Terms of Service

Agreement to these terms

Pointerly is operated by SEAN LUIS GUADA RODRIGUEZ CONSULTORIA EM TECNOLOGIA DA INFORMACAO LTDA, CNPJ 47.348.090/0001-70, with its registered office at Avenida Prefeito Osmar Cunha, 416, Centro, Florianópolis – SC, CEP 88015-100, Brazil ("Pointerly", "we", "us"). These Terms of Service ("Terms") are an agreement between you and Pointerly. They govern your use of the Pointerly websites, web app, iOS app, browser extension, API, and related services (together, the "Service").

By creating an account, joining a workspace, connecting an account, or otherwise using the Service, you accept these Terms and the policies they refer to, including the Acceptable Use Policy, the Privacy Policy, and the Cookie Policy. If you use the Service for an organization, you accept these Terms for that organization and confirm you have authority to do so; "you" then means both you and the organization. If you do not agree, do not use the Service.

A separate written agreement signed by Pointerly, such as an enterprise order form or data processing agreement, takes precedence over these Terms where they conflict.

Definitions

• Workspace (also called a team): the account space where links, pages, automations, connected accounts, and billing live.
• Customer Content: anything you or your workspace members submit to, create in, or connect to the Service, including link destinations, pages, media, messages, prompts, imported data, and data received from connected accounts.
• End Users: people who interact with your Customer Content, such as visitors to your links and pages, and people who comment on your posts or exchange messages with your connected accounts.
• Third-Party Platforms: services we do not operate that you connect or use through Pointerly, such as Meta (Instagram, Facebook, WhatsApp), TikTok, Google and YouTube, Telegram, Amazon, other retailers and affiliate networks, and Stripe.

The service

Pointerly provides tools for creators, brands, and teams, including short links with device-aware redirects and app-opening pages, QR codes, bio pages and storefronts, affiliate link management, analytics and reports, Instagram, Facebook, WhatsApp, and Telegram automations, WhatsApp broadcasts and shop assistants, Content Studio publishing, AI-assisted content and the Poppy assistant, Creator Connect and brand campaign tools, the Delegated Workspace add-on, integrations, and billing tools.

We may change, add, or remove features. Some features are labelled beta, preview, or experimental; they are provided as they are, may change or stop, and may have reduced support. If we remove a material paid feature during a prepaid term, we will offer a reasonable alternative or a pro-rata credit for the removed feature.

Eligibility and accounts

• You must be at least 18 years old and able to enter a binding contract.
• You may not use the Service if you are barred from receiving it under applicable law, including sanctions and export control law.
• You must give accurate account information, keep it up to date, and keep your credentials secure. We recommend that you turn on multi-factor authentication.
• You are responsible for all activity under your account, and you must tell us promptly at security@pointerly.io if you suspect unauthorized access.

Workspaces, members, and roles

The workspace owner controls the workspace, including its members, roles, connected accounts, billing, and data. Owners and admins decide who has access and what each member may do. The workspace is responsible for everything its members do in it and for making sure they comply with these Terms. If you join a workspace you do not own, the owner may change your role, remove you, or delete content you created there.

If a dispute arises about who controls a workspace, we may rely on our records, such as who created it and who pays for it, and we may restrict the workspace until the dispute is resolved.

Acceptable use

You must follow our Acceptable Use and Content Policy. It lists what you may not link to, send, publish, or generate (including adult content and gambling), the rules for messaging and broadcasts, and the measures we may take when it is broken. Breaking it is a breach of these Terms.

Your content and our licence

You keep ownership of your Customer Content. You grant Pointerly and the providers we use to run the Service a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, display, format, translate, and adapt Customer Content, and to create technical derivatives such as previews, thumbnails, transcodes, and AI responses, as needed to provide, secure, support, and improve the Service. For content you publish or make public, such as bio pages, storefronts, and posts you ask us to publish, the licence includes displaying and distributing it to the audiences you choose. The licence lasts while the content is in the Service and for the time needed to delete it from backups.

You confirm that you have all rights, consents, and permissions needed for Customer Content and for us to use it as these Terms describe, and that it does not break the law, these Terms, or anyone else's rights.

We may use aggregated or de-identified data that does not identify you or any individual to operate, analyse, and improve the Service. If you send us feedback or suggestions, we may use them without obligation to you.

You can export or delete much of your content in the product. How we handle personal data in Customer Content is described in our Privacy Policy.

Links, messages, and publishing

You choose where your links lead, what your pages show, which messages your automations and broadcasts send, and what Content Studio publishes. Pointerly carries out those instructions as a tool and does not review them in advance. In particular:

• You are responsible for every link destination, including after you or anyone else changes the link or the page it points to.
• You are the sender of messages and broadcasts sent from your connected accounts, and you are responsible for having the recipient's permission and for honouring opt-outs.
• You are the publisher of posts we publish to your connected accounts at your direction.
• You are responsible for affiliate, sponsorship, and advertising disclosures required by law or by the programs you use, for example under the FTC Endorsement Guides in the US, the CAP Code and ASA rules in the UK, and CONAR's rules in Brazil.

Our redirect pages may show a short page that tries to open the destination app, and our routing may choose a destination variant based on device, country, or test settings you configure. We may also add tracking parameters, such as affiliate sub-IDs, where you enable them.

Third-party platforms and integrations

When you connect a Third-Party Platform, you authorize Pointerly to access, process, and send data on your behalf as needed for the features you use. Your use of each Third-Party Platform is governed by its own terms and policies, and you must comply with them. These include, where relevant, the Meta Platform Terms and Commercial Terms, Instagram and Facebook community and messaging policies, the WhatsApp Business Terms of Service, Business Messaging Policy, and Commerce Policy, the TikTok terms and developer rules, the YouTube Terms of Service, the Telegram Terms of Service, the Amazon Associates Program Operating Agreement and Amazon policies, the terms of other retailers and affiliate networks, and the Stripe Services Agreement.

• For WhatsApp, you are the business that owns the WhatsApp Business Account and phone number you connect, and Pointerly acts as your technology provider.
• Third-Party Platforms can change their APIs, rates, approvals, and policies, limit or suspend your account, or stop working with us. We are not responsible for those decisions or their effects, including lost reach, messages that are not delivered, or lost commissions, and we may change or remove affected features.
• If a Third-Party Platform tells us, or we reasonably believe, that your use breaks its rules, we may restrict the related features.
• You may disconnect an integration at any time. Some features stop working when you do, and data already sent to a third party stays there under its terms.

Affiliate programs and partner data

Your relationship with each affiliate program, retailer, or brand is your own. You must follow the program's rules, and you remain responsible for your tags, accounts, and earnings. Pointerly does not join affiliate programs on your behalf, does not receive your commissions, and does not guarantee that a program will track, attribute, approve, or pay any commission. Earnings, conversion, and attribution figures in Pointerly may be estimates and may differ from what the program reports.

• You must not re-export, resell, disclose, or use restricted partner data in breach of platform policy or law.
• Amazon Ads API and Creator Connections data is treated as restricted partner data. Automated third-party exports of it are blocked by default; any allowed export must be started by you and sent only to a destination you connected.
• Official Amazon Creator Connections API sync is available only after Amazon grants the required approval, scopes, and endpoint access.

AI features

Pointerly offers AI features, including Poppy, AI-generated posts, captions, and scripts, message and keyword suggestions, and AI used by shop assistants and Delegated Workspace operators. These features send the relevant inputs to third-party AI providers, as described in our Privacy Policy.

• AI output can be wrong, incomplete, offensive, or similar to content generated for others. It is not professional advice. You must review it before you publish, send, or rely on it, and you are responsible for what you do with it.
• Where Poppy offers to take an action in your workspace, it asks you to confirm first. Actions you confirm are your actions.
• To the extent we have any rights in AI output generated for you, we assign them to you. We do not promise that AI output is protectable by copyright or free of third-party rights.
• If you add your own AI provider key, calls made with it are governed by your agreement with that provider and are billed by that provider.
• AI usage may be limited by plan quotas or credits and may be billed as described below.

Delegated Workspace

Delegated Workspace is a paid add-on in which Pointerly staff ("operators") carry out work in your workspace on your instructions, such as preparing links, posts, scripts, and automations.

• By enabling the add-on, you authorize operators assigned to your workspace to access it and act in it within the operator role. That role excludes billing, member management, API keys, and the browser extension, and it does not allow operators to sign or send contracts for you.
• Operators act on your requests and approvals. You remain responsible for your workspace, for the content and instructions you give, and for reviewing work before it is published or sent unless you ask an operator to publish or send it for you. Work an operator does at your request is treated as done by you for these Terms and for Third-Party Platforms.
• Operators may use Pointerly's AI features to prepare work. Operator access is limited to authorized staff, requires multi-factor authentication, and is logged.
• We provide Delegated Workspace with reasonable skill and care, but we do not promise any particular result, such as reach, sales, or commissions.
• Operator access ends when the add-on ends or when you remove it. Requests in progress may stop at that point.

Plans, credits, and billing

Prices, plan limits, and add-ons are shown on our pricing page and in the billing section of your workspace at the time you buy. Payments are processed by Stripe, and you authorize us and Stripe to charge your payment method for all amounts due.

• Subscriptions are billed in advance for each monthly or annual term and renew automatically until cancelled. Upgrades take effect immediately and may be prorated. Downgrades take effect at the end of the current term, and annual plans cannot be downgraded during the term.
• Usage-based (pay-as-you-go) charges apply when you use more than your plan includes, such as clicks, DMs, publishing, or AI usage, where that meter is enabled for your workspace. They are billed in arrears, normally once a month, at the rates shown when the usage happened. You can set spending limits where the product offers them; once a limit is reached the related activity may pause. Clicks our systems flag as automated traffic stay in your analytics but are not billed.
• Credit packs and prepaid add-ons are paid up front and used before pay-as-you-go charges. Credits have no cash value, cannot be transferred or exchanged, and are forfeited when the workspace is closed or terminated for breach. Credits do not expire while the workspace stays active unless the offer says otherwise.
• Taxes. Prices exclude taxes unless stated. You pay all applicable taxes, duties, and levies, other than taxes on our income.
• Price changes. We may change prices or plan limits. We will give at least 30 days' notice of an increase to a paid subscription, effective from the next renewal. If you do not agree, you may cancel before the change takes effect.
• Late or failed payments. If a payment fails, we may retry it, pause paid or usage-based features, and suspend the workspace if the amount stays unpaid. Undisputed amounts are still owed after suspension.
• Disputes. If you believe a charge is wrong, contact us within 60 days of the charge before filing a chargeback. We may suspend a workspace while a chargeback is open.

Cancellation and refunds

You can cancel a subscription at any time in billing settings. Cancellation takes effect at the end of the current term, and you keep access until then. Usage up to the end of the term is still billed.

Except where these Terms say otherwise or the law requires it, fees, usage charges, and credit packs are non-refundable, including for partial terms, unused credits, and unused features. We do not refund fees when we suspend or terminate an account for a serious breach of these Terms or the Acceptable Use Policy, to the extent the law allows.

Consumer protection law in some countries gives consumers a right to withdraw from an online purchase within a short period, for example 7 days under Article 49 of Brazil's Consumer Defense Code, or 14 days in the European Union and the United Kingdom unless you asked the service to start immediately and acknowledged that you would lose the right. Nothing in these Terms limits those rights. To use them, contact support@pointerly.io.

Brand payments

Where available, Pointerly lets brands pay creators through Stripe Connect. Creators who receive payments must create a Stripe account and accept the Stripe Connected Account Agreement. Stripe, not Pointerly, holds and transfers the funds and performs identity checks. Pointerly charges the brand a platform fee shown at checkout, may hold funds until a deliverable is approved and any hold period ends, and may reverse or withhold transfers in case of fraud, chargebacks, or breach. Pointerly is not a party to the agreement between a brand and a creator and is not responsible for the deliverables, their quality, or their legality.

Referrals and rewards

Referral and reward programs give credits or benefits under the rules shown in the product. Rewards have no cash value unless the program says otherwise, may expire as stated, and cannot be transferred. You may not refer yourself, create accounts to earn rewards, or use spam to promote your referral link. We may withhold, reverse, or cancel rewards obtained in breach of the program rules, and we may change or end a program at any time, without affecting rewards already earned in good faith.

Mobile app, extension, and API

• iOS app. If you download the app from the Apple App Store, these Terms are between you and Pointerly, not Apple. Apple has no obligation to provide maintenance or support and, to the extent the law allows, no warranty obligation for the app. Apple is not responsible for claims relating to the app, including product liability, legal compliance, or intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as they relate to the app. You must also follow the App Store terms.
• Push notifications. You can turn notifications off in your device settings.
• Browser extension. The extension acts only on pages you use it on, such as retailer storefronts you choose to import, and must be used in line with those sites' terms.
• API. API keys belong to the workspace that created them. You must keep them secret, stay within documented rate limits, and not use the API to build a product that competes with Pointerly by copying it. We may change or deprecate API versions with reasonable notice.

Suspension and termination

You may stop using the Service at any time and may delete your account in settings. Account deletion revokes access immediately and becomes permanent after a 30-day grace period. Before deleting, transfer any workspace you own to another member; workspaces that are not transferred are archived, which pauses their links and unpublishes their pages.

We may suspend or end your access, in whole or in part, if we reasonably believe that you have broken these Terms or the Acceptable Use Policy, have not paid amounts due, create a risk or legal exposure for Pointerly, other users, End Users, or partners, or that a Third-Party Platform or the law requires it. We will give notice where reasonable, and we may act without notice in serious or urgent cases. We may also end free accounts that have been inactive for a long period after giving notice.

When access ends, your right to use the Service stops, links and pages may stop working, and we may delete Customer Content after a reasonable period, except where the law requires us to keep it. Sections that by their nature should survive, such as payment obligations, licences for content already distributed, disclaimers, limitation of liability, indemnity, and dispute terms, survive termination.

Our intellectual property

Pointerly and its licensors own the Service, including software, design, text, graphics, templates, trademarks, and documentation. We give you a limited, non-exclusive, non-transferable, revocable right to use the Service under these Terms. You may not copy, modify, reverse engineer, or resell the Service, remove notices, or use our marks in a way that suggests endorsement, except as the law allows or we agree in writing.

Confidentiality and security

You must protect non-public Pointerly information, API keys, credentials, and tokens. Do not share credentials, hard-code secrets, or put them in public places. We maintain the controls described on our Security page, but you remain responsible for securing your own devices, accounts, members, and connected destinations.

Disclaimers

To the maximum extent the law allows, the Service is provided "as is" and "as available". Pointerly disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Service will be uninterrupted, error-free, or secure, that links will always resolve or open a particular app, that messages will be delivered, that data or AI output will be accurate, or that you will earn any commission, sale, or audience. We are not responsible for Third-Party Platforms, destinations you link to, or content created by users or End Users.

Limitation of liability

To the maximum extent the law allows:

• Pointerly is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, commissions, data, goodwill, or audience, business interruption, or the actions of Third-Party Platforms, even if we were told they were possible.
• Pointerly's total liability for all claims relating to the Service or these Terms is limited to the greater of (a) the amounts you paid Pointerly for the Service in the 12 months before the event giving rise to the claim and (b) USD 100.
• Pointerly is not liable for the content of links, pages, messages, posts, or AI output that you or other users create, send, or publish, or for the destinations they point to.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for fraud, for death or personal injury caused by negligence, or under mandatory consumer protection law. If you are a consumer, these limits apply only to the extent your local law allows.

Indemnity

To the extent the law allows, you will defend, indemnify, and hold harmless Pointerly, its affiliates, and their officers, employees, and contractors against all claims, demands, investigations, fines, penalties, losses, damages, costs, and expenses (including reasonable legal fees) arising from or related to:

• your Customer Content, including the destinations of your links and anything those destinations contain;
• messages, broadcasts, comments, and replies sent from your connected accounts or through your automations, including claims by recipients, regulators, or platforms about consent, spam, or privacy;
• posts published at your direction and AI output you publish, send, or use;
• products, services, offers, and promotions you advertise, sell, or link to;
• your affiliate, sponsorship, and advertising disclosures, or failure to make them;
• your breach of these Terms, the Acceptable Use Policy, the law, or the terms of a Third-Party Platform or affiliate program; and
• your infringement of anyone's rights, including intellectual property, privacy, and publicity rights.

We will tell you about a claim, let you control its defence with counsel reasonably acceptable to us, and cooperate at your cost. You may not settle a claim that imposes obligations on Pointerly without our written consent. If you are a consumer, this section applies only to the extent your local law allows.

Governing law and disputes

These Terms are governed by the laws of the Federative Republic of Brazil, without regard to conflict-of-law rules. The courts of the Comarca of Florianópolis, Santa Catarina, Brazil, have exclusive jurisdiction over disputes relating to these Terms or the Service, except that either party may seek urgent relief in any competent court.

Before starting proceedings, please contact us at support@pointerly.io so we can try to resolve the issue informally within 30 days.

If you are a consumer, you keep the protection of the mandatory laws of the country where you live and may bring proceedings in its courts. Consumers in Brazil may sue in the courts of their own domicile, and consumers in the European Union and the United Kingdom keep the mandatory consumer rights and choice of court that their law gives them.

Changes to these terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or in the product, unless a change is needed sooner for legal, security, or Third-Party Platform reasons. Changes do not apply to disputes that arose before they took effect. If you keep using the Service after a change takes effect, you accept it; if you do not agree, you must stop using the Service and may cancel your subscription.

General terms

• Entire agreement. These Terms and the policies they refer to are the whole agreement between you and Pointerly about the Service.
• Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition, or sale of assets, or to an affiliate.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages or policy changes of Third-Party Platforms or infrastructure providers.
• Severability and waiver. If a provision is found unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver.
• Notices. We may send notices to the email address on your account or show them in the product. You may send notices to the contact below.
• Language. These Terms are written in English. If we provide a translation and it conflicts with the English version, the English version applies, unless the law requires otherwise.
• Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, agency, or employment relationship.

Contact

SEAN LUIS GUADA RODRIGUEZ CONSULTORIA EM TECNOLOGIA DA INFORMACAO LTDA, Avenida Prefeito Osmar Cunha, 416, Centro, Florianópolis – SC, CEP 88015-100, Brazil. Email support@pointerly.io.

Version history

• October 2, 2026: Filled in company details, governing law (Brazil, Florianópolis), and data protection officer. Consumers keep the rights their local law gives them. Clicks flagged as automated traffic are no longer billed.
• October 1, 2026: Rewritten. Acceptable use moved to its own policy; added usage billing and credits, Delegated Workspace, AI features, third-party platform rules, brand payments, referrals, mobile app terms, indemnity for links and messages, and dispute terms.
• April 30, 2026: Previous version.