Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and ONPOINT ("we", "our", or "us") governing your access to and use of the ONPOINT website, desktop application, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

2. Eligibility

You must be at least 16 years old and have the legal capacity to enter into a binding agreement to use our Services.

3. License and Open Source

ONPOINT is open source software licensed under the GNU Affero General Public License v3.0 (AGPL-3.0). You are free to use, study, modify, and redistribute the software in accordance with the terms of the AGPL-3.0 license. The full license text is available in the project's source repository.

Nothing in these Terms restricts any rights granted to you under the AGPL-3.0 license. In the event of any conflict between these Terms and the AGPL-3.0, the AGPL-3.0 prevails with respect to the software.

4. Your Content

ONPOINT is a local-first application. All notes, files, and content you create are stored exclusively on your device. You retain full ownership of your content at all times. We do not access, collect, or store your content on any server.

5. Prohibited Conduct

When using our website and Services, you agree not to:

• Violate any applicable laws or regulations.
• Interfere with or disrupt the integrity or performance of our website.
• Use automated means to scrape or access our website in a way that degrades its availability.
• Transmit malware, viruses, or other harmful code.
• Misrepresent your identity or affiliation with ONPOINT.

6. Intellectual Property

The ONPOINT name, logo, and branding are owned by ONPOINT. The software source code is licensed under the AGPL-3.0. You retain full ownership of any content you create using the application.

7. Third-Party Services

Our website uses PostHog for analytics to understand how visitors interact with our site. No analytics data is collected from the desktop application. For full details, see our Privacy Policy.

Our website and Services may contain links to third-party websites. Those sites are governed by their own terms and privacy policies, and we assume no responsibility for them.

8. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the application will be error-free or that your data will never be lost.

9. Limitation of Liability

To the maximum extent permitted by law, ONPOINT shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or revenues, whether arising from the use of or inability to use the Services. Because the Services are provided free of charge, our total aggregate liability is limited to zero dollars ($0).

10. Data and Backups

Since all data is stored locally on your device, you are solely responsible for backing up your notes and files. We are not responsible for any loss of data resulting from hardware failure, software bugs, or any other cause.

11. Termination

You may stop using the Services at any time by uninstalling the application. Since no account or server-side data exists, no further action is required on our part.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

13. Dispute Resolution

Any disputes arising from these Terms shall first be resolved through good faith negotiation. If negotiation fails, disputes shall be settled through binding arbitration in accordance with the rules of the American Arbitration Association.

14. Changes to Terms

We may modify these Terms at any time. Updated Terms will be posted on this page with a revised date. Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and the AGPL-3.0 license, constitute the entire agreement between you and ONPOINT regarding the Services, superseding any prior agreements or understandings.

17. Contact Us

If you have questions about these Terms, please contact us at [email protected].