Terms of Service
These terms and conditions are entered into by and between you and InsightPath LLC and its affiliates (“InsightPath”, “we”, “our”, “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and use of InsightPath’s websites, systems, software applications, and services (collectively, the “Application”), whether as a guest or a registered user.
The Application is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using our Application, you represent and warrant that you are of legal age to form a binding contract with InsightPath and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.
These Terms of Service are not intended and are not to be construed to amend, modify, or supersede any other terms that may be explicitly agreed to in writing between you and InsightPath in connection with any products and services offered by InsightPath.
Modifications of these Terms of Service
InsightPath reserves the right to revise and update these Terms of Service at any time and from time to time without specific notice to you. The latest Terms of Service will be posted on this website and all changes will be effective immediately when we post them.
Your continued use of the Application following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
To use the Application, you must register, or have previously registered, an InsightPath account or user profile (an “Account”). Accounts may have one or more associated user profiles, which may provide unrestricted or limited sets of access privileges, as determined by the Account administrator and as permitted by the Application.
Creation and use of Accounts are subject to the following terms and conditions:
- When you create or update an Account, you must provide InsightPath with accurate and up-to-date information that is personal to you, including, but not limited to, your name and email address. Additionally, in order to access or use certain features offered on the Application, you will also be required to provide InsightPath with payment information (such as credit card information). InsightPath shall also have the right to obtain non-personal data related to your connection to the Application.
- Your Account username will be your email address. You must select a unique password for your Account. You may not use your real name as the password for the Account, and you cannot share your Account credentials with anyone, unless these Terms of Service allow it.
- You must maintain the confidentiality of your password, as you are responsible for all uses of your Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Account password, you must immediately notify InsightPath at firstname.lastname@example.org.
- Subject to applicable laws, minor children may utilize an Account so long as it is established by their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your “Child”) to use an Account on the Application, you hereby agree to these Terms of Service on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of your Account by your Child whether or not such uses were authorized by you.
- You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. If you choose a recurring subscription for any InsightPath products or services, you acknowledge that payments will be processed automatically (e.g., charged to your credit card) until you cancel your subscription or your Account. InsightPath may revise the pricing for the goods and services offered through the Application at any time. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT INSIGHTPATH IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO INSIGHTPATH FOR USE OF THE APPLICATION, OR FOR PURCHASES MADE THROUGH YOUR ACCOUNT ON THE APPLICATION, FOR ANY REASON.
Application License Grant
If you accept and comply with these Terms of Service, InsightPath will grant, and you will receive, a limited, revocable, non-sublicensable, and non-exclusive license to use the Application subject to the “License Limitations,” set forth below. You may install applicable components or features of the Application on one or more computers, consoles or mobile devices under your legitimate control. Each Account requires a license to be purchased for that specific Account. You may not transfer your rights and obligations to use the Application, except that InsightPath Account administrators may transfer a user license from one inh3idual to another inh3idual (in which case, the original user Account license will be deactivated unless an additional license is purchased).
InsightPath may suspend or revoke your license to use the Application, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
- Create Derivative Works. You shall not copy or reproduce (except as expressly authorized herein), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Application.
- Use the Application for Unauthorized Commercial Uses. You shall not exploit, in its entirety or inh3idual components, the Application for any purpose not expressly authorized by InsightPath, including, without limitation: (i) gathering InsightPath features, reports or resources for sale outside of the Application; (ii) provide or make available any features or functionality of the Application to any person or entity, whether or not over a network and whether or not on a hosted basis.
- Transfer any Application Components to a Third Party. You shall not attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Application or component thereof, or your rights to the Application to any other party in any way not expressly authorized herein.
- Engage in Disruption or Harassment of Third Parties. You shall not engage in any conduct intended to disrupt or diminish the experience for other Application users, or disrupt operation of the Application in any way, including (i) disrupting or assisting in the disruption of any computer, console or mobile device used to support the Application; or (ii) harassment, abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the experiences of others, and/or any other activity which violates InsightPath’s policies.
- Break the law. You shall not use the Application to violate any applicable law or regulation.
Application Intellectual Property Rights
The InsightPath Application, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by InsightPath, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
No right, title, or interest in or to our Application or any content on our Application is transferred to you, and all rights not expressly granted are reserved by InsightPath. Any use of our Application websites not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The InsightPath name, logo, taglines and all related names, logos, product and service names, designs, and slogans are trademarks of InsightPath or its affiliates or licensors. You must not use such marks without the prior written permission of InsightPath. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any Application content and will not make any changes thereto.
The Application contains materials licensed by third-parties to InsightPath, and these third parties may enforce their ownership rights against you in the event that you violate these Terms of Service. A list of applicable third-party licenses will be provided to you upon written request. You agree to comply with such terms. You acknowledge and agree that InsightPath has no responsibility for, and makes no representations or warranties regarding, such third-party software, data or other materials or your use of such third-party software, data or other materials.
Rights to Your Content
Any and all content that you create, generate, or make available through the Application, including your business ideas, assumptions, processes, contact lists, customer feedback, reports, investor decks, or aspects and elements thereof that are not Application content shall be collectively deemed “User Content.” Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Application services as described in these Terms of Service.
When you provide User Content via the Application, you grant InsightPath (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from the reports we generate using User Content), communicate, publish, display and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Application and InsightPath services.
You represent and warrant that User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. InsightPath may remove any User Content and any related content or elements from the Application at its sole discretion.
The Application may provide features that enable you to upload third party contact information, send links to such contacts with a request to schedule an interview, conduct and record interview sessions, and transcribe and analyze such recordings. Any and all such information is deemed your User Content. You represent and warrant that you have provided adequate notices and obtained the necessary permissions and consents to provide third party contact information to us for use and disclosure pursuant to these Terms of Service. InsightPath is not responsible for the content of any such information received from a third party. You agree that InsightPath will in no event incur liability for any action taken on your behalf or at your direction, including but not limited to communications with your third party contacts and/or the processing of third party interviews. You approve of and are solely responsible for the content of any communications with your contacts.
If you record or monitor telephone calls, SMS messages, or other communications using the Application, then you represent and warrant that you will comply with all applicable laws prior to doing so at all times. We make no representations or warranties with respect to recording or monitoring of telephone calls, SMS messages, or other communications, and recommend that you always secure prior consent to record or monitor communications using the Application. You acknowledge that these representations, warranties, and obligations are essential to our ability to provide you with access to any recording and monitoring features that may be part of the Application, and you further agree to indemnify us and our affiliates in accordance with these Terms of Service arising out of or related to your acts or omissions in connection with recording or monitoring telephone calls, SMS messages, or other communications, whether such claims arise under contract, tort, statute or other legal theory.
Confidentiality of Your User Content
Beta Testing and Pre-Release Versions
Certain pre-release versions of InsightPath products and services may be made available to you through the Application for testing (a “Beta Test”).
During and after the Beta Test, you may be provided with an opportunity to give InsightPath your comments, suggestions and impressions of the Application by using tools to supply feedback and bug reports, internal websites and forums, and other methods. The Application may also include a tool that will allow your computer, console or mobile device to forward system and driver information to InsightPath in the event of a crash. This tool may collect data from your computer, console or mobile device related to the crash, and allow you to forward a report to InsightPath via electronic mail.
You acknowledge that: (a) the Application being Beta Tested is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer, console or mobile device; (b) you have, or will, back-up your hard drive prior to installation of the Beta Test Application; (c) you have the resources necessary to easily reinstall the Beta Test- Application and restore any and all data that may be lost; (d) InsightPath is not liable in any way for the loss of data or damage that is incurred during the Beta Test, including, but not limited to, interruptions of service, software or hardware failures, or loss of data or disruption of service; (e) InsightPath may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta Test; (f) InsightPath may delete or modify the information stored by the Application being Beta Tested for any reason at any time during the duration of the Beta Test; and (g) you may not sell, transfer or commercially exploit access to a Beta Test, without InsightPath’s express authorization.
InsightPath can terminate a Beta Test at any time. When InsightPath terminates a Beta Test, you must delete the pre-release version of the Application that was the subject of the Beta Test. You agree and acknowledge that InsightPath’s termination of the Beta Test shall not be grounds for any refunds of any kind. Your participation in a Beta Test shall not entitle you to a license to the Application at the end of the Beta Test.
When participating in a Beta Test, the terms of this section shall supersede and govern over any other section of these Terms of Service which may be in conflict with the terms of this section.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSIGHTPATH AND ITS SUPPLIERS MAKE, AND YOU RECEIVE, NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, OR WARRANTIES OTHERWISE IMPLIED BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE) WITH RESPECT TO ANY APPLICATION MATERIALS OR INSIGHTPATH SERVICES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE APPLICATION OR INSIGHTPATH MATERIALS OR SERVICES AND THEIR FEATURES OR FUNCTIONALITY IN THE APPLICATION OR ANY COMMUNICATION WITH YOU ARE FOR INFORMATION PURPOSES ONLY, AND DO NOT CONSTITUTE A WARRANTY, REPRESENTATION, OR CONDITION. WITHOUT LIMITING THE FOREGOING, INSIGHTPATH DOES NOT WARRANT: (a) THAT THE OPERATION OR OUTPUT OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, RELIABLE, OR COMPLETE; (b) THAT ERRORS WILL BE CORRECTED BY INSIGHTPATH; OR (c) THAT INSIGHTPATH WILL RESOLVE ANY PARTICULAR SUPPORT REQUEST OR THAT SUCH RESOLUTION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED NOTWITHSTANDING A CONTRACTUAL RESTRICTION TO THE CONTRARY. YOU MAY HAVE ADDITIONAL LEGAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. INSIGHTPATH DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.
Limitations of Liability
IN NO EVENT WILL INSIGHTPATH OR ITS SUPPLIERS HAVE ANY LIABILITY (DIRECTLY OR INDIRECTLY) FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, USE, REVENUE, OR DATA; OR FOR BUSINESS INTERRUPTION (REGARDLESS OF THE LEGAL THEORY FOR SEEKING SUCH DAMAGES OR OTHER LIABILITY). IN ADDITION, THE LIABILITY OF INSIGHTPATH AND ITS SUPPLIERS ARISING OUT OF OR RELATING TO THE APPLICATION OR ANY INSIGHTPATH SERVICES WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU FOR SUCH APPLICATION OR INSIGHTPATH SERVICES IN THE TWELVE MONTHS PRIOR TO YOUR MAKING A CLAIM AGAINST INSIGHTPATH.
THE LIMITATIONS OF LIABILITY IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO ANY DAMAGES OR OTHER LIABILITY, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF INSIGHTPATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. ALSO, YOU AGREE THAT APPLICATION AND SERVICES FEES AND OTHER FEES CHARGED BY INSIGHTPATH AND PAID BY YOU ARE BASED ON AND REFLECTIVE OF THE ALLOCATION OF RISK CONTEMPLATED BY THIS SECTION AND THAT THE LIABILITY LIMITATIONS IN THIS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES.
You hereby agree to defend and indemnify InsightPath, its parent, subsidiaries, and affiliates against and from any third-party claims, liabilities, losses, injuries, damages, costs or expenses incurred by InsightPath arising out of or from your use of the Application, Account(s), or any specific services or features associated therewith, including but not limited to your User Content and these Terms of Service.
Term and Termination
These Terms of Service are effective upon your creation of an Account and shall remain in effect until it is terminated or superseded by a new agreement, or, if the foregoing event does not occur, as long as you continue using the Application. In the event that InsightPath chooses to cease providing the Application, or license to a third party the right to provide the Application, InsightPath shall provide you with no less than thirty (30) days prior notice. Neither the Application nor InsightPath’s agreement to provide access to the Application shall be considered a rental or lease of time on the capacity of InsightPath’s servers or other technology.
You are entitled to terminate these Terms of Service and your Account at any time by notifying InsightPath by email at email@example.com. InsightPath reserves the right to terminate your Account at any time for any reason, or for no reason, with or without notice to you. In case of minor violations of these Terms of Service, InsightPath may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating these Terms of Service or modifying or deleting an Account.
In the event of a termination for your violation of these Terms of Service, you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to such termination.
Apple Device Terms
This section applies to users that use the Application through an application on an Apple device (e.g., iPhone, iPad, iPod Touch) (any such device, an “Apple Device”); this section does not apply to users that do not use the Application on an Apple Device. The parties acknowledge that these Terms of Service are concluded solely between you and InsightPath, and not with Apple, and Apple is not responsible for the Application and the content thereof. Any support that may be offered by InsightPath in connection with the Application is solely the responsibility of InsightPath and it is acknowledged by the parties that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. The parties acknowledge that Apple has no obligation to furnish any warranty with respect to the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. The parties acknowledge that Apple is not responsible for addressing product claims. Apple is not responsible for addressing any claims of any end-user or any third party relating to the Application or the end-user’s possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The parties acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.
Governing Law and Disputes
Without regard to its conflict of law rules, these Terms of Service shall be governed by and construed in accordance with the laws of the State of New York and applicable federal laws of the Unites States. In the event of any controversy or claim arising out of or relating to these Terms (“Dispute”), the parties shall first consult and negotiate with each other, directly or through their representatives, and, recognizing their mutual interests, attempt to reach a satisfactory resolution of the Dispute. If the parties do not resolve the Dispute to their mutual satisfaction within sixty (60) calendar days, then upon written notice by either party to the other, any unresolved Dispute shall be submitted to the American Arbitration Association (“AAA”) for final and binding arbitration under the applicable commercial rules, unless otherwise agreed by the parties, in writing. The arbitration shall be held before a single arbitrator agreed upon by the parties or, in the event the parties do not agree, appointed by the applicable arbitral body. All AAA arbitration proceedings shall be held in Albany, New York, unless otherwise agreed by the parties and arbitrator.
Without regard to the forum, any remedy and any award against InsightPath and all of its parents, subsidiaries, affiliates, assigns, successors shall be limited to actual damages incurred and you shall not be entitled to any award or recovery for consequential, incidental, punitive, or exemplary damages.
Arbitration of a Dispute is mandatory, except as stated otherwise in these Terms of Service. Any lawsuit brought by you involving a Dispute that is not subject to arbitration, shall be resolved inh3idually without resort to any form of class action litigation. Notwithstanding anything in these Terms of Service, you shall retain the right to seek relief in a small claims court for any Dispute within the scope of its such court’s jurisdiction.
The Application may not be used, re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. InsightPath may assign these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms of Service without InsightPath’s prior written consent. Your assignment of these Terms of Service without InsightPath’s prior written consent shall be void. InsightPath’s failure to enforce a provision of these Terms of Service shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, InsightPath may choose to waive enforcement of a provision of these Terms of Service in a particular instance; however, you are still obligated to comply with that waived provision in the future. InsightPath shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of InsightPath, such as natural disasters, unforeseen intrusions into InsightPath’s cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. If any part of these Terms of Service is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms of Service shall be given full force and effect. These Terms of Service constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
InsightPath welcomes your questions or comments regarding these Terms of Service:
19 Railroad Place, Suite 204
Saratoga Springs NY 12866
Effective as of February 21, 2020.