Terms Of Service

The following terms and conditions govern all use of the Insightware.com website and all content, services, software and products available at or through the website (the Website). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Insightware’s Privacy Policy) and procedures that may be published from time to time on this Site by Insightware (collectively, the “Agreement”). Your agreement is with Insightware (Spain) (“Insightware” or “we”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement, and you represent and warrant that you have all the rights necessary to become bound to all the points of the Agreement. If you do not agree to all the terms and conditions of this agreement, or you have no rights to any of its sections, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Insightware, acceptance is expressly limited to these terms.

The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.

  1. Your Insightware Account. If you create an account on the Website, you must provide accurate and complete information. You are responsible for maintaining your Account security, including keeping your account password secure, and you are fully responsible for all activities that occur under the account. You must immediately notify Insightware of any unauthorized uses of your account or any other breaches of security. Insightware will not be liable for any losses caused by unauthorized use of your account. You consent to our using your provided email address to send you service information and notices.
  2. Responsibility of Contributors.

    If you make material available by means of the Website (“Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code.

    Without limiting any of those representations or warranties, Insightware has the right (though not the obligation) to, in Insightware’s sole discretion (i) refuse or remove any content that, in Insightware’s reasonable opinion, violates any Insightware policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Insightware’s sole discretion. Insightware will have no obligation to provide a refund of any amounts previously paid.

  3. Payment and Renewal.
    • General Terms.
      Paid services such are available on the Website (any such service, a “Service”). By selecting a Service you agree to pay Insightware the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Service and will cover the use of that service for a monthly or annual subscription period as indicated. Service fees are not refundable.
    • Automatic Renewal.
      Unless you notify Insightware before the end of the applicable subscription period that you want to cancel a Service, your Service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time.
  4. Copyright Infringement and DMCA Policy. As Insightware asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Insightware.com violates your copyright, you are encouraged to notify Insightware. Insightware will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
  5. Licenses granted.

    Subject to this Agreement you are granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable, license to use the Service solely for your internal business purposes on your web domain or websites. Insightware reserves all rights not explicitely granted here.

    You grant Insightware royalty-free, perpetual and irrevocable rights to Customer Data for the purposes of providing and improving the Service. You grant Insightware the right of using your name, logo and other marks associated with you for the purposes of identifying you as a customer of Insightware.

  6. Intellectual Property. This Agreement does not transfer from Insightware to you any Insightware or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Insightware. Insightware, the Insightware logo, and all other trademarks, service marks, graphics and logos used in connection with Insightware, or the Website are trademarks or registered trademarks of Insightware or Insightware’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Insightware or third-party trademarks.
  7. Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If you disagree with our changes, then you should stop using Insightware. Your continued use of Insightware will be subject to the new Terms.
  8. Termination. Insightware may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Insightware account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  9. Disclaimer of Warranties. The Website is provided “as is”. Insightware and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Insightware nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  10. Limitation of Liability. In no event will Insightware, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Insightware under this agreement during the twelve (12) month period prior to the cause of action. Insightware shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Insightware Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  12. Indemnification. You agree to indemnify and hold harmless Insightware, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  13. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
  14. Miscellaneous. This Agreement constitutes the entire agreement between Insightware and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Insightware, or by the posting by Insightware of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Spain, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Barcelona, Spain. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Insightware may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.