Insightflow Website and Application Terms & Conditions
Insightflow Ltd., (“Insightflow,” “Company,” “us,” or “we”), provides www.Insightflow.io and the other websites under the Insightflow.io domain (collectively, the “Sites”), and our community services, research services, and related services (together with the Sites, the “Service”) are subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or the “Agreement”).
We've tried hard to keep this Agreement as readable and straightforward as possible. We’ve also added a series of short explanations of the legal language in plain English (they all start with "The overview...") to aid in understanding, but that part isn’t legally binding. If you have suggestions that can help us improve it or any questions about this Agreement, please email us and let us know. This Agreement explains our obligations to you, and your obligations to us. Except as noted otherwise below, this Agreement is the entire Agreement between us. By using the Sites and the Service in any way, you are agreeing to comply with these Terms of Service, our Privacy Policy, and any other legal notices or conditions or guidelines posted on the Sites.
If you have questions regarding this Agreement or about Insightflow, please contact us by email at info@insightflow.io, or at:
Insightflow Ltd.
Kemp House
160 City Road
London
An "Account" represents your legal relationship with Insightflow. A “Personal Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on Insightflow.
“Libraries” are shared workspaces that may be associated with a single organisation or with one or more Users where multiple Users can collaborate across many projects at once. A Personal Account can be a member of any number of Libraries.
“Social Libraries” are Libraries established and maintained by Insightflow. Any User of Insightflow will, at Insightflow’s discretion, have access to any Social Library.
“Team Libraries” are libraries paid for and managed by a defined User, the “Library Admin”. Membership of Team Libraries will be determined by, and at the sole discretion of, that defined User.
The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Insightflow Privacy Statement, available at Insightflow.com/site/privacy) and procedures that we may publish from time to time on the Website. Most of our site policies are available at docs.Insightflow.com/categories/site-policy.
“Asset” is the general description for any single item of content in a workspace or library. This includes (but is not necessarily limited to) sources, atomised units of content, knowledge documents, and stories.
“Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
“Insightflow,” “We,” and “Us” refer to Insightflow Ltd., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
“Publish” refers to the process where content within the Insightflow App is made available on the Insightflow Website and can be seen to any visitor to that site.
“Tier Level” refers to the level of service you have selected and defines the number of Assets you may create in either your Workplace or that have Visibility set to private Visibility in any library of which you are a member.
The “Service” refers to the applications, software, products, websites and services provided by Insightflow. “The User,” “You,” and “Your” refer to the individual person, company, or organisation that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 18 years of age.
“Workspace” is a private library given to every User of Insightflow. User Content in a Workspace can never be seen by another User, irrespective of Visibility settings.
“Visibility” refers to the privacy setting chosen by the User when creating or editing content in Insightflow. This can be changed by the originating User at any time.
The “Website” refers to Insightflow’s website located at Insightflow.io, and all content, provided by Insightflow at or through the Website. It also refers to Insightflow owned subdomains of Insightflow.io,. Occasionally, websites owned by Insightflow may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
“The App” refers specifically to the Knowledge Management part of the Service in which Assets are stored, read, used and created.
2.1. The Service is available only for individuals aged 18 years or older.,2.2. We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria for using the Service at any time.
3.1. To use the Service, you will need to register and create an account (including your full name, password, and email address). If you upgrade your account, you will need to provide payment information as well. Insightflow accounts will give you access to the Service and functionality that we may establish and maintain from time to time and at our sole discretion.,3.2. We may maintain different types of accounts for different types of users. If you open a Insightflow 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 an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.,3.3. By connecting to Insightflow with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.,3.4 You may not share user accounts. Each User must sign up separately
4.1.1. control the dissemination and use of your account and password,
4.1.2. to promptly inform us of any need to deactivate an account or password.
4.1.3. We are not liable for any harm related to the theft of passwords, or your disclosure of passwords.
4.1.4. You shall immediately notify us of any unauthorized use of your account or password or any breach of confidentiality.
4.1.5. You are solely responsible for any damage resulting from the use of your account and username. You may not use your account or password to breach the security of another account. ,4.2. You may control your account and how you interact with the Service by changing your settings. By providing us with your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service. You may not opt out of these messages unless you cancel your account. For more information, please read our Privacy Policy
5.1. With the exception of User Content (see Clauses 6 and 7), all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.,5.2. Subject to the licence granted to Us under sub-Clause 6.4, Users retain the ownership of copyright and other intellectual property rights subsisting in User Content submitted by them (unless any part of such User Content is owned by a third party who has given their express permission for their material to be used in the User Content).,5.3. You may:
5.3.1. Access, view and use Our Service in a web browser (including any web browsing capability built into other types of software or app);
5.3.2. Download any Content where we have provided a link enabling you to do so;
5.3.3. Download Our Site (or any part of it) for caching;
5.3.4. Print pages from Our Site;
5.3.5. Download, copy, clip, print, or otherwise save extracts from pages on Our Site;
5.3.6. Save pages from Our Site for later and/or offline viewing;
5.3.7. View and use User Content in accordance with the permissions set out in Clause 6; ,5.4. You may not:
5.4.1. systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so;
5.4.2. Subject to Clause 6 and 7 (governing User Content and licencing) reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so. For further information, please contact Us at info@insightflow.io.,5.5. Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.,5.6. Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
6.1. User Content on the Service includes (but is not necessarily limited to) original source material, comments, User generated knowledge or reports, images, data, video, logos, and other assets that go towards .,6.2. You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Standards Policy, detailed below.,6.3 You agree to license your User Content in the manner described in Clause 7 and you warrant that you have the authority to submit User Content for such purpose.,6.4. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2 and 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.,6.5. If you wish to remove User Content, you may do so by contacting Us at info@insightflow.io. We will use reasonable efforts to remove the User Content in question from Our Site. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).,6.6. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Standards Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.,6.7. We take technical measures to limit and/or restrict the ability of Users to unlawfully copy User Content submitted to Our Site. Despite such measures, We do not make any representation or warranty that your User Content will not be unlawfully copied without your permission.,6.8. Unless a particular User expressly states Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
7.2.1. View the User Content,
7.2.2. Include that User Content in their own Assets,
7.2.3. Make copies of that User Content in other Assets,
7.2.4. Edit any copy of the User Content that has been made,
7.2.5.Publish Assets that include that User Content. ,7.3. Furthermore, in changing the visibility of any of your Assets in any Team Library (of which we are a member) or Social Library from ‘Private’ to ‘Library’ you:
7.3.1. grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, publish, transmit, adapt, edit, reproduce, distribute, and prepare derivative works from your User Content; 7.3.2. grant other Users who are members of the Libraries in which the User Content has been made visible an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, publish, transmit, adapt, edit, reproduce, distribute, and prepare derivative works from your User Content. ,7.4. You warrant that, in changing the Visibility of an Asset, you are authorised to allow the permissions described in Clauses 7.2.1 – 7.2.5,7.5. Changing the visibility of any of your Assets in any Team Library or Social Library from ‘Library’ to ‘Private’ will prevent future use of the Assets as described in Clauses 7.2.1-7.2.5
7.5.1. Assets that have already been used in the manner described in Clauses 7.2.1-7.2.5 when the Visibility is changed back to ‘Private’ can continue to be used by other Users
8.1. The service and all content are provided on an "as is" and “as available” basis without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, freedom from interruption, viruses or other defect, and non-infringement.,8.2. Your sole remedy against us for dissatisfaction with the service or any content is to stop using the service or any such content. In no event shall we or our subsidiaries, officers, directors, employees, agents, licensors, or content providers (our “affiliates”) be liable for any damages, including, without limitation, indirect, consequential, special, incidental, or punitive damages, resulting from the use or inability to use the service or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we or our affiliates are advised on the possibility of such damages.,8.3. To the maximum extent permitted by applicable law, Insightflow assumes no liability or responsibility for any;
8.3.1. errors, mistakes, or inaccuracies of content
8.3.2. personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service;
8.3.3. any unauthorized access to or use of our secure servers and/or any and all information, including personal information or financial information, stored therein;
8.3.4. any errors, mistakes, losses, damage or unauthorized access resulting from the use of third party applications by you, by your end users, or by insightflow on your behalf;
8.3.5. any interruption or cessation of transmission to or from the service;
8.3.6. any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; 8.3.7. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or user content or the defamatory, offensive, or illegal conduct of any third party ,8.4. In no event shall Insightflow, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs,8.5. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Insightflow has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
9.1. Unless otherwise agreed in a bespoke contract, we will charge you monthly in advance for the Tier Level you select. 9.1.1. Tier levels are determined by the number of Assets held. 9.1.2. For a private User the Tier level will be calculated as the total number of Assets that you have in your Workplace added to the number of private Assets you have in any Library of which you are a member 9.1.3. For a Library Admin this will be the total number of Visible Assets in your Library 9.1.4. For a Library owner, each Library they own will be treated as a separate entity (i.e. Tier allowances can not be rolled over between Libraries). ,9.2. The billing date will be calculated from the first date that you subscribed to Insightflow.,9.3. If you upgrade your Tier level during the charge period a new start date will be calculated from the date of upgrade and you will be charged from that date.,9.4. If you downgrade your subscription during the charge period you will retain your existing subscription benefits until the end of the original charge period, at which point the new tier pricing and benefits will come into effect.,9.5. Prepaid subscriptions will not be refunded.,9.6. You are responsible for all fees including taxes and currency exchange charges associated with your use of Insightflow. ,9.7. Insightflow may negotiate a bespoke contract with certain customers on certain occasions. When this occurs, the bespoke contract will contain its own Terms that will supersede the Terms laid out in these Terms.,9.8. Should you wish to cancel your subscription it is your responsibility to do this through the payments link available within the Service.,9.9. Upon cancellation and at the end of any remaining pre-paid subscription: 9.9.1. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your Workplace and/or Library(ies) within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Account is cancelled. 9.9.2. We will not delete Content that has been used in other Users' Assets. 9.9.3. Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade. ,9.10. Where there is reasonable cause to believe that these Terms have been breached, Insightflow has the right to suspend or terminate your access to all or any part of the Service, with or without notice, effective immediately. Insightflow reserves the right to refuse service to anyone for any reason at any time.
10.1. In making material available online We act in good faith.,10.2. However, despite these safeguards, we recognise that from time to time material published online may be in breach of copyright laws, contain sensitive personal data, or include content that may be regarded as obscene or defamatory. If you are concerned that you have found material on our website, for which you have not given permission, contravenes privacy law, is obscene/defamatory and in terms of copyright law is not covered by a limitation or exception, please contact us by email to info@insightflow.io stating the following:
10.3.1. We will acknowledge receipt of your complaint by email and will make an initial assessment of the validity and plausibility of the complaint.
10.3.2. Upon receipt of a valid complaint the material will be temporarily removed from the Insightflow Ltd Services pending an agreed solution.
10.3.3. We will contact the contributor who deposited the material, if relevant. The contributor will be notified that the material is subject to a complaint, under what grounds and will be encouraged to assuage the complaints concerned.
10.3.4. The complainant and the contributor will be encouraged to resolve the issue swiftly and amicably and the satisfaction of both parties with the following possible outcomes:
11.4.1. any information which is or in future comes into the public domain (unless as a result of the breach of this Agreement by you); or
11.4.2. any information which is already known to Insightflow Ltd and which was not subject to any obligation of confidence before it was disclosed to Insightflow Ltd by the User. ,11.5. Nothing in this Agreement will prevent Insightflow Ltd from making any disclosure of the Confidential Information required by law or by any competent authority. ,11.6. The undertakings in clauses 11.1 and 11.2 will continue in force for 1 year after the end of the final period of subscription acquired by the User
12.1. Insightflow Ltd makes no warranty as to the:
12.1.1. Accuracy of any User content within the Service;
12.1.2.Legal status of any User Content within the Service;
12.1.3. The declared identity or probity of any registered or unregistered User. ,12.2. Insightflow Ltd will maintain its best efforts in providing this service without interruption (whether planned or unplanned) but makes no warranty about the provision of the Service.,12.3. Insightflow accepts no liability in the event that this Service is not provided.
12.3.1. Should significant disruption to the provision of this Service occur, Insightflow may, at its own discretion, decide to provide discounts and coupons to be set against future subscription charges.
,12.4. Insightflow Ltd makes no warranty about the continuation and provision of service by the 3rd party providers whose Services are essential to the provision of the Insightflow Ltd Service.,12.5. Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. ,12.6. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software ,12.7. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site created by Us (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.,12.8. We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that such Content is complete, accurate, or up-to-date.,12.9. We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way
13.1. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether it is provided by Us or whether it is User Content) included on Our Site.,13.2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including User Content) included on Our Site.,13.3. We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.,13.4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 12.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content (including User Content) from it) or any other site referred to on Our Site.,13.5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.,13.6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
14.1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of all User Content for viruses and malware as it is uploaded. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 13.4.,14.2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.,14.3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.,14.4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.,14.5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.,14.6. By breaching the provisions of sub-Clauses 14.3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
15.1. Use of Our Site is also governed by Our Cookie Policy and Privacy Policy. These policies are incorporated into these Terms and Conditions by this reference.
16.1. All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the applicable laws, regulations and procedures including the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“DPA”), the Privacy and Electronic Communications Regulations (EC Directive) Regulations 2016 (“PECR”) and the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights and Our obligations under that legislation.,16.2. We may use your personal information to:
16.2.1. Provide and administer your Account;
16.2.2. Reply to any communications you send to Us;
16.2.3. Send you important notices, as detailed in Clause 17
16.2.4. Send you communications that you have given an active opt-in consent to receive. ,16.3. We will not pass on your personal information to any third parties without first obtaining your express permission to do so.
17.1. If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.,17.2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. Email marketing options can also be changed in your account preferences. If you opt out of receiving emails from us at any time, it may take up to 5 business days for your new preferences to take effect.,17.3. You have the right to request a copy of the information that we hold about you under the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”). If you would like a copy of some or all of your personal information, or would like us to change the way we use your personal information, please contact us at the following address info@insightflow.io.,17.4. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at info@insightflow.io or via Contact Us.
18.1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.,18.2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
19.1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.,19.2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.,19.3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England & Wales or as determined by your residency. ,19.4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.