Insight7 - Terms of Service

Terms of Service

These Terms of Service (“Terms of Service”) govern your access to and use of the insight7 services, on a paid or free trial basis. By placing an order, clicking to accept these Terms of Service, or using or accessing the Services (as defined below), you are agreeing to be bound by these terms. All terms used in these Terms of Service have the meanings set forth below:

We’ll refer to all the services we provide through the insight7 application(s) available at our (https://insight7.io/) or select third party platforms, individually and collectively as the “Services”.
We’ll refer to these Terms of Use as the “Terms,” and any form by which you agree to subscribe to the Services as the “Order Form”. We’ll refer to the Terms and Order Forms collectively as the “Agreement”.
We’ll refer to Insight7 Inc as “we,” “us,” “our” or “Insight7”.
We’ll refer to you, an entity purchasing the Services for use by individuals you designate, or an individual authorized by the entity to access the Services on its behalf, as “you”, “User”, “Customer” (with respect to an entity), or “Authorized User”.
“Subscription Term” means the initial term for the subscription to the applicable Services as stated in the Order Form and then each subsequent renewal term (if any).
In this Agreement, the words “include” and “including” will not be construed as terms of limitation.

Please read these Terms and Conditions carefully before using our website and Services with a free or paid subscription account. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, Customers, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Our collection and use of personal information in connection with Customers’ and Authorized Users’ access to and use of the Services is described in our Privacy Policy.

Scope and Your Right to Use the Services

We provide the Insight7 software repository to organize, store, discover and collaborate on customer and market research data. The User has the right to access and use the Software subject to these Terms. We provide the software repository and accompanying features to the User as a Service (“SaaS”) and no license is granted to the User. In particular, the provision of SaaS does not include any exploitation rights, in particular but not limited any right of reproduction, right of distribution, right of exhibition, right of recitation, performance, and presentation, right of making works available to the public, right of broadcasting or any right of adaptations and transformations. During the Subscription Term, we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use and access the Services described in the applicable Order Form, pursuant to terms of this Agreement and the relevant Order Form. Your use of the Services includes the right to access all functionality available in the purchased Services in accordance with the package(s) (and any applicable usage limitations) chosen on the Order Form, as of the effective date of such Order Form.

Ownership

Insight7 acquires no right, title or interest from the User under these Terms to any of the User’s Data, non-Insight7 application or such program code. For the purpose of making Insight7 Service available to the User, the User grants Insight7 and applicable contractors a worldwide, limited-term license to host, copy, transmit and display their Data. The User acknowledges and agrees that the Software is a proprietary product of Insight7. The User further acknowledges and agrees that the entire right, title, and interest in and to the Software including associated intellectual property rights, shall remain with Insight7. Insight7 retains all rights not expressly granted to the User under these Terms. Services Updates Your use of the Services includes the right to access all functionality available in the product to which you subscribed in the Order Form, on the effective date of such Order Form. We may enhance and modify the Services and introduce new Services from time to time but will provide you with notice unless such changes are of minor nature with no material effect on our contractual obligations. Except with respect to free trials, we will not make changes to the Services that materially reduce the functionality you purchased for the applicable Subscription Term. To the extent we make available any new or different features, functionality or enhancements to the Services, we will market these separately and may require the payment of additional fees. Documentation is available online and constantly being developed and improved, and as a result, during a Subscription Term we may update the documentation to reflect best practice with the relevant Services, provided that these changes do not substantially diminish your rights or create substantial Customer obligations. You agree that we shall not be liable to you or any third party for any modification of the Services in keeping with this section.

Subscription and Fees

A free plan of the Insight7 software may continue to be available with limited functionality and the functionality may be reduced in the future. Additional functionality is available to users subscribing for a paid plan. Depending on your usage of the Service, you may be required to upgrade to one of our paid plans located at: https://insight7.io/pricing/ to continue using the Service at the same capacity. Paid plans are billed on a subscription basis. In such cases, and unless otherwise specified in your Order Form, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a subscription. You agree to pay the fees applicable to your subscription and any other applicable fees, including but not limited to fees relating to the processing of transactions under your account (“Fees”). All initial and recurring Fees will be charged to the credit card that you authorize for your account. It is your responsibility to keep your authorized credit card valid and up to date at all times. We may terminate or block access to your account if your credit card becomes expired or otherwise invalid at the time any Fees become due. Insight7 in its sole discretion and at any time, may modify the subscription fees for the subscriptions. Any subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with a reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

Cancellations

Users can cancel their subscription at any time through their account settings. Cancellation will take effect at the end of the current billing cycle, and users will retain access to the platform until that date.

Refunds

We do not offer refunds for partially used subscription periods. However, if you experience technical issues preventing you from using the service, please contact our support team at cs@insight7.io for assistance. Refunds may be granted at our discretion in cases where Insight7 fails to provide access due to an error on our part.

Renewals

At the end of each Billing Cycle, your subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your subscription renewal either through your online account management page or by contacting our customer support team.

Links to other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Insight7. Insight7 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Insight7 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Protection of data

Insight7 will maintain administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of the Software and uploaded Data. Whenever we transfer your information we ensure to do so compliant with applicable data protection laws. Insight7 will use commercially reasonable efforts to make the Software available 24 hours a day, 7 days a week. Insight7 is not responsible for downtime that is due to technical or other issues that are not within the reach of Insight7 (e.g. higher force, third party negligence, etc.). Insight7 has the right to interrupt the availability of the Software for maintenance and other technical procedures. Insight7 will notify the User at least forty-eight (48) hours in advance about interruptions and maintenance of the system which are estimated to last longer than ten (10) minutes. If you would like us to delete any of your data, please contact us via email to hello@insight7.io. We commit to responding to such requests within a reasonable timeframe.

Apple App Store Addendum

If you access the Insight7 Services through Apple Inc.’s App Store (the “Apple App”), the following terms apply in addition to the existing Terms of Service:

Acknowledgement: this Agreement is between you and Insight7 only, and not with Apple. Insight7 is solely responsible for the Apple App and the Services.
Scope of License: your right to use the Apple App is limited to a non-transferable license to use it on any Apple-branded products you own or control, and as permitted by Apple’s App Store rules.
Maintenance and Support: Apple has no obligation to provide maintenance or support services for the Apple App. Any maintenance or support is provided solely by Insight7.
Warranty Disclaimer: to the maximum extent permitted by law, Apple provides no warranty for the Apple App. Insight7 is solely responsible for addressing any issues or claims relating to the app or its content.
Product Claims: Insight7, not Apple, is responsible for addressing any claims by you or any third party relating to the Apple App or your use of it, including product liability or legal compliance claims.
Intellectual Property Rights: Insight7 is solely responsible for any third-party intellectual property claims relating to the Apple App.
Third-Party Beneficiary: Apple and its affiliates are third-party beneficiaries of this Agreement, with the right to enforce this addendum against you.
Subscriptions and Payments: If you purchase a subscription via the Apple App, payment is processed by Apple. Subscription management, cancellations, and refunds are handled through your Apple ID account according to Apple’s policies.

Limitations of Liability

INSIGHT7’S (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES) MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO INSIGHT7 IN CONNECTION WITH THE SUBSCRIPTION TERM IN WHICH THE ACTION GIVING RISE TO LIABILITY OCCURRED, OR (B) $100. TO THE EXTENT PERMITTED UNDER LAW, INSIGHT7 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INSIGHT7 AND YOU, AND THEY WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.

Disclaimer

Your use of the service is at your sole risk. Other than for the data protection, data privacy, warranties and other agreements provided herein, the service is provided on an “as is” and “as available” basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Insight7 Inc its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Termination

Either party may terminate for any reason with thirty (30) days written notice. Immediate termination can occur if a party breaches the Agreement and fails to remedy within thirty (30) days. You can give notice to terminate via email to hello@insight7.io. Upon termination, any Data which you have not saved will be lost as we will completely delete your account with all of its Data (i.e. in particular your entered documents, pictures, graphics, movies, audio, other files, data or links). We will inform you about this consequence before deleting your account. Upon termination of this Agreement your right to use the Software will automatically end on the termination date and you must cease all use of the Software by the termination date. Upon termination or expiration of this Agreement for any reason: (a) all rights and obligations of both parties, including all licenses granted hereunder, shall immediately terminate (except that all payment obligations accrued prior to termination or expiration shall survive) ; and (b) each party shall return or destroy all confidential information of the other party. Additionally, Insight7 shall have no obligation to retain any of your data after any termination or expiration of this Agreement and may delete all your data, unless required by applicable law.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of law principles. General Terms Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at cs@insight7.io.

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