Please read these Terms carefully. By visiting, contracting Insite Studios or subscribing to get updates from our blog, you accept these Terms, which will give rise to a legal agreement between you and Insite Studios («Agreement«). We’ll start with the basics, including some definitions that should help you understand these Terms. Insite Studios («Insite Studios, «we» or «us«) is a digital strategy consulting and software development company (the «Company«) creates, redesigns and manages certain software projects for online stores, web pages and websites to reach your people and sell their things (each, a «Site» and collectively, «Sites«) among other things. The Company is offered through our websites, including https://www.InsiteStudios.com and any other website or mobile application owned, operated or controlled by us (we will collectively refer to these as the «Insite Studios Site» Insite Studios is a limited liability company in Mexico whose legal name is Insite Studios has employees and representatives («our Team«). As a customer of the Service or representative of an entity that is a customer of the Service, you is a «Member» in accordance with this Agreement (or «you«).
These Standard Terms of Use («Terms«, including our Acceptable Use Policy, Copyright and Trademark Policy, Data Processing Addendum, and Brand Guidelines) define the terms and conditions under which you are permitted to use the Service. in accordance with the Agreement, which in addition to our Privacy Policy and Cookie Statement, describes how we will treat your account and the data we collect and process about you, your end users, and your contacts and customers while you are a member. If you do not agree to these Terms, you must immediately discontinue use of the Service. Terms and restrictions apply to some features of the Service, including some that are offered as supplements to your Insite Studios contract. Unless expressly stated otherwise, these Terms apply to the use of Add-ons. Customers agree to the applicable Additional Terms at the time they choose to add the corresponding Plugin or use the corresponding feature. Also note that a customer’s contract may have access to unique features of the Service based on their status.
If you have any questions about our Terms, feel free to contact us at contact@InsiteStudios.com
Term
When you sign up for a subscription and accept these Terms, the Agreement is formed between you and Insite Studios and the term of the Agreement (the «Term«) will begin. The Term will continue for as long as you have a subscription to Insite Studios or until either you or we terminate the Agreement in accordance with these Terms, whichever occurs first. If you register for a subscription on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on their behalf.
Closing you subscription
You or Insite Studios may terminate the Agreement at any time and for any reason by canceling your Insite Studios subscription or notifying the other party. We can suspend your subscription at any time, with or without cause. Even if your subscription is suspended or canceled for a cause, such as a breach or violation of the Agreement. If your subscription is inactive for 24 months or more. Once your subscription is canceled, you acknowledge and agree that we may permanently delete your account and all data associated with it, usernames are unique and can only be used once. If your subscription has been canceled, the username will no longer be available for use on future accounts and cannot be claimed.
Closing you subscription
You or Insite Studios may terminate the Agreement at any time and for any reason by canceling your Insite Studios subscription or notifying the other party. We can suspend your subscription at any time, with or without cause. Even if your subscription is suspended or canceled for a cause, such as a breach or violation of the Agreement. If your subscription is inactive for 24 months or more. Once your subscription is canceled, you acknowledge and agree that we may permanently delete your account and all data associated with it, usernames are unique and can only be used once. If your subscription has been canceled, the username will no longer be available for use on future accounts and cannot be claimed.
Closing you contract
You or Insite Studiosmay terminate the Agreement at any time and for any reason by canceling your Insite Studios contract or notifying the other party. We can suspend your contract at any time, with or without cause. If we cancel your contract without cause, we will reimburse you for a prorated portion of any amount for the Service (work that has not been performed). We will not refund or refund you in any other situation, even if your contract is suspended or canceled for a cause, such as a breach or violation of the Agreement. Once your contract is canceled, you acknowledge and agree that we may permanently delete your data associated with your contract including your Campaigns.
Changes
We may change any of the Terms by posting the revised Terms on our Insite Studios Site. Unless you cancel your contract, the new Terms will take effect immediately upon posting and will apply to any continued or new use of the Service. We may change the Service, Plugins, or any feature of the Service at any time, and we may discontinue the Service, Plugins, or any feature of the Service at any time.
Contract Disputes
We do not know the internal workings of your organization or the nature of your personal relationships. You will not request access to or information about a contract that is not yours, and you will resolve any dispute related to your contract directly with the other party. We decide who owns a contract based on a number of factors, including the content of that contract and the contact and profile information that appears for that contract. In cases where there is different profile and contact information or we cannot reasonably determine ownership, we will ask you to resolve the matter through the appropriate channels outside of Insite Studios. When a dispute is identified, we may suspend any contract associated with the dispute, including disabling service features, to protect the security and privacy of the data within the contract until the dispute is properly resolved.
Contract payment
If an annual contract is requested, you will be asked to select both your representative, that you select the service one of the options offered by Insite Studios based on your anticipated use of the Service. Each service offers different pricing options and features, and has varying usage limits. Once you select your service, Insite Studios will never automatically update or downgrade your paid contract. So give yourself room to grow if you need it! If you exceed the usage limits of your paid contract (whether by adding services or for another reason), you will incur additional charges for the previous billing cycle under your contract, which will be detailed on your bill and in your contract. Before paying for the service offered for the first time, you will have the opportunity to preview the additional charges that would apply to your contract should you incur them by exceeding the usage limits selected by yourself. If you decide to continue and incur additional charges, you agree to pay them on or before the next Payment Date, as described below. You will always have the option to update your service at any time. If you upgrade during a billing cycle, you can choose to upgrade your service. If you choose to upgrade, the upgrade amount for the offered service upgrade is calculated first and the upgrade amount for the limit upgrade is calculated second. In any case, your charge for that billing cycle will be calculated based on the number of days in that billing cycle during which you were on each of the services offered. If you require a service that is not in the contract, you will be billed for that additional amount. certain Add-on services may require a prepayment. We can change any of our rates, including our service charges, at any time through your contract and / or by sending you an email notification. Rates quoted do not include sales or other transaction-based taxes of any kind.
Feedback and Proprietary Rights
We own all proprietary rights in the Service and the Insite Studios Site, including but not limited to patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights to the Service and the Insite Studios Site, and you may only use our brand assets in accordance with our Brand Guidelines.
must retain all rights, titles and interests to the material, content, data and information (including your personal information and the personal information of others) that you submit to Insite Studios during the use of the Service or that Insite Studios otherwise retrieves. or access your address or with your permission (collectively, your «Content«). Subject to these Terms, you grant us permission to use or disclose your Content (including any personal information in it) only as necessary to provide the Service to you and / or as permitted by these Terms. You represent and warrant that: (i) you own or have obtained all rights, releases and permissions necessary to submit all your Content to the Service and to grant us the rights granted in these Terms and (ii) your Content and its use as you authorize in These Terms will not violate (1) any applicable law, (2) any intellectual property, privacy, publicity or other rights of third parties, or (3) any of their policies or third party policies or terms governing their content.
You may provide or we may ask you to provide suggestions, comments, input or other feedback («Comments») regarding the Service. If you provide us with feedback, then you grant us a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly make the comments as we see fit. Any feedback you choose to provide is provided entirely voluntarily. You understand that you will not receive any compensation for your Comments and that we may use the Comments you provide to improve the Service or to develop new features and services.
No Warranties
To the maximum extent permitted by law, we provide the Service as is. This means that, unless expressly stated in these Terms, we do not provide warranties, conditions, or commitments of any kind in connection with the Service, either expressly or implicitly. This includes, but is not limited to, warranties of merchantability and fitness for a particular purpose, which are, to the maximum extent permitted by law, excluded from the Agreement.
Rules and Abuse
You will not insult any of our employees. You will comply with our Acceptable Use Policy, which is part of these Terms. If you use our Service, you will comply with our Service Use Policy, which is part of these Terms. Insite Studios does not allow them to promote or incite to harm others or to promote discriminatory, hateful or harassing Content. To this end, we may suspend or terminate your service if you submit a Campaign, create or manage a Site, or distribute any Content that we determine, in our sole discretion, to contain any of the following:
A threat of physical harm. This means any statement, photograph, advertisement, or other Content that, in our sole discretion, may reasonably be perceived as a threat, defense, or incitement to physical harm or violence against others.
Hate content. This means any statement, image, photograph, advertisement or other Content that, in our sole discretion, may be reasonably perceived to harm, threaten, promote harassment, promote intimidation, promote abuse, or promote discrimination against others based solely on race. , ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, illness or immigration status.
We also may suspend or terminate your contract if we determine, in our sole discretion, that you are either:
an organization that has publicly stated or acknowledged that its fundamental goals, objectives, positions or principles include statements or principles that could reasonably be perceived as advocates, encouragers, or sponsors of hateful content or a threat of physical harm;
a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
a person or organization that has acted in such a way as to be reasonably perceived to support, endorse, encourage or represent Content that incites hatred or a threat of physical harm.
Insite Studios also does not allow the distribution of Content that is, in our sole discretion, materially false, inaccurate, or misleading in a way that could deceive or confuse others about important events, topics, or circumstances.
If you violate any of these rules, then we may issue a warning to, suspend, or terminate your contract or subscription.
Compliance with Laws
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, Data Protection Laws (as defined in the Data Processing Addendum), Mexico and United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or any other applicable laws.
You agree, represent, and warrant to Insite Studios that:
You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that (a) satisfies the requirements of applicable data protection laws, (b) describes your use of the Service.
You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Insite Studios and to enable such data to be lawfully collected, processed, and shared by Insite Studios for the purposes of providing the Service or as otherwise directed by you.
ou will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Insite Studios to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users in accordance with and as described in the Cookie Statement.
In addition, if you are subject to EU Data Protection Law (as defined in the Data Processing Addendum), you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Protection Law, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result.
We and our Team aren’t responsible for the behavior of any third parties, agencies, linked websites, or other Clients, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.
Assignments
You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
Severability
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
Interpretation
The headers provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.
Waiver
If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
Notification of Security Incident
If we become aware of a security incident related to our systems or databases that contain personal information of you, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of Insite Studios for such incident.
Entire Agreement
These Terms and any Additional Terms you’ve agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate or use the corresponding Add-on or feature of the Service. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.
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