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,
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
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
- 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.
- 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.
- Payment and Renewal.
- General Terms.
Paid services such are available on the Website (any such service, a
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.
- 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.
- 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
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.