Terms of Use

Last updated: January 17, 2025

These Terms of Use (“Terms”) apply to all users of Services belonging to Insight Bay (“Services”), and to all parties who visit the Insight Bay website (“Website”) at www.insight-bay.com. As used in these Terms, “You” and “you” include all such parties, whether they are acting on their own behalf, or on behalf of or as part of a company or other entity.

By visiting the Website or any of its products and services, you are representing and affirming that you have read, understand, and agreed that you are bound by these Terms, have the proper parental/ adult supervision, and agree to these Terms. If you do not agree to these Terms, you are not permitted to use Insight Bay Services.

The terms “we”, “us” and “our” used below refer to Insight Bay.

If you are an enterprise user or you obtained a subscription or right to use the app from a third party authorized to do so by Insight Bay, these terms do not apply to you.

1. Who May Use the Services / Subscriptions

You’re right to use the paid Services depends on the timely paying the required fees. Users must obtain a subscription to use the Services. All users must comply with these terms. You agree to use the Services only as permitted in these Terms. 

2. Use Restrictions

You accept and assume sole responsibility for your use of the Services.

You may not share your log-in info or access credentials or allow anyone else to use them to access the Services.

You agree that you will always comply with all applicable laws in connection with your use of the Services. This means not violating any applicable law, legal right or protection relevant to your country or zone, including but not limited to third parties’ privacy rights and intellectual property rights.

The Services may not be used for, or in connection with any of the following, any or all of which may result in your account being temporarily suspended or permanently terminated, at our sole discretion:

·         Email solicitation, Mass Emailing, Spamming, Phishing, and the like

·         Violating anyone’s privacy rights

·         Financial/monetary fraud or schemes

·         Computer fraud or other computer crimes

·         Defamation, discrimination, or harassment

·         Funding, encouraging, or facilitating any criminal or other illegal activities

·         Promoting, encouraging, or requesting any form of violence or harm to anyone

·         Collecting any of the following: credit card information, highly-sensitive information such as log-in credentials for other sites or Services

·         Online content that includes fields for the submitter to provide the personal information of any third party where the submitter does not have the permission of the third party to provide such information

·         Promoting your or other third-party product(s) or service(s) on our Services or website

·         Promoting products or services on social media or other websites where such actions violate the terms of use or community guidelines of such Services or websites 

·         Including a third party’s copyrighted or trademarked content or trade secrets in your generated content without that party’s permission

·         Encouraging violence, bullying, or harm to others

·         Prompting, Gathering, collecting, or asking for or suggesting pornographic or sexually explicit content, or promote or encourage prostitution or other activities involving the exchange of sexual services as part of any transaction

·         Any other activity prohibited under these Terms or under applicable law

You agree that we have the absolute and unconditional right to remove any account/user/content that we in our sole discretion believe is being used or may be used in connection with any of the above prohibited purposes or activities, whether such use is by you or other third-party entities, that may use your generated content. In cases where we remove your content, we may at our sole discretion, also disable your access to any past or future access.

You and your agents hereby forever release Insight Bay from any and all responsibility for any and all wrongs and violations of our terms or of the law committed by you relating to your use of the Services.

You agree not to reproduce, duplicate, reverse engineer, copy, sell, resell, or exploit for any commercial purposes the Services or any portion thereof or the offer or sell the right to use our Services.

3. User Accounts and Content

You accept and have sole responsibility for the account information, visuals and access, and other content that you create, or that is generated as you use the Services. When you make such content accessible to the “public”, or set your account settings to allow public visility, you acknowledge and agree that the content will in fact be available to the public on our websites.

By publicly displaying your account content to the public, you accept that it represents your own decision and bears no relation to Inisight Bay employees, affiliated members and subscribers. We encourage you to keep your account contents private and only share the content with persons who have your permission.

You agree that you will not assert any copyright claim or other intellectual property claims or rights in the content generated with the Services against Insight Bay, and that you waive any such legal claims against Insight Bay. You acknowledge and agree that Insight Bay has the right to access our websites and Services, and that we may contact users to see how to improve the product experience.  

4. Account Creation and Security

You must provide a valid email address and any other information requested in order to fully complete the signup process. You may only create a separate login for as many Users as your current Insight Bay plan allows. The sharing of your Insight Bay Account login credentials is strictly prohibited. You are responsible for maintaining the security of each User’s account, username and password and for ensuring that each User associated with your Insight Bay Account complies with these Terms. You may not access the Insight Bay Services through automated methods, such as using bots or computer code to call or ping the Services or our website. If you require a multi-user plan, please contact support@insight-bay.com for assistance.

5. Payments, Renewals and Promotions

A. Payments. We charge sales taxes on subscriptions where we are required to do so under applicable law. No other taxes will be charged. You are responsible for payment of any and all taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties, that may be imposed on you by any governing authority in any jurisdiction in connection with your subscription.

Insight Bay offers payments through third-party payment processors. By making payments to us for Insight Bay services, you indicate that you have reviewed these Terms and the privacy policy of the payment processor that processes your payment to us.

If you use a credit card to pay for your Insight Bay subscription, you represent and warrant that the credit card information you provide is correct and that you will promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, Insight Bay may suspend or cancel your Insight Bay subscription.

B. Automatic Renewal. For relevant subscriptions, you will be billed in advance on a recurring, periodic basis. Your Insight Bay subscription will automatically renew at the end of each billing cycle until you cancel your subscription or when you downgrade, if applicable. You may also send us a request if you need assistance to downgrade, pause and cancel your subscription.

Turning off auto-renew prevents your payment method from being charged at your next billing date, or if you pay by invoice, prevents your next invoice from being issued.

C. Refunds. If for any reason you cancel your account within 30 days of your payment made directly to Insight Bay, you may request and receive a refund. Refunds may take up to 10 business days to show up in the customer’s account. Here is a link for more information regarding payments and refunds.

6. Use of Data

You accept and agree that you have sole responsibility for the information, data, and content (collectively “Data”) you receive or collect from or in the content you create or use in connection with the Services, and for what you do with that Data. You agree that Insight Bay is not responsible for and does not own any of that Data.

You hereby authorize us to access, use and display Data for the purpose of and to the extent necessary to provide the Services to you, customer support to you, to protect the Data, to protect our online and computer resources from unlawful cyberattacks, and to fulfil our legal obligations. 

See our privacy policy for more info on how we gather, use, and disclose personal and private information to which we are given access in connection with our provision and operation of the Services – including your personal information. We will not modify Data or your personal info, or sell or rent it to any other party.

Term and Termination. You are permitted to use the Services for the period of time for which you have paid the required fees to use the Services. You agree that we may immediately and shut off your access to the Services if you materially breach any provision of this Agreement.

No Warranties. The services are provided as-is. insight bay and affiliated members disclaim all implied representations and warranties, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, and non-infringement of third-party rights, to the maximum extent permitted by applicable law.

Insight Bay is not liable for any loss or damage from your (or your Users’) failure to comply with these Terms. You are solely responsible for all Data posted to your account, and for Data you collect from submissions, whether or not you personally posted, gathered, or received the Data.

7. Indemnification

You agree that you will defend Insight Bay against claims, including but not limited to lawsuits, brought by third parties against Insight Bay arising out of your generated content or your use of the Services or your use, collection, or disclosure of Data; this includes but is not limited to claims that arise from your violation of these Terms or of the law or of another person or entity’s legal rights or of intellectual property rights such as copyright, trademark, or patent rights. You also agree to indemnify Insight Bay against damages and costs (including reasonable attorneys’ fees and court costs) awarded by a court or other tribunal in favor of the claimant or in settlement of the claim. We will defend and indemnify you against third party lawsuits arising out of Insight Bay’s violation of applicable law, and we reserve the right to settle such claims out of court, at our expense, without your approval. 

8. Limitation of Liability  

Except as impermissible under law, in no event shall insight bay’s liability arising out of or related to this agreement whether in contract, tort or under any other theory of liability, exceed in the aggregate the total amount paid by you for the services in the twelve (12) months immediately preceding when the claim arose.

Insight bay accepts no liability for the actions of any third party you engage or work with to assist or help you with your use of our services.

9. Limitation on Types of Damages

Except if and to the extent prohibited by law, in no event shall we be liable to you for any or all of the following types of damages, whether arising at common law or by statute: damages for lost profits, lost time, lost business, or lost revenues, reimbursement of monies paid by you to third parties to help you use or learn to use the services or to deal with real or perceived issues with the services, for any form of copyright or other intellectual property damages arising from our display or use of content in whole or part that you have created using our the services, as described in section 10 of these terms, or for any indirect, special, punitive, incidental, or consequential damages arising from your use of the services or our operation of the services, even if you have advised us of the possibility of such damages occurring.

10. Other Provisions

A. Modifications To the Services. Insight Bay reserves the right to modify the Services, and to stop offering the Services, with or without notice to you. We always endeavor to improve the Services, but we do not warrant or guarantee that any particular features or functionality will always be available during the term of your use of the Services. Insight Bay shall not be liable to you or any third party for any such modifications or changes.

B. Application and Site Availability. Insight Bay makes no warranty provided by the Services and You are solely responsible for any issues, problems, or damage you experience because of a mistake or error you make in connection with creating content from any of our Services.

C. Other Email Communications. By giving your email address to Insight Bay, you agree to receive occasional administrative, announcements, newsletters, sales, and marketing emails from Insight Bay. You can choose to opt out of these emails by clicking on the “unsubscribe” link at the end of the emails.

D. Trademarks / Use of Insight Bay Links. You may not use or display the Insight Bay trademark or logo without our written permission. If you include a link to an Insight Bay product in your content: (a) the link(s) must not suggest or otherwise create the false appearance that Insight Bay is affiliated with any person, entity, or product, or suggest that Insight Bay otherwise endorses, sponsors or are affiliated with any such thing; (b) the appearance, position and other aspects of any Insight Bay links may not be such as to damage or dilute the goodwill associated with the Insight Bay name and trademarks; (c) all links to our websites must “point” to the URL “www.insight-bay.com” and not to other pages within the Website.

E. Assignment. You may not assign any or all of your rights or obligations under this Agreement without the prior written consent of Insight Bay. If we do give our consent, you agree to ensure that the assignee agrees in writing to the terms of this Agreement. 

F. Relationship of the parties; No Third-Party Beneficiaries. The parties hereto are independent entities. Nothing in this Agreement or any attachment hereto creates or will create any partnership, joint venture, agency, franchise, or employment relationship between the parties. There are no third-party beneficiaries to this Agreement. 

G. Limitations Period. The parties agree that no claim shall be initiated or filed against the other party more than one year after the cause of action arises. 

H. Force Majeure. Insight Bay shall not be liable to you for any delay or failure to perform hereunder (excluding payment obligations which may be delayed but not excused) due to circumstances our party’s reasonable control, including acts of God, acts of government, pandemic, flood, fire, earthquakes, civil unrest, acts of terror, labor strikes, service disruptions involving hardware, software or power systems not within such party’s reasonable control, and denial of service attacks.

I. Agreement. This Agreement, together with the Attachments hereto, represents the entire agreement of the parties concerning the subject matter thereof and is intended to be the final expression of their parties’ agreement and intent. This Agreement supersedes all prior and contemporaneous agreements, proposals, and representations, whether written or oral. The parties agree that any terms or conditions stated or referenced in or on a document or documents other than this Agreement that contradict this Agreement are null and void. No amendment, addendum, or other document the intent of which is to add to or otherwise modify the Agreement, or waiver of any provision of the Agreement, shall be effective unless in writing and signed by both parties. 

J. Severability; Construing; Counterparts. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect. The parties expressly agree that this Agreement shall not be construed against either party as the drafter. This Agreement may be executed in counterparts.  

K. Effect of Termination. Upon the expiration of your subscription, or termination of this Agreement for any reason, you agree to cease all access to and use of the Insight Bay Services. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue the hosting of your content and Data, and to delete Data pursuant to our internal policies.

L. Modifications To Terms. Insight Bay may, in its sole and absolute discretion, modify these Terms from time to time. If you object to any such changes, your sole recourse shall be to cease using the Insight Bay Services. Continued use of the Insight Bay Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

M. Links. You acknowledge, understand, and agree that Insight Bay does not endorse or bear any responsibility for any third party’s website, product, or service that we mention or link to on our website or in connection with the Services.

N. No Waiver / Headings / Survival of Terms. The failure of Insight Bay to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Insight Bay and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. 

O. Third Party Vendors. If, in your use of the Services, you enable or use services or functionality from third parties not affiliated with Insight Bay, such as integrations, you are giving your consent to the Services and the third party provider performing all actions deemed necessary for the performance of service including but not exclusive to implementing vendor integration services into a live production environment without any additional authorization by you. Insight Bay makes no warranties or representations whatsoever with regard to any such services, functionality, or merchandise provided by Third Party Vendors.

Questions

If you have any questions about the terms of use, please feel free to contact us.