Terms of Service

By agreeing to the following Terms of Service, personally or on behalf on an entity (“you”) are entering a legally binding agreement with Fractyl Development LLC (“we”, “us”, or “our”) concerning your access to and use of the Waypoint Application. You agree that by using this application, you have read, understood, and agree to be bound by all of these Terms.

Supplemental changes in this document may be posted and updated from time to time and are subject to immediate change. We reserve the right, in our sole discretion, to make such changes or modifications to these terms at any time and for any reason. We will alert you about any changes by updating the “last updated” date of this Terms of Service. It is your responsibility to periodically review these terms to stay informed of such updates, and will be subject to these changes after they are posted.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using Waypoint.

Intellectual Property Rights

Unless stated within the Waypoint application, through the attachment of a user ID or otherwise, all source code, functionality, software, design, audio, video, text, photographs, and graphics within the app are owned and controlled by us, and are protected by copyright laws and various intellectual property rights within the United States and other jurisdictions. Except as expressed within these Terms of Services, no part of the application may be copied, reproduced, republished, sold, licensed, or otherwise exploited for commercial purposes without our prior expressed permission.

User Registration

You are required to register within the Waypoint application. You are responsible for all content published within the app through your account, as well as the privacy of your credentials. We reserve the right to remove or change your username at our sole discretion, if that username is inappropriate, obscene, or otherwise objectionable.

Prohibited Activities

You may not access or use Waypoint for any purpose other than that for which we make the application available. As a user of the Waypoint application, you agree not to:

1. Retrieve data or content from the application to create a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
3. Make improper use of our support services or submit false reports of abuse or misconduct.
4. Attempt to impersonate another user or person or use the username of another user.
5. Use any information obtained from the application in order to harass, abuse, or harm another person.
6. Use Waypoint as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
7. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the application.
8. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Waypoint to you.
9. Delete the copyright or other proprietary rights notice from any Content.
10. Upload or transmit viruses, Trojan horses, or other material, including excessive use of spamming, that interferes with any party’s uninterrupted use and enjoyment of Waypoint or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the application.
11. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
12. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the application.
13. Use Waypoint in a manner inconsistent with any applicable laws or regulations.

User Generated Contributions

You are able to create and post content and material within Waypoint in the form of ‘notes’, which can include text, links, photos, and drawings (collectively, “Contributions”). Contributions can be viewed by other users in the application, as well as third party service providers and the Fractyl Development staff. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

Contributions by users should be held accountable to the following conditions in order to be kept.

• Contributions should not contain inappropriate, obscene, vulgar, graphic, or in any other case extreme language or imagery.
• Contributions should not be created to harm others or their image, including but not limited to: bullying, threats, defamation, abuse, humiliation, harassing, or stalking.
• Contributions should not contain private information of any individual, such as emails, phone numbers, addresses, place of work, financial information, banking information, or anything else that can subject someone to harassment and other harm.
• Contributions should not be made by any persons under the age of 13, or contain any information concerning such persons.

Failure to uphold the terms provided here with such contributions may result in, at our discretion, termination of your ability and rights to use Waypoint. Fractyl Development LLC has the exclusive right to remove any contributions from within the application for any legal reason.

Contributions License

By posting contributions within Waypoint, you automatically grant us to an unrestricted, irrevocable, non-exclusive right to use, copy, redistribute, sell, display, retitle, and distribute such contributions for any purpose, commercial or otherwise, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, to edit, redact, or otherwise change any Contributions and, if necessary, delete any Contributions at any time and for any reason, without notice.

Mobile Application Licenses

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access Waypoint: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (4) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (5) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Waypoint ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third Party Websites

Waypoint can contain user submitted, third party links to external sites. These links are not monitored before successful submission of contributions, and we therefore are not responsible to any content or action from these sites. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Privacy Policy

Please review our privacy policy, found on the iOS App Store, Google Play Store, and our website. By using Waypoint, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at support@fractyldev.com.