Terms of Service

These Terms of Service (the “Terms”) are a binding legal agreement between you and Curry Support, LLC, an Indiana limited liability company that operates Cloud Point Data (“Cloud Point Data,” “we,” “us,” or “our”) governing your access to and use of the Cloud Point Data websites, applications, application programming interfaces, and related services (collectively, the “Service”). By creating an account, clicking “I agree” (or a similar control), accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

If you are entering into these Terms on behalf of a company, organization, or other legal entity (an “Organization” or “Customer”), you represent and warrant that you have the authority to bind that entity, and “you” refers to that entity.

Contents

1. About the Service
2. Definitions
3. Eligibility and authority
4. Accounts, roles, and security
5. Free trial
6. Plans, subscriptions, and auto-renewal
7. Fees, billing, taxes, and refunds
8. Enterprise and usage-based (overage) billing
9. Promotions and discounts
10. Plan changes, downgrades, and cancellation
11. Customer Data and your responsibilities
12. Employment decisions and legal compliance
13. Acceptable use
14. Intellectual property and license
15. Feedback
16. Third-party services
17. Suspension and termination
18. Disclaimers of warranties
19. Limitation of liability
20. Indemnification
21. Dispute resolution, arbitration, and governing law
22. Changes, notices, and general terms
23. Contact

1. About the Service

Cloud Point Data is a multi-tenant software-as-a-service platform that helps Organizations administer employee attendance and disciplinary “point” programs. Features may include configurable infractions and point values, write-ups with attached evidence, escalation thresholds, point expiration (scheduled or rolling), reporting, role-based access, file storage, support tools, and related functionality. We may add, change, or remove features from time to time as described in these Terms.

2. Definitions

• “Authorized User” means an individual whom you permit to access the Service under your account, such as an owner, administrator, manager, or other staff member.
• “Customer Data” means all data, records, files, images, and other content that you or your Authorized Users submit to, store in, or generate through the Service, including employee records, write-ups, point balances, and uploaded evidence.
• “Employee Data” means Customer Data that identifies or relates to your workforce members or other individuals about whom you maintain records in the Service.
• “Documentation” means our then-current usage guides and help materials for the Service.
• “Subscription Term” means the period for which you have purchased a subscription, including renewals.

3. Eligibility and authority

You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for business use by Organizations and their Authorized Users, and is not directed to children. By using the Service, you represent that you meet these requirements and that all registration information you provide is accurate and current.

4. Accounts, roles, and security

To use most features you must create an account and an Organization workspace. You are responsible for configuring roles and permissions for your Authorized Users and for all activity that occurs under your account, whether or not authorized by you. You agree to:

• provide and maintain accurate, complete account information;
• keep credentials confidential and require your Authorized Users to do the same;
• use reasonable measures to prevent unauthorized access; and
• notify us promptly at security@cloudpointdata.com of any suspected or actual unauthorized access or security incident affecting your account.

We are not liable for any loss or damage arising from your failure to safeguard credentials or from unauthorized use of your account.

5. Free trial

We may offer a free trial (for example, a 14-day trial) that provides limited access to the Service at no charge. Trials are provided for evaluation only and may have feature, usage, storage, or time limitations. Unless you purchase a paid subscription before the trial ends, your access will be restricted at the end of the trial and, after any grace or notice period we provide, your Customer Data may be permanently deleted in accordance with Section 17 and our data-retention practices. We may modify or discontinue trials at any time.

6. Plans, subscriptions, and auto-renewal

The Service is offered under various subscription plans and tiers described at the point of purchase. Unless otherwise stated:

• Subscriptions are billed in advance on a recurring (for example, monthly) basis for the plan you select.
• Subscriptions automatically renew at the end of each billing cycle at the then-current rates using your saved payment method, until cancelled as described in Section 10.
• You authorize us and our payment processor to charge your payment method for all applicable fees, including recurring subscription fees, applicable taxes, and any usage-based charges (see Section 8).

7. Fees, billing, taxes, and refunds

Payment processing. Payments are processed by our third-party payment processor (currently Stripe). We do not store full payment card numbers; card data is handled by the processor under its own terms and security standards. By providing a payment method, you agree to the processor’s applicable terms.

Saved payment method. With your authorization, we retain a reference to your payment method through our processor so that recurring and usage-based charges can be billed without re-entering card details. You may update or remove your saved payment method through the billing area, subject to any charges already incurred.

Taxes. Fees are exclusive of taxes. You are responsible for all sales, use, value-added, and similar taxes, excluding taxes based on our net income.

No refunds. Except where required by law, all fees are non-refundable, and we do not provide refunds or credits for partial billing periods, unused features, or downgrades. Downgrading to a lower-cost plan does not entitle you to a refund or credit for the difference (see Section 10).

Late or failed payments. If a charge fails or an amount is past due, we may retry the charge, suspend the Service, and/or restrict access until amounts are paid. You are responsible for any costs of collection.

Chargebacks. If you initiate a chargeback or payment dispute for charges that are valid under these Terms, we may suspend your account and pursue the disputed amount, plus related fees.

8. Enterprise and usage-based (overage) billing

Certain plans (including the Enterprise plan) allow usage above a plan’s included limits and bill for that additional usage (“overage”), such as per additional employee or per additional unit of storage. For plans with peak-based overage pricing:

• When your usage exceeds an included limit, the applicable overage rate applies to the additional usage.
• Overage is billed on a recurring basis for each billing cycle in which the additional usage is present — it is not a one-time charge. If your usage remains above the included limit, you will continue to be billed for that usage in each subsequent cycle.
• We reasonably determine usage based on our systems’ measurements, which are conclusive absent manifest error.

Details of included limits and overage rates are shown in the Service at the applicable plan. By selecting such a plan you authorize the resulting recurring charges.

9. Promotions and discounts

We may offer promotions, coupons, or discounts subject to additional terms stated at the time of the offer. Promotions are time-limited, may apply only to specified billing periods (for example, the first month or first several months), are not transferable or redeemable for cash, and may be modified or withdrawn. Unless stated otherwise, after a promotional period ends, standard rates apply automatically.

10. Plan changes, downgrades, and cancellation

Upgrades and downgrades. You may change plans through the billing area. Upgrades may take effect immediately and may be prorated so that you are charged only the incremental amount for the remainder of the current cycle. Downgrades take effect as described in the Service and do not generate a refund or credit for the higher amount already paid.

Cancellation. You may cancel your subscription at any time through the billing area. Cancellation stops future renewals; it does not retroactively refund the current or prior billing periods, and you retain access through the end of the paid period unless otherwise stated. After cancellation and any applicable retention window, your Customer Data may be deleted in accordance with Section 17.

11. Customer Data and your responsibilities

Ownership. As between the parties, you own and are responsible for your Customer Data. You grant us a worldwide, non-exclusive license to host, store, process, transmit, display, and otherwise use Customer Data solely to provide, maintain, secure, and improve the Service, to prevent or address technical or security issues, and as otherwise permitted by these Terms and our Privacy Policy.

Your representations. You represent and warrant that you have all rights, consents, and lawful bases necessary to submit Customer Data (including Employee Data) to the Service and to authorize our processing of it, and that your submission and use of Customer Data complies with all applicable laws.

Employee notice. Because the Service stores records about your workforce, you are responsible for providing any notices to, and obtaining any consents from, your employees or other individuals that applicable law requires, and for honoring their rights with respect to the records you maintain. We act as a service provider processing Employee Data on your behalf and at your direction, as further described in our Privacy Policy.

Accuracy and use. You are solely responsible for the accuracy, quality, legality, and appropriateness of your Customer Data and for the decisions you make using the Service.

Prohibited and sensitive data; no HIPAA. The Service is not HIPAA compliant and is not designed or intended to receive, store, or transmit protected health information (“PHI”). We have not agreed to, and will not enter into, a Business Associate Agreement, and we do not act as a “business associate” under HIPAA. Unless expressly agreed by us in a signed writing, you must not upload, store, or transmit through the Service — including in any uploaded file, image, evidence attachment, support message, or other Customer Data — any of the following: (a) protected health information, medical records, diagnoses, or other health data subject to HIPAA or similar laws; (b) full payment card numbers, financial-account credentials, or other data subject to PCI-DSS; (c) Social Security numbers or other government-issued identifiers you do not need for attendance recordkeeping; or (d) other special categories of sensitive personal data beyond what the Service is designed to store.

Your responsibility for uploads; no liability for sensitive information. You are solely responsible for all content that you or your Authorized Users upload to or transmit through the Service. To the fullest extent permitted by law, Cloud Point Data and Curry Support, LLC are not responsible or liable for any sensitive, prohibited, or protected information — including PHI or other data described above — that is uploaded or transmitted in violation of this Section, and you assume all risk and liability arising from such content. This allocation of risk is a material part of this agreement and is reflected in the disclaimers of warranties (Section 18), the limitation of liability (Section 19), and the indemnification (Section 20), and you agree to defend and indemnify us against any claims arising from such content.

Backups. While we maintain reasonable operational backups, you are responsible for retaining your own copies of Customer Data you need. Export your data before cancelling or before a trial lapses.

12. Employment decisions and legal compliance

Cloud Point Data is a software tool. We do not provide legal, human-resources, or employment advice, and we are not a party to the employment relationship between you and your workforce. You are solely responsible for your attendance and disciplinary policies, for how you configure infractions, points, thresholds, and expiration, and for all employment-related decisions (including discipline, corrective action, and termination). You are responsible for ensuring your policies and use of the Service comply with all applicable laws, including wage-and-hour, anti-discrimination, leave, accommodation, and recordkeeping laws (for example, laws concerning protected or legally excused absences). Nothing generated by the Service constitutes legal advice.

13. Acceptable use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms. Without limiting it, you agree not to: (a) access the Service to build a competing product or to benchmark without our consent; (b) reverse engineer, decompile, or attempt to derive source code except to the extent permitted by law; (c) resell, sublicense, or provide the Service to third parties except your Authorized Users; (d) upload malware or interfere with the Service’s integrity or performance; (e) attempt to gain unauthorized access to any system or data; (f) use the Service to violate the rights of others or any law; or (g) exceed rate limits or circumvent usage, security, or access controls.

14. Intellectual property and license

The Service, including its software, design, text, graphics, logos, and all related intellectual property, is owned by Cloud Point Data or its licensors and is protected by law. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during your Subscription Term for your internal business purposes. We reserve all rights not expressly granted. “Cloud Point Data” and our logos are our trademarks; you may not use them without our prior written permission.

15. Feedback

If you provide suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback for any purpose without obligation or compensation to you.

16. Third-party services

The Service relies on third-party providers (for example, hosting, database, storage, email delivery, and payment processing) and may interoperate with third-party services you choose to use. We are not responsible for third-party services, and your use of them may be subject to their own terms. A list of our key subprocessors is available in our Legal Center.

17. Suspension and termination

By you. You may stop using the Service and cancel at any time as described in Section 10.

By us. We may suspend or terminate your access, in whole or in part, if: (a) you materially breach these Terms (including non-payment) and, where the breach is curable, fail to cure within a reasonable period after notice; (b) your use poses a security, legal, or operational risk to us, the Service, or others; or (c) we are required to do so by law. We may also suspend or discontinue the Service (or any part) as described in Section 21.

Effect of termination. Upon termination or expiration, your right to access the Service ceases. Following termination, cancellation, or a lapsed trial, and after any retention or grace window we provide, we may permanently delete or purge your Customer Data, including uploaded files, in the ordinary course. Sections that by their nature should survive (including Sections 7, 11, 14, 15, 18–20, and 22) survive termination. Deleting your account may be irreversible; export any data you wish to keep beforehand.

18. Disclaimers of warranties

THE SERVICE AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DATA WILL NOT BE LOST. YOU ARE RESPONSIBLE FOR YOUR USE OF THE SERVICE AND ANY DECISIONS MADE BASED ON IT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

19. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLOUD POINT DATA OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND ARE AN ESSENTIAL BASIS OF THE BARGAIN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

20. Indemnification

You will defend, indemnify, and hold harmless Cloud Point Data and its officers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Customer Data, including Employee Data, and our authorized processing of it; (b) your use of the Service in violation of these Terms or applicable law; (c) your attendance or disciplinary policies and employment decisions; or (d) your breach of your representations in Section 11. We will provide you reasonable notice of the claim and cooperation, and you will not settle any claim in a way that imposes liability or obligations on us without our prior written consent.

21. Dispute resolution, arbitration, and governing law

Governing law. These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Indiana, without regard to its conflict-of-laws rules, and, where applicable, by U.S. federal law (including the Federal Arbitration Act). The Service is offered from Indiana and is available to customers across the United States.

Informal resolution first. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@cloudpointdata.com and giving us at least thirty (30) days to resolve it.

Binding arbitration. Except as provided below, any dispute that is not resolved informally will be resolved by binding individual arbitration administered by a recognized arbitration provider under its applicable commercial rules, rather than in court. The arbitration will be held in Indiana or, at your election, by videoconference or in your home county, and judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. YOU AND CLOUD POINT DATA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

Exceptions. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or equitable relief in a court of competent jurisdiction for infringement or misuse of intellectual property or unauthorized access to the Service. For any dispute not subject to arbitration, the state and federal courts located in Indiana will have exclusive jurisdiction, and you consent to personal jurisdiction and venue there.

Opt-out. You may opt out of the arbitration and class-action-waiver provisions by sending written notice to legal@cloudpointdata.com within thirty (30) days of first accepting these Terms, stating your name, Organization, and intent to opt out. Opting out does not affect any other provision.

Jury-trial waiver. To the extent a dispute proceeds in court rather than arbitration, each party waives any right to a jury trial to the extent permitted by law.

22. Changes, notices, and general terms

Changes to these Terms. We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new “Last updated” date or by notifying you in the Service or by email). Changes are effective when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance.

Modifications to the Service. We may modify, enhance, or discontinue features of the Service. We will not materially decrease the core functionality of a paid plan during your then-current paid cycle without a reasonable remedy.

Force majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, internet or utility failures, or third-party service outages.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

Notices. We may provide notices to you via the Service or the email associated with your account. You may send notices to us at legal@cloudpointdata.com.

Relationship. The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, or employment relationship.

Severability and waiver. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce a provision is not a waiver of it.

Entire agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, and any order or plan terms presented at purchase, constitute the entire agreement between you and Cloud Point Data regarding the Service and supersede all prior agreements on the subject.

23. Contact

Questions about these Terms? Contact us at legal@cloudpointdata.com or through the in-app support tools.

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This document is provided for general informational purposes and does not constitute legal advice. You should have your own qualified counsel review these Terms before relying on them for your business.