These Terms of Service ("Terms") form a binding agreement between you and Pointbasin™ ("Pointbasin", "we", "us", or "our") governing your access to and use of pointbasin.com, our mobile applications, agentic shopping services, merchant tools, developer APIs, and related content (the "Services"). By creating an account or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Eligibility
You must be at least sixteen years old (or the age of majority in your jurisdiction, if higher) and legally capable of entering into a binding contract. If you accept these Terms on behalf of a company or other entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.
2. Accounts and Roles
You may access the Services as a Shopper, Developer, or Merchant. You agree to provide accurate, current, and complete information, to keep it updated, and to safeguard your credentials. You are responsible for all activity under your account. Notify us immediately of any unauthorised access at security@pointbasin.com.
3. The Pointbasin Platform
3.1 Agentic shopping
Pointbasin enables AI agents (operated by us or by third parties such as ChatGPT, Google AI Mode, and Copilot) to discover products, present recommendations, and submit orders on your behalf. By instructing an agent to transact through Pointbasin, you authorise that agent to act as your limited agent for that transaction. You remain responsible for reviewing and confirming the final order where required.
3.2 Merchants
Merchants list products on Pointbasin and are solely responsible for the accuracy of listings, pricing, inventory, fulfilment, returns, taxes, and compliance with applicable law. Merchants grant Pointbasin a worldwide, non-exclusive, royalty-free licence to host, display, distribute, and surface their content through the Services and through authorised agent surfaces.
3.3 Developers
Developers may access the Pointbasin API subject to documentation, rate limits, and the Pointbasin Acceptable Use Policy. API keys are confidential; you are responsible for activity performed with them.
4. Orders, Pricing, and Payments
Prices, taxes, and shipping fees are displayed at checkout in the applicable currency. By placing an order, you authorise Pointbasin (and our payment partners) to charge your selected payment method for the total amount. Where required by law, including EU consumer rules, we will confirm your order in writing and provide a clear statement of the right of withdrawal. Pointbasin is not a bank; payments are processed by regulated third-party processors.
5. Cancellations, Returns, and Refunds
Consumers in the EU and UK generally have a fourteen-day right of withdrawal for distance contracts, subject to statutory exceptions (e.g., personalised goods, sealed goods unsuitable for return for health reasons). Merchant-specific return policies apply for items outside these statutory rights and will be presented at checkout. Refunds are issued to the original payment method within fourteen days of accepted return.
6. Acceptable Use
You agree not to, and not to permit any agent or third party to:
- Use the Services for unlawful, fraudulent, deceptive, or harmful purposes.
- Infringe intellectual-property, privacy, or publicity rights.
- Upload malware, attempt to gain unauthorised access, or interfere with the Services' integrity.
- Scrape, harvest, or extract data except through documented APIs and within rate limits.
- Reverse-engineer, decompile, or attempt to derive source code, except to the extent permitted by law.
- Use the Services to develop a competing product, train competing foundation models on our proprietary content, or benchmark without our prior written consent.
- Misrepresent merchant identity, manipulate reviews, or evade fraud and risk controls.
7. Intellectual Property
The Services, including software, designs, trademarks (including Pointbasin™), and all related intellectual property, are owned by Pointbasin or its licensors and are protected by applicable laws. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Services in accordance with these Terms. All rights not expressly granted are reserved.
You retain ownership of content you submit (e.g., merchant listings, reviews). You grant Pointbasin a worldwide, royalty-free, sublicensable licence to host, reproduce, adapt, publish, translate, and distribute such content as necessary to operate and promote the Services.
8. Third-Party Services
The Services interoperate with third-party platforms, including AI agents and payment processors. Your use of those services is governed by their own terms. Pointbasin is not responsible for third-party services and does not endorse them unless expressly stated.
9. Disclaimers
Except as expressly stated in these Terms or required by law, the Services are provided "as is"and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, non-infringement, accuracy of AI-generated recommendations, and uninterrupted availability. Some jurisdictions do not allow exclusion of certain warranties; in such cases, the exclusions apply to the maximum extent permitted by law.
10. Limitation of Liability
To the maximum extent permitted by law, Pointbasin and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or related to your use of the Services. Our aggregate liability for any claim arising out of or related to the Services shall not exceed the greater of (a) the fees you paid to Pointbasin in the twelve months before the event giving rise to the claim, or (b) one hundred euro (EUR 100). Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, fraud, or gross negligence, or consumer-protection rights you cannot waive.
11. Indemnification
You agree to defend, indemnify, and hold harmless Pointbasin and its affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of (a) your use of the Services, (b) your breach of these Terms, (c) your content, or (d) your violation of any law or third-party right. This Section 11 does not apply to consumers in jurisdictions where it is unenforceable.
12. Suspension and Termination
We may suspend or terminate your access to the Services at any time, with or without notice, if you breach these Terms or if we are required to do so by law. You may close your account at any time through account settings. Sections that by their nature should survive termination will survive (including Sections 7, 9, 10, 11, 14, and 15).
13. Changes to the Services or Terms
We may modify the Services or these Terms from time to time. Material changes will be notified by email or in-product notice at least thirty days before they take effect, except where immediate change is required by law or to address a security issue. Continued use after the effective date constitutes acceptance.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles, except where mandatory consumer-protection law of your country of residence applies. Disputes shall be resolved exclusively in the state or federal courts located in Delaware, except that consumers may bring proceedings in the courts of their place of residence. EU consumers may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
15. Miscellaneous
- Entire agreement: these Terms, together with our Privacy Policy and any product-specific terms, form the entire agreement.
- Severability: if any provision is held unenforceable, the remainder remains in effect.
- No waiver: our failure to enforce a right is not a waiver of that right.
- Assignment: you may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.
- Notices: we may send notices to the email associated with your account; you may send notices to legal@pointbasin.com.
16. Contact
Questions about these Terms can be sent to legal@pointbasin.com.