Terms of Service

PointUp provides tools for businesses to manage sales, items, services, customers, appointments, online ordering, team access, reports, notifications, and related workflows.

You must use PointUp only in compliance with applicable laws and these Terms. You are responsible for the activity that happens under your account and for keeping your login credentials secure.

To use business dashboard features, you must create an account and provide accurate information. You must keep account and business information reasonably up to date.

You are responsible for:

• maintaining the confidentiality of your password and sessions
• ensuring team members have appropriate permissions
• promptly removing access for people who should no longer use the business account
• notifying us if you believe your account has been compromised

PointUp is intended for businesses and their authorized users. It is not intended for children to create business accounts.

PointUp services are provided electronically through the website and related APIs. To use PointUp, you need internet access, a modern web browser with JavaScript enabled, cookies/local storage for sign-in and preferences, and an email address for account and security messages.

PointUp may send service, security, verification, invitation, appointment, order, receipt, and notification messages related to use of the service. Marketing messages, if introduced, will be sent only with the prior consent required by the Electronic Communications Law of 12 July 2024 (Prawo komunikacji elektronicznej).

Complaints about PointUp can be sent to hello@pointup.sale. Please include the account email, business name, affected feature, description of the issue, and any relevant screenshots or identifiers. We respond to complaints within 14 days of receiving them; for consumers and sole traders contracting on consumer terms, a complaint that is not answered within that time is treated as accepted.

Businesses control the information they add to PointUp, including customer records, staff records, catalog data, transactions, appointments, online orders, notes, payment references, uploaded files, and other business content.

You are responsible for:

• having appropriate rights and authority to enter, upload, use, and share the data you add to PointUp
• providing any notices or obtaining any consents required under the EU General Data Protection Regulation (GDPR/RODO) and Polish data protection law for your customers, staff, or other people whose information you store in PointUp
• keeping customer and business records accurate where needed for your operations
• deleting or correcting information when appropriate
• deciding which team members can access business data

PointUp may process this data to provide the service, as described in the Privacy Policy.

If you enable public store, online order, or appointment booking features, you are responsible for the products, services, prices, availability, pickup details, appointment details, business profile, payment instructions, and other information shown to customers.

You are responsible for fulfilling orders, appointments, refunds, cancellations, customer support, tax obligations, and any disputes with your customers. PointUp provides software tools but is not the seller, service provider, payment processor, tax adviser, accountant, or legal adviser for your business.

Purchases and bookings made through a store or booking page are agreements between the customer and that business, not PointUp. You are responsible for giving your customers the information the law requires for online sales, including the pre-contract information, withdrawal rights, and complaint handling that Polish and EU consumer law require.

PointUp may help record payment methods, payment references, linked bank details, online payment settings, and uploaded payment confirmation files. PointUp does not process card payments, hold funds, guarantee payment completion, or verify that a customer payment has settled.

Receipts, order confirmations, reports, and payment summaries generated by PointUp are operational records for convenience. Unless separately configured and legally validated by you, they are not VAT invoices, structured invoices issued through KSeF, or fiscal receipts from a cash register (kasa fiskalna), and they are not legal proof of purchase.

You are responsible for verifying payments, issuing legally required receipts or invoices, calculating taxes, and meeting accounting or financial obligations for your business.

You must not use PointUp to:

• violate laws or third-party rights
• upload, store, or share unlawful, harmful, abusive, deceptive, or infringing content
• interfere with or disrupt PointUp, its infrastructure, or other users
• attempt to access data, accounts, systems, or integrations without authorization
• reverse engineer, scrape, or abuse the service except as permitted by law or written permission
• use PointUp to send spam, phishing, malware, or abusive communications
• store unnecessary sensitive information or payment card data in fields not designed for that purpose

We may suspend or restrict access if we believe an account or activity violates these Terms, creates risk, or may harm PointUp, users, customers, providers, or the public.

Anyone can report content on PointUp, such as a store, product, image, or booking page, that they believe is unlawful or violates these Terms by emailing hello@pointup.sale. Please include:

• the exact URL or other location of the content
• an explanation of why you believe it is unlawful or violates these Terms
• your name and email address
• a statement that you believe in good faith that the information in your notice is accurate and complete

We confirm receipt, review each notice diligently and objectively, and tell the sender our decision. Notices and moderation decisions are reviewed by a person; we do not use automated tools to remove content or restrict accounts.

If we remove or disable content, or suspend or restrict an account, we tell the affected business the reasons, the facts we relied on, and how to contest the decision, unless the law prevents us from doing so. You can contest a decision by replying to that message or emailing us.

Notices are handled under Article 16 of the Digital Services Act. This email address is also our single point of contact for users (Article 12) and for Member State authorities, the European Commission, and the European Board for Digital Services (Article 11); we communicate in English and Polish.

You retain ownership of the business content and files you upload or enter into PointUp. You grant PointUp the limited right to host, store, process, display, transmit, and otherwise use that content as needed to provide and improve the service, operate integrations, troubleshoot issues, and comply with obligations.

You represent that you have the rights needed to upload and use content in PointUp, including images, logos, gallery files, item data, customer data, and payment confirmation files.

PointUp uses and integrates with third-party services such as hosting, database, file storage, analytics, email, Telegram, AI-assisted spreadsheet parsing, web push, and OAuth-connected applications.

Third-party services may have their own terms, policies, availability, and processing practices. PointUp is not responsible for third-party services outside our control. If you connect or authorize an integration, you are responsible for that connection and for the data shared through it.

The Privacy Policy explains how PointUp collects, uses, stores, and shares information. For this country, personal information is handled in line with the EU General Data Protection Regulation (GDPR/RODO) and Polish data protection law. By using PointUp, you acknowledge the Privacy Policy.

PointUp may change, add, remove, suspend, or discontinue features. Some features may be beta, experimental, incomplete, or subject to change.

We aim to provide a reliable service, but PointUp may be unavailable because of maintenance, deployments, outages, provider issues, security events, or other reasons. We do not guarantee uninterrupted or error-free operation.

PointUp may offer free, beta, trial, or paid features. If paid features are introduced or enabled for your account, pricing, billing terms, taxes, renewal, cancellation, and refund details will be provided separately or at the point of purchase.

You may stop using PointUp at any time. For account or data-deletion requests, contact us. Account deactivation is handled by authorized administrators and does not delete your data.

We may suspend or terminate access if you violate these Terms, create risk, fail to pay applicable fees, or use the service in a way that may harm PointUp, users, customers, providers, or the public.

Termination may not immediately delete all information from backups, logs, third-party provider records, or records that must be retained for legitimate business, security, legal, or operational reasons.

PointUp is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

PointUp does not provide legal, tax, accounting, financial, payment processing, or professional advice. You are responsible for reviewing your own obligations and consulting qualified professionals where needed.

To the maximum extent permitted by law, PointUp will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, or business opportunities.

To the maximum extent permitted by law, PointUp's total liability for claims relating to the service or these Terms will be limited to the amount you paid to PointUp for the service in the 12 months before the event giving rise to the claim, or 100 USD (or the equivalent in PLN) if no amount was paid.

Nothing in these Terms limits rights that cannot be limited under mandatory Polish or European Union law, including the protections for sole traders contracting on consumer terms (przedsiębiorca na prawach konsumenta) under Article 385⁵ of the Civil Code where they apply.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold PointUp harmless from claims, damages, liabilities, losses, and expenses arising from your use of PointUp, your business operations, your content or data, your customers, your products or services, your integrations, or your violation of these Terms or applicable law.

These Terms are governed by Polish law, except where mandatory law requires otherwise. Any mandatory rights available to consumers or consumer-like sole traders remain unaffected.

We may update these Terms as PointUp changes. Each country version shows its latest updated date at the top. If changes are significant, we may provide notice through the site, app, or email when appropriate. Continued use of PointUp after changes means you accept the updated Terms.

For questions about these Terms, contact hello@pointup.sale.