INSIGHTFLOW TERMS OF SERVICE
Effective date: January 3, 2020
Welcome to Insightflow. These Terms of Service ("Terms") are a binding contract between you and Insightflow, Inc. ("Insightflow", "we", "us"), and govern your access to and use of the website, products, and services ("Products") of Insightflow. Please read these Terms carefully, and contact us at contact@insightflow.com if you have any questions. By accepting these Terms or by accessing or using our Products, you acknowledge that you have read, understood, and agree to be bound by these Terms as well as those in our Privacy Policy and Copyright Policy.
1. Using Insightflow
a. Who can use Insightflow
You may use our Products only if you can form a binding contract with Insightflow, and only in compliance with these Terms and all applicable laws. When you create your Insightflow account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Products or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
c. additional restrictions
Anything you post, upload, share, store, or otherwise provide through the Products is your "User Submission". You represent, warrant, and agree that you will not contribute or submit any User Submission or other materials or otherwise use the Products or interact with the Products in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Insightflow);
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your Insightflow account or anyone else’s (such as allowing someone else to log in to the Products as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs any form of auto-responder or "spam" on the Products, or any processes that run or are activated while you are not logged into the Products, or that otherwise interfere with the proper working of the Products (including by placing an unreasonable load on the Products’ infrastructure);
(h) "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Products or the materials displayed or published or available on or through the Products, including, but not limited to, text, graphics, data, articles, information, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content"), through use of manual or automated means;
(i) Circumvents or attempts to circumvent any features, limitations, or restrictions of the Products (including, without limitation, attempting to access, download, export, or otherwise use or exploit any Content using any automated means or tools);
(j) Copies or stores any significant portion of the Content;
(k) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products.
A violation of any of the foregoing is grounds for account suspension or termination of your right to use or access the Products.
2. Your content
a. Posting content
Insightflow allows you to post content, including articles, photos, comments, links, data, images, information, graphics, text, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Insightflow.
b. How Insightflow and other users can use your content
You grant Insightflow and our users a non-exclusive, royalty-free, perpetual, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify (including, without limitation, for technical purposes), create derivative works, perform, and distribute your User Content on Insightflow solely for the purposes of operating, developing, providing, and using the Insightflow Products. This might also include promoting your content with partner companies or services for broader broadcast, distribution or publication via Insightflow. Nothing in these Terms shall restrict other legal rights Insightflow may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from Insightflow, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Insightflow and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Insightflow.
d. Your responsibility for your content:
i. To Insightflow and our community. Insightflow provides a professional and positive place for you and other users to discover and share things you love. You shall not post User Content that violates or encourages any conduct that violates laws or regulations, including but not limited to laws or regulations applicable to your line of business and laws or regulations applicable to advertising. You are responsible for User Content and any third-party content you publish through Insightflow, and assume all risk associated with it, including anyone else’s reliance on its accuracy or legal claims that might stem from publication. By posting content on Insightflow, you represent that you have the necessary rights to publish that material, that doing so doesn’t conflict with any licenses you may have granted to others and that to the best of your knowledge the content you publish is not intentionally misleading. You represent and warrant that User Content and any third-party content you publish through Insightflow comply with all applicable laws and regulations. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products without our permission.
We don’t pre-screen anyone’s content. However, we have the right to review and remove or disable access to any content through Insightflow for any reason. We assume no liability for anything that you or anyone else publishes through Insightflow.
ii. To third parties. Insightflow respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to Insightflow does not and will not violate any law or infringe the rights of any third party.
e. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Insightflow more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Insightflow does not waive any rights to use similar or related Feedback previously known to Insightflow, or developed by its employees, or obtained from sources other than you.
3. Copyright policy
Insightflow has adopted and implemented the Insightflow Copyright policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. For more information, please read our Copyright policy.
4. Security
We care about the security of our users. While we work to protect the security of your content and account, Insightflow cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account. For accounts created on behalf of a company, organization, or other entity, you are responsible for ensuring that only authorized individuals have access to the account.
5. Third-party links, sites, and services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Insightflow. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Insightflow, you do so at your own risk and you agree that Insightflow will have no liability arising from your use of or access to any third-party website, service, or content.
6. Marketing.
Insightflow reserves the right to use your name and/or company name, logo, and trademarks and to identify you as an Insightflow user or customer, and for other similar marketing or promotional purposes on Insightflow’s website and in other communications and collateral materials provided to with existing or
potential Insightflow customers, partners, and investors. To decline Insightflow this right you need to email contact@insightflow.com stating that you do not wish to be used as a reference.
7. Termination
Insightflow may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-13 of these Terms.
8. Indemnity
You agree to indemnify and hold harmless Insightflow and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
9. Disclaimers
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
INSIGHTFLOW SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Insightflow takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSIGHTFLOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL INSIGHTFLOW'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED THE AMOUNTS PAID BY YOU TO INSIGHTFLOW FOR THE PAST THREE MONTHS FOR THE PRODUCTS.
11. Arbitration
For any dispute you have with Insightflow, you agree to first contact us at contact@insightflow.com and attempt to resolve the dispute with us informally. If Insightflow has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Insightflow agree otherwise, the arbitration will be conducted in a reasonably convenient
location for both parties with due consideration of their ability to
travel and other pertinent circumstances. If the parties are unable to
agree on a location, the determination shall be made by AAA. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Products. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND INSIGHTFLOW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
To the extent any claim, dispute or controversy regarding Insightflow or our Products isn’t arbitrable under applicable laws or otherwise: you and Insightflow both agree that any claim or dispute regarding Insightflow will be resolved exclusively in accordance with Section 12 (Governing law and jurisdiction) of these Terms.
12. Governing law and jurisdiction
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in San Francisco County, California or the United States District Court for the Northern District of California, for any actions not subject to Section 11 (Arbitration).
13. General terms
Notification procedures and changes to these Terms
Insightflow reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after 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 Products.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Insightflow without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire agreement/severability
These Terms, together with the Privacy policy and any amendments and any additional agreements you may enter into with Insightflow in connection with the Products, shall constitute the entire agreement between you and Insightflow concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Insightflow's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
INSIGHTFLOW PRIVACY POLICY
Effective date: January 3, 2020
Please read this privacy policy carefully. It applies to all interactions you have with Insightflow’s products and services.
We collect information in a few different ways:
1. When you give it to us or give us permission to obtain it
When you sign up for or use our products, you voluntarily give us certain information. This can include your name, profile photo, comments, likes, saved cards, the email address or phone number you used to sign up, the organization you are associated with, your professional interests and any other information you provide us. If you’re using Insightflow on your mobile device, you can also choose to provide us with location data. And if you choose to buy any paid services on Insightflow, you provide us with payment information, contact information (ex., address and phone number), and what services you purchased. If you buy any paid services on behalf of someone else on Insightflow, you’d also provide us with their contact information.
You also may give us permission to access your information in other services. For example, you may link your Google, Facebook, LinkedIn or Twitter account to Insightflow, which allows us to obtain information from those accounts (like your basic profile information, friends or contacts). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.
2. We also get technical information when you use our products
These days, whenever you use a website, mobile application, or other internet service, there’s certain information that almost always gets created and recorded automatically. The same is true when you use our products. Here are some of the types of information we collect:
(a) Log data. When you use Insightflow, our servers automatically record information (“log data”), including information that your browser sends whenever you visit a website or your mobile app sends when you’re using it. This log data may include your Internet Protocol address, the address of the web pages you visited that had Insightflow features, browser type and settings, the date and time of your request, how you used Insightflow, and cookie data.
(b) Cookie data. Depending on how you’re accessing our products, we may use “cookies” (small text files sent by your computer each time you visit our website, unique to your Insightflow account or your browser) or similar technologies to record log data. When we use cookies, we may use “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you or your browser delete them). For example, we may use cookies to store your language preferences or other Insightflow settings so you don‘t have to set them up every time you visit Insightflow. Some of the cookies we use are associated with your Insightflow account (including personal information about you, such as the email address you gave us), and other cookies are not.
(c) Device information. In addition to log data, we may also collect information about the device you’re using Insightflow on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.
3. Our partners and advertisers may share information with us
We may get information about you, your organization and your activity off Insightflow from our affiliates, advertisers, partners and other third parties we work with. For example, online advertisers typically share information with the websites or apps where they run ads to measure and/or improve those ads. We also receive this information, which may include information like whether clicks on ads led to purchases or a list of criteria to use in targeting ads.
How do we use the information we collect?
We use the information we collect to provide, personalize and improve our products to you, develop new products, and protect Insightflow and our users. For example, we may log how often people use two different versions of a product, which can help us understand which version is better. If you purchase a paid service on Insightflow, we may save your payment information and contact information so that you can use them the next time you make payments on Insightflow.
We also use the information we collect to offer you customized content, including:
(a) Suggesting information, articles, news, resources, customers, partners, contacts and so forth (all of the foregoing, the "Cards") you might like. For example, if you’ve indicated that you’re at a robotics company, or are interested in robotics, we may suggest robotics-related news, technical tools, or researchers that we think you might like.
(b) Showing you ads you might be interested in.
We also use the information we collect to:
(a) Send you updates, newsletters, marketing materials and other information that may be of interest to you. For example, depending on your email notification settings, we may send you weekly updates that include Pins you may like. You can decide to stop getting these updates by updating your account settings (or through other settings we may provide).
(b) Help your friends and contacts find you on Insightflow. For example, if you sign up using a Facebook account, we may help your Facebook friends find your account on Insightflow when they first sign up for Insightflow. Or, we may allow people to search for your account on Insightflow using your email address.
(c) Respond to your questions or comments.
Transferring your information
Insightflow is a worldwide service. By using our products or services, you authorize us to transfer and store your information outside of your home country, including in the United States, for the purposes described in this policy. The privacy protections and the rights of authorities to access your personal information in such countries may not be equivalent to those in your home country.
What choices do you have about your information?
Our goal is to give you simple and meaningful choices over your information. If you have an Insightflow account, many of the choices you have on Insightflow are built directly into the product or your account settings. For example, you can:
(a) Access and change information in your profile page at any time, or choose whether others can find your Insightflow account using your name or email address.
(b) Link or unlink your Insightflow account from an account on another service (e.g., Facebook or Twitter). For some services (like Facebook), you can also choose whether or not to publish your activity on Insightflow to that service.
You may have choices available to you through the device or software you use to access Insightflow. For example:
(a) The browser you use may provide you with the ability to control cookies or other types of local data storage.
(b) Your mobile device may provide you with choices around how and whether location or other data is shared with us.
To learn more about these choices, please see the information provided by the device or software provider.
How and when do we share information?
The limited instances where we may share your personal information include:
(a) When we have your consent. This includes sharing information with other services (like Facebook or Twitter) when you’ve chosen to link to your Insightflow account to those services or publish your activity on Insightflow to them. For example, you can choose to publish your Cards to Facebook or Twitter.
(b) Online advertisers typically use third party companies to audit the delivery and performance of their ads on websites and apps. We also allow these companies to collect this information on Insightflow.
(c) We may employ third party companies or individuals to process personal information on our behalf based on our instructions and in compliance with this Privacy Policy. For example, we share credit card information with the payment companies we use to store your payment information. Or, we may share data with a security consultant to help us get better at identifying spam. In addition, some of the information we request may be collected by third party providers on our behalf.
(d) If we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or Insightflow; or to detect, prevent, or otherwise address fraud, security or technical issues. We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy. We may also share aggregated or non-personally identifiable information with our partners, advertisers or others. For example, we may tell an advertiser on Insightflow how many people saved something they shared, or the percentage of people who click on a Card after viewing it.
Our policy on children’s information
Insightflow is not directed to children under 13. If you learn that your minor child has provided us with personal information without your consent, please contact us.
How do we make changes to this policy?
We may change this policy from time to time, and if we do we’ll post any changes on this page. If you continue to use Insightflow after those changes are in effect, you agree to the revised policy. If the changes are significant, we may provide more prominent notice or get your consent as required by law.
INSIGHTFLOW COPYRIGHT AND DMCA POLICY
Effective date: January 3, 2020
This policy explains how Insightflow responds to claims of the unauthorized use of copyrighted text, images or links to allegedly infringing materials under the Digital Millennium Copyright Act ("DMCA").
THE DIGITAL MILLENNIUM COPYRIGHT ACT
Section 512 of the DMCA lays out the legal requirements to formally report copyright infringement to a service provider like Insightflow. It also explains how the person who posted the content at issue can oppose a notice of alleged infringement by submitting a counter-notice.
A CRUCIAL DETAIL: DO YOU HAVE RIGHTS IN A COPYRIGHTED WORK?
Sending a copyright notice or counter-notice is serious business. The DMCA imposes legal and financial penalties for making fraudulent or bad-faith claims. Make sure you’re the actual copyright holder or that you’ve been authorized to act on a rights holder’s behalf before submitting a takedown notice.
HOW TO SUBMIT A COPYRIGHT NOTICE
To send us a notice concerning copyright infringement, you’ll need to provide us the following information:
(a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf (typing your full name will do);
Identification of the copyrighted work claimed to have been infringed (e.g., a copy of or link to your original work or clear description of the materials allegedly being infringed);
(b) Identification of the infringing material and information reasonably sufficient to permit Insightflow to locate the material on our services (e.g., a link to the infringing post);
(c) Your contact information, including your address, telephone number and an email address;
(d) A statement that you have a good-faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent or the law; and
(e) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You can report alleged copyright infringement by sending the above information to:
Insightflow Copyright Agent
530 Showers Drive Suite 7-176
Mountain View, CA 94040
Email: contact@insightflow.com.
HOW INSIGHTFLOW RESPONDS TO COPYRIGHT CLAIMS
Insightflow’s response to notices of alleged copyright infringement may include removing or restricting access to allegedly infringing material. If we remove or restrict access to content in response to a copyright notice, we’ll make a good-faith effort to get in touch with the affected account holder to provide information about the situation.
WHEN YOU RECEIVE WORD OF A DMCA NOTICE
If you receive a message from us saying that content you’ve posted has been removed from Insightflow, please read it carefully as it may contain information about your options and the nature of the takedown notice we received.
HOW TO FILE A COUNTER-NOTICE
If you receive a DMCA notification about material you’ve posted and you believe that material was misidentified or removed in error, you can file a counter-notice by following the instructions below.
To submit a counter-notice, please send us the following information:
(a) A physical or electronic signature (typing your full name will do);
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the DMCA notice is enough);
(b) A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(c) Your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Insightflow may be found, and that you will accept service of process from the person who provided the copyright notification or an agent of such person.
To submit a counter-notice, please respond to our original email letting you know about the removal, and include the above information in the body of your reply.
Note: If you re-post material removed in response to a DMCA notification, we may permanently suspend your account. If you believe content was removed in error, please consider filing a counter-notice instead of re-posting the material.
AFTER YOU SUBMIT A COUNTER-NOTICE
When we receive a valid counter-notice, we’ll promptly forward a copy to the person who sent us the copyright notice. If we aren’t told within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material, we may replace or cease disabling access to the material that was removed.
REPEAT INFRINGER POLICY
Insightflow has a policy that provides for the termination in appropriate circumstances of account holders who are repeat infringers. In general, we consider a "repeat infringer" to be a user that has uploaded content to Insightflow and for whom Insightflow has received more than two takedown notices that are compliant with applicable law with respect to such content. Additionally, we reserve the right to terminate account holders who infringe on a single occasion if the circumstances warrant.