevant confirmed result before relying on it.

We use PostHog behavior analytics on dashboard and interview pages to understand how the Services are used and improve their operation. Analytics is limited to structured page and interaction events, technical status, and pseudonymous or session identifiers. We do not send interview recordings, answers, transcripts, generated stories or prompts to PostHog, and we do not use session replay. Your affirmative acceptance of these Terms includes this disclosed analytics use. Interview participants receive a separate notice and participation consent flow; they do not become parties to this business agreement. Our Privacy Policy explains the analytics processing.

A pilot or design-partner arrangement is governed by these Terms and its signed program or order form. Free pilots may be ended by either party on written notice unless otherwise agreed. Paid pilots follow their agreed term and cancellation provisions. Labeling access a pilot does not cancel paid commitments.

We may use voluntary product feedback without restriction or compensation. Customer data and participant content do not become unrestricted feedback merely because they appear in a support conversation. Non-public product, roadmap, pricing, and performance information remains protected under Section 9.

Fees, payment dates, usage limits, subscription duration, and renewal terms must be stated in an order form or expressly accepted purchase flow. These Terms do not create automatic renewal or authorize unspecified charges. Fees exclude taxes other than taxes on Pointed’s net income.

Fees are non-refundable except as required by law or agreed in the order form. If we terminate a paid term for convenience, we refund prepaid fees for the unused portion. We may suspend service for undisputed overdue fees after notice and a reasonable opportunity to resolve non-payment. A good-faith dispute does not waive amounts ultimately due.

Canceling a monthly subscription stops renewal at the end of the paid period under the accepted purchase terms. New work may pause after that period, but cancellation does not itself close your account or delete saved interviews, recordings, transcripts or stories. Unused interview allowances do not roll over and do not create automatic overage charges. Account closure and export are addressed in Section 11.

You determine whom to invite and why information is collected. You must have the lawful basis, notices, and permissions required to supply contact details, send invitations and permitted reminders, conduct and record interviews, and use the results. Pointed remains responsible for its own legal obligations. Invite only people with an existing business relationship or permission to be contacted; do not use purchased or scraped lists or contact someone who has opted out.

Before capture or transmission begins, the participant must receive an appropriate notice identifying the AI interviewer, commissioning organization, capture mode, purpose, recipients, privacy information and the disclosed behavior analytics, and provide any required affirmative consent. Retain evidence and do not suppress or bypass notices or controls. Browser device permission, an invitation link, and your acceptance of these Terms are not substitutes for participant permission.

Provide any additional privacy notice required for your own processing. Participants may decline or stop. Explain that stopping does not automatically delete collected information. Optional calls, results emails, follow-up, meetings, and publication require authorization appropriate to their own purposes.

Do not request, and instruct participants not to submit, protected health information, payment-card data, government identifiers, passwords, information about children, special categories of personal data, or third-party confidential information they cannot lawfully share. Pointed does not agree to act as a HIPAA business associate under these Terms. Notify us if restricted information is discovered so restriction or deletion can be arranged.

You must respond to participant rights requests for information held on your behalf. We assist under applicable law and the DPA, route requests to you, and act directly where legally required or otherwise authorized. A phone-interview request authorizes the described interview and related operational communications, not unrelated promotional calls or texts.

Do not violate law or another person’s privacy, publicity, confidentiality, intellectual-property, or other rights; harass, threaten, deceive, discriminate against, exploit, or impersonate people; bypass security or consent; remove recording indicators; interfere with the Services; or access another person’s information without authorization.

Do not present edited, synthesized, or AI-generated content as a verified or verbatim participant statement when it is not. Do not use interview content for employment, credit, insurance, housing, or similarly significant decisions about a participant, or infer emotions from a participant’s face or voice.

Do not forward private invitations or result links to unauthorized people. Public demo links may be distributed only within the feature’s authorized scope. Do not reverse engineer protected systems except where law permits, use the Services to build or train a competing product, or resell the Services without an express signed agreement. These restrictions do not remove your rights in your own data or lawfully authorized participant content.

Customer Data includes information you and your users supply and interview information processed for you. Participant Content includes recordings, statements, names, voices, likenesses, answers, transcripts, and derived materials. You retain your existing rights; these Terms do not transfer a participant’s rights to you or Pointed.

To the extent authorized, you instruct and grant Pointed and its authorized providers a non-exclusive, worldwide, royalty-free right to host, copy, transmit, record, transcribe, analyze, transform, generate outputs from, and display Customer Data solely to provide requested Services, carry out documented instructions, support and evaluate service delivery, prevent abuse, and comply with law. The DPA, notices, permissions, and applicable law limit that right. It does not authorize independent advertising, public use, or unrelated profiling.

Unless a participant separately grants broader rights in an independent agreement with you, you may use and share Participant Content only inside your organization. This default does not authorize sharing with the participant’s employer or other outside recipients. The participant notice must describe the recipients and uses. Creating a summary, clip, story, or video does not expand the rights in the source material. Separately requested delivery of a participant’s own results must be explained and authorized for that purpose; it is not general external-sharing permission.

Public marketing, advertising, case studies, social media, or other publication requires a separate written agreement between you and the participant covering the actual material, attribution, recipients, channels, and purpose. Obtain and retain that agreement, verify employer and third-party permissions, and disclose incentives where required. Recording consent, customer Terms acceptance, a results link, a download, or a generated video never automatically clears content for publication. Pointed does not obtain that agreement for you unless expressly agreed in writing.

As between Pointed and Customer, we assign any rights Pointed may have in outputs generated specifically for Customer, subject to underlying rights and these Terms. Outputs may not be unique or copyrightable. Neither Pointed nor its providers may use Customer Data or Participant Content to train or fine-tune AI models. AI inference and service-quality evaluation are distinct from training and remain limited to their permitted purposes. Provider processing is governed by the applicable DPA and agreements; the required provider restrictions must be established before processing begins.

We may use aggregated or de-identified operational information to improve the Services where individuals and Customer cannot reasonably be identified, subject to law and the DPA. This does not permit AI model training or fine-tuning using Customer Data or Participant Content. We do not attempt to re-identify de-identified information. Identifiable transcripts are not de-identified usage data. Pointed and its licensors retain rights in the Services and related software, models, methods, and interfaces.

AI questions, transcripts, summaries, insights, and edited media may be inaccurate, incomplete, biased, or unsupported by the source. They are not professional advice. Review source material, accuracy, attribution, and permissions before relying on or distributing outputs. Do not imply fabricated statements are a participant’s own words.

You are responsible for tools you choose to connect and the instructions and access you give them. Copies exported to another tool or person are subject to that recipient’s practices. We cannot recall copies outside our control.

Each party will protect the other’s non-public information with reasonable care, use it only for permitted purposes, and disclose it only to personnel, advisers, and authorized providers that need access and have appropriate confidentiality obligations. Customer Data and Participant Content are Customer’s confidential information for this agreement, without overriding participants’ own rights.

This does not cover information demonstrably public without breach, lawfully known without restriction, independently developed, or lawfully received from another source without a confidentiality obligation. Required disclosure must be limited to what law requires, with notice and reasonable assistance where permitted.

Obligations continue for three years after termination; trade secrets and confidential Participant Content remain protected as long as applicable protection continues. Return or destruction follows Section 11 and the DPA. Legally retained copies and backups remain protected and limited to their remaining purpose.

You generally act as controller or equivalent business for commissioned interviews, and Pointed acts as processor or equivalent service provider under documented instructions. Pointed’s separate purposes, including account administration, security, business inquiries, and Pointed-run demos, are described in the Privacy Policy and require their own lawful basis.

Where law requires a DPA or other processing terms, those terms must be in place before relevant processing begins. Required transfer safeguards must also be in place before international transfers. Acceptance of these Terms or recording consent is not a substitute.

We maintain safeguards appropriate to our processing and agreed commitments. No security certification is represented unless expressly stated in a signed agreement. We notify customers of qualifying incidents as required by law and the DPA and comply with agreed response and assistance duties.

You may stop using the Services, but this does not cancel fees or commitments for an agreed paid term. We may suspend access reasonably necessary to address material breach, unlawful use, or security threats, with notice and an opportunity to resolve where practical and lawful. Either party may terminate an uncured material breach after notice and reasonable opportunity to cure, unless it cannot be cured. Pointed may terminate for convenience on 30 days’ notice, subject to signed commitments and the refund in Section 4.

For routine account closure, contact info@usepointed.ai to arrange a 30-day opportunity to export your information before full closure. We confirm the start of that period and the authorized export or return process with your organization, subject to applicable law, security restrictions, and your order form or DPA. After that period, we initiate coordinated deletion or return of Customer Data under the applicable retention schedule and legal requirements. The export period is not a promise that all provider or backup copies are erased within 30 days. Retained information remains protected and limited to its justified purpose. You control copies you independently retain or distribute. Subscription cancellation is separate from this closure process.

Accrued payments and provisions intended to continue remain effective, including confidentiality, content-use limits, AI output responsibilities, offboarding, liability, claims, disputes, and data-protection duties while information is retained. Survival does not extend processing beyond its permitted purpose or retention.

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR EXPRESS COMMITMENTS IN THESE TERMS, A DPA, OR SIGNED ORDER FORM, THE SERVICES AND OUTPUTS ARE PROVIDED AS IS AND AS AVAILABLE. POINTED DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not promise uninterrupted or error-free service, perfectly accurate outputs, a particular business result, or participant rights beyond those obtained. This does not eliminate express confidentiality, security, data-protection, or offboarding duties or non-waivable rights.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM THIS AGREEMENT. SUBJECT TO THE EXCEPTIONS BELOW, POINTED’S TOTAL LIABILITY WILL NOT EXCEED THE FEES CUSTOMER PAID POINTED IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF CUSTOMER PAID NO FEES IN THAT PERIOD, THIS CAP IS ZERO. THIS CAP DOES NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

These exclusions and limits do not apply to Customer’s indemnification duties, Customer’s breach of Sections 5, 6, or 7, either party’s fraud, gross negligence, or willful misconduct, or liability that cannot lawfully be limited. Specific signed DPA or order-form provisions control as described in Section 16.

Customer will defend and indemnify Pointed and its officers, directors, employees, and agents against third-party claims and resulting damages, penalties, and reasonable legal fees to the extent caused by Customer’s unlawful provision of contacts, lack of required participant permissions, use beyond its rights, or material breach of these Terms or law. This does not apply to the extent caused by Pointed’s breach, negligence, willful misconduct, or unauthorized use of Customer Data.

Pointed must provide prompt notice and reasonable cooperation at Customer’s expense and allow Customer to control the defense with competent counsel. Delayed notice reduces obligations only to the extent of material prejudice. Pointed may participate at its expense. A settlement admitting Pointed’s wrongdoing, imposing non-monetary duties, or failing to release Pointed requires its consent, not unreasonably withheld.

Delaware law governs, excluding conflict-of-laws rules and subject to mandatory law. Before formal proceedings, give written notice and attempt good-faith resolution for 30 days. This does not prevent urgent protective relief or a filing needed to preserve a deadline.

Unless the parties agree otherwise in a signed agreement, the state and federal courts in Wilmington, Delaware have exclusive jurisdiction, subject to mandatory law. These business dispute terms do not bind an interview participant merely because they took an interview.

We will post updated Terms with an effective date and provide appropriate notice of material changes. Where affirmative acceptance is required, continued use is not a substitute. Updates do not retroactively expand rights to Participant Content or override a signed fixed-term commitment.

Notices go to your designated account/order-form contact or to Pointed at info@usepointed.ai and the address below. Neither party may use the other’s identity or logo in public marketing without written consent; customer publicity permission does not grant participant publicity rights.

Customer may assign to a successor in a merger or acquisition on notice; other assignments require consent. Pointed may assign to an affiliate or successor assuming its duties. Both parties must comply with applicable sanctions and export-control law. They are independent contractors. Participants are not parties to this business agreement; their legal and separate contractual rights remain unaffected.

Events beyond reasonable control may excuse delays if reasonable mitigation and recovery steps are taken, but do not excuse accrued payments or continuing confidentiality and applicable data-protection duties.

These Terms and applicable signed order forms and DPAs form the service agreement. For personal-data protection, the DPA controls conflicting order-form or Terms language unless the DPA expressly permits a specific change. For other matters, the signed order form controls. Purchase-order or vendor-portal terms do not apply without express written acceptance. An unenforceable provision is limited to the minimum necessary; the remainder continues. Failure to enforce is not a waiver.

Legal questions and notices: info@usepointed.ai. Privacy requests: info@usepointed.ai. Security reports: info@usepointed.ai.

Pointed AI Inc., 4047 Louisiana Street, San Diego, CA 92104.