All the legal documents related to the Pont.hr domain and the usage of Pont application are available by the links below:

• CUSTOMER TERMS OF SERVICE
• USER TERMS OF SERVICE
• PRIVACY POLICY
• COOKIE POLICY
• ACCEPTABLE USE POLICY

CUSTOMER TERMS OF SERVICE

Effective – 09 December 2020

These Customer Terms of Service ("Customers Terms", "Contract") is a legal binding document which describes relations between Customer and us. We provide Customer with our service as defined below only if you agree to follow these terms. Please read this document carefully to know what you can expect from us and our service.

About Us

Our business name is Alterment OÜ and we are registered as a private limited company in the Republic of Estonia under Estonian laws with company registration number: 16116976. Place of our business is at Harju maakond, Tallinn, Kesklinna linnaosa, Pille tn 7/5-13, 10138, Estonia.

By "Alterment", "us", and "our" we mean Alterment OÜ.

You may find more information about us below.

Service

What is the service? We provide you with access to Pont ("Pont", "service") – the service that is intended to optimize your workflow and allow you to create a workspace and add users to it. You may find more information about Pont features here.

Access. Pont may be accessed on a website pont.ee ("site") or through its stand-alone version ("software"). For legal information about the software, please read the Licence Agreement. Access to Pont is free, but some features are paid and require the purchase of a subscription. When you purchase an access to software, you will receive a licence key via email.

Non error-free. Pont is a recently released product and it is not error-free and may contain some bugs and other defects.

Subscription. Subscription purchase and information about subscription are available here (link will become available shortly). Payments for subscription are made monthly in advance. Customer hereby authorizes us to charge Customer automatically at the interval and in the amount selected by Customer using its payment details specified during the purchase process. For subscription cancelation, please visit this (link) page.

Since we just released Pont, we won't charge your access to it for now. Please note that this section will be effective only for a limited testing period. In the future we will begin to charge for access to our service and we don't warrant you that any free subscription will be available. Before making any changes to this payment section we will notify you separately and give you a reasonable time before new rules become effective. Licence granted by this agreement shall be effective for a testing period and may be terminated by our own decision.

Free trial mode. We may provide you with a free temporary access to Pont at your request. In this case you will not have to pay for a subscription, but your access may have certain limits.

Modification of the Service

We may modify and update Pont. Since Pont was recently released, we may (but not obliged to) occasionally modify and update our service to make it better. We may add, modify or remove any of the features and functions of our service. Please note that such modifications will be made by us at our sole discretion.

How we will notify about modifications and updates of Pont. We will notify Customer and users only of important changes that affect the core functionality of Pont by posting an announcement on the site or by email.

Customer

Who are you? By "you" we refer to a person, reading this Customer Terms, who represents Customer on our service. Please note that the User Terms will also apply to you as a user.

Who is the Customer? By "Customer" we mean a person who has entered into this Contract in order to access the service. Customer could be a legal or natural person.

If Customer is a legal person. If you use your corporate email domain to register in our service, your organization is Customer. In order for you to enter into this Contract on behalf of Customer you must be duly authorized to represent Customer and conclude this Contract on its behalf. Please make sure you have the necessary authority to enter into this Contract on behalf of the Customer.

If Customer is a natural person. If you don't represent any legal entity, Customer is the individual creating a workspace on the service. To enter into this Contract, you must be of legal age according to the law of the state of your residence. The service should not be used by anyone under the legal age. You hereby represent that you are over the legal age.

Registration of Customer. In order to access our service, you need to go through the registration process first. You will also need to provide us information about Customer's business name, subdomain, email. As a result of successful registration, you create Customer account on our service.

After registration is done, you will be redirected to the initial configuration page.

Configuration of Customer account. During configuration of Customer account, you may select which user accounts related to Customer to add as Pont. Users selected by you ("users") will receive access to our service under their own accounts.

Your warranties. You may register Customer account and use our service only if you warrant the following:

• you do not violate any of the applicable personal data security laws. This inclusively means, that you have obtained all necessary consents from your users to process and to transfer their personal data;
• you have confirmed that any user is of legal age according to the law of the state of a user residence.

What can do Customer. Customer account has very important privileges that may control over the use of the service, including: to assign or add new users; to create, monitor or modify users actions and permissions; to modify and re-assign roles inside workspace; to manage the access to, control, remove, share posts or otherwise change, all or part of the content uploaded by users; to integrate or disable integration with API providers; and otherwise exercise its rights under the Contract.

Users roles. Customer may assign different roles to users. Some of these roles may allow users to access certain Customer's privileges, so you should be careful with your roles distribution.

New representative. If Customer decides to replace you with another representative, the Customer should contact us. We will provide you with instructions on what to do in this case. Please bear in mind that Customer is free to decide by whom to be represented.

Payments

Payment method. All payments are made via third-party payment gateway. Any other payment method requires our express consent. All payment obligations under this Agreement are non-cancelable and non-refundable.

Taxes. Customer shall bear responsibility for payment of all taxes associated with the purchase excluding those based solely on our income. If Customer's place of residence is in Estonia, then fees under this Agreement must be paid together with value added tax.

Non-payment. Upon a delay in the performance of a payment for 3 or more days, we may downgrade any fee-based features to free plans. Customer hereby acknowledges and agrees that a downgrade will result in a decrease in certain features and functionality and potential loss of access to Customer Data.

Users Content

Uploaded or created content. Using our service, users may upload or create their own content. With regard to this content, users grant us a license under User Terms to make their content accessible on the service.

Moderation. Uploaded or created content shall not violate authors right or other laws. If any content violates the law, Customer should remove it from our service.

Intellectual Property

Our intellectual property. Other than Customer and users content, our service and all of its materials are the property of Alterment OÜ and is protected by Copyright Act of the Republic of Estonia and other applicable intellectual property laws and treaties.

Trademarks. Trademarks "Alterment" and "Pont" are the property of Alterment OÜ and shall be protected by law. The trademarks and logos of third parties may also be displayed on the service. You and Customer may not use the trademark of Alterment or third parties without a prior written consent of its owner.

Your right to use Pont. We grant Customer a licence for the sole purpose of enabling Customer to use our service as provided by these Customer Terms. This licence is:

• worldwide (it is valid in any country);
• limited (it is limited to its purpose);
• non-exclusive (we may also grant our rights to other persons besides Customer);
• non-transferable (Customer cannot transfer this licence to other persons).

Licence is granted for use of our service in accordance with the Acceptable Use Policy for the term of this Agreement.

Publicity. We may use Customer name and logo to identify Customer as a client of our service. Customer may withdraw consent to such identification anytime by contacting us at the email address stated in the "Contacts" section of these terms.

Third Parties

API providers. We use third-parties application programming interface ("API") to integrate Customer and users information and data into our system.

We support API of the following API providers:

• Google – for sign up / sign in (more information here);
• Slack – for onboarding, task allocation (more information here);
• Youtrack – for time tracking, issue management (more information here);
• Toggl – for time tracking (more information here);
• Gitlab – for project management (more information here);
• Github – for project management (more information here).

You may find more information about third-parties API usage in our Privacy Policy. Customer and users relations with API providers are governed by separate agreements with such API providers and we have no control over these relations. Please make sure to learn about relations with the API providers by examining all applicable agreements.

Through the service you may integrate Customer account with API providers, which will allow an exchange, transmission, modification, or removal of data between us and the API provider. You hereby acknowledge that we are not responsible for any access or any other use of Customer and users data by the API providers.

Third parties links. Pont may contain links to third party websites, which are governed by their own terms of service and privacy policies. We are not responsible for the content or privacy of third party websites, so we encourage you to check third parties privacy and security policies before providing them with any information.

No Warranty

Pont is a new product and we cannot give you any warranties. We do not provide Customer with any warranty in connection with our service. Pont is a recently released product and it is not error-free and may contain some bugs and other defects. Service is provided "as is" and "as available" without any warranties. Alterment hereby disclaims all warranties and conditions with regard to this service, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title, and non-infringement. By accepting these terms, you acknowledge that for the first period Pont will be available for free, because of the possibility of different errors and defects.

Warranties withdrawal may not apply to you. This section shall be effective to the maximum extent permitted by applicable law. The laws of certain countries do not allow to limit any warranties. You should check if this section applies to you.

Liability

We are responsible to you for foreseeable loss and damage caused by us. If we do not reasonably meet our commitments to Customer, we are responsible for loss or damage Customer suffers that is a foreseeable result of our breaking Customer Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.

Payment failure. We are not responsible for any payment failure or delay caused by any errors or inaccuracy in payment details provided by Customer or payment gateway failure.

When we are not liable. To the extent not prohibited by applicable law, we shall not be liable for any loss or damage resulting from: any changes of the service not provided by us; violation of the Customers Terms, User Terms or Privacy Policy by you, Customer or a user; any unauthorized access to Customer or user account; third party actions.

We are not liable for business losses. If Customer uses our service for commercial or business purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not liable for third parties. We are not responsible for the content or privacy of third party websites or software since we do not have any control over them.

Limitation of liability. Our total liability under these Customer Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will be limited to the total charges paid by Customer under these Customer Terms for the service.

Force majeure. Customer and we are not liable for breaching of obligations due to circumstances which are beyond the control of the obligor and which, at the time the contract was entered into or the noncontractual obligation arose, the obligor could not reasonably have been expected to take into account, avoid or overcome the impediment or the consequences thereof which the obligor could not reasonably have been expected to overcome. You and we hereby agree that the following circumstances shall be deemed as a force majeure: technological attacks; damaging of the hardware hosting our service.

Applicable Law and Dispute Resolution

Which law is applicable to these terms. Customer Terms and relations between Customer and us are governed by the law based on the following:

• if Customer is a natural person, then:
  • if Customer domicile is in the United Kingdom, the United States of America (including all of its territories), Canada, Cayman Islands, British Virgin Islands, Australia or Gibraltar these terms shall be governed by the law of England and Wales, without giving effect to its conflicts of laws principles;
  • if Customer domicile is the European Union and the rest of the world, these terms shall be governed by the law of the Republic of Estonia, without giving effect to its conflicts of laws principles.
• if Customer is a legal person, then:
  • if Customer is founded in the United Kingdom, the United States of America (including all of its territories), Canada, Cayman Islands, British Virgin Islands, Australia or Gibraltar these terms shall be governed by the law of England and Wales, without giving effect to its conflicts of laws principles;
  • if Customer is founded in the European Union and the rest of the world, these terms shall be governed by the law of the Republic of Estonia, without giving effect to its conflicts of laws principles.

In any case, the United Nations Convention on Contracts for the International Sale of Goods shall not apply to our relations.

Consumer laws. Pont is a tool that is intended to be used by business, so it is not designed to be oriented for consumers. You hereby acknowledge and agree that no consumer laws apply to this Customer Terms.

How we shall resolve disputes. If any dispute arises, Customer and we will send a written notice to the other. We will send Customer such notice using Customer email provided during registration on the service. Customer will send us such notice to the email stated in the "Contacts" section of these terms.

Customer and we will attempt to resolve the dispute through direct negotiations in good faith. If we fail to resolve such a dispute on our own or if no response to the notice has been received, the respective dispute shall be submitted to the court in accordance with the rules below.

Where claims may be brought. If Customer is a natural person, all actions under these terms may be filed with the court of Customer residence or with the court of the seat of Alterment OÜ.

If Customer is a legal person, all claims shall be brought exclusively in the Harju County Court (Tallinn, Estonia).

General Provisions

Term. This Agreement is for unspecified term and may be terminated by either party by giving a prior notice at any time and in its sole discretion, by giving the other party 10 (Ten) days prior notice in writing.

Privacy policy. Please read our Privacy Policy for more information on how we process users personal data.

Modifications of the Customer Terms. We may change these Customer Terms (also including subscription prices and details) at our sole discretion. We will provide you with notice prior to the change taking effect. All notices about upcoming changes will be sent to Customer email or published as an announcement on our site. Unless otherwise defined in the notice, all changes will become effective upon posting on this page a modified version of the Customer Terms. You can find the latest version of these terms at https://pont.ee/terms-and-conditions. Date of last updates is stated at the top.

Assignment. Customer may not assign or delegate any of the rights or obligations hereunder without the prior written consent of us. We may assign or delegate any of the rights or obligations hereunder in our sole discretion.

Independent contractors. Customer and Alterment are independent contractors. The Contract does not create any form of partnership between the parties.

Entire agreement. These Customer Terms, including any terms incorporated by reference, constitute the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter unless otherwise specified in the Customer Terms. To the extent of any conflict or inconsistency between these Customer Terms and any other documents referenced here, these Customer Terms shall prevail.

Severability. If any part of these Customer Terms is held to be illegal or unenforceable neither the validity, nor the enforceability of the remainder of these terms shall be affected. The choice of applicable law and jurisdiction is an independent agreement between Customer and us and does not depend on other terms of this document.

Waiver. The failure of either party to enforce its rights under these Customer Terms at any time for any period shall not be construed as a waiver of such rights.

Contacts

For any legal questions or questions regarding these Customer Terms please contact us at legal@pont.ee.

For service support and for other questions you may contact us at support@pont.ee or at our mailing address below:

Alterment OÜ

Pille tn 7/5-13, 10138,

Harju maakond,

Tallinn, Kesklinna linnaosa,

Estonia