Definitions

• An "Account" represents your legal relationship with Insight Maker.
• 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 Insight Maker's Privacy Policy) and procedures that we may publish from time to time on the Website.
• “Content” refers to content featured or displayed through the Website, including without limitation Insights, models, simulations, code, text, data, articles, images, photographs, graphics, software, 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.
• “We,” and “Us” refer to Insight Maker, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
• The “Service” refers to the applications, software, products, and services provided by Insight Maker.
• “The User,” “You,” and “Your” refer to the individual person, company, or organization 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 13 years of age.
• The “Website” refers to Insight Maker's website located at insightmaker.com, and all content, services, and products provided by Insight Maker at or through the Website. It also refers to subdomains of insightmaker.com.

Access

You must be aged 13 years or older to use Insight Maker. You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional unless you opt for a paid membership, in which case additional information will be necessary for billing purposes.

You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.

Acceptable Use: Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the service is in compliance with laws and any applicable regulations. You must not attempt to interfere with the proper working of the Website or Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, "spam" or otherwise disrupt the Website or Service. You may not "scrape" the Website or Service or engage in bulk download of Content. You may not or engage in automated access to any part of the Website or Service.

Account Cancellation by You: You may cancel your account with Insight Maker at any time. To cancel your account, please go to the Edit Account page on your user page.

Termination by Insight Maker: Insight Maker reserves the right to suspend or terminate your access to all or any part of the service at any time. Insight Maker also reserves the right to refuse service to anyone for any reason.

Survival: All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

User-Generated Content

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using Insight Maker. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via Insight Maker, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. Right to Remove or Refuse Content

Insight Maker reserves the right, at its sole discretion, to refuse or remove any content that violates our terms, policies, or any applicable laws.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Insight Maker Users — certain legal permissions, listed in User-Generated Content sections 4 — 7. These license grants apply to Your Content. If you upload Content that already comes with a license granting Insight Maker the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in User-Generated Content sections 4 — 7. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have cloned or copied it.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and simulate it.

This license does not grant Insight Maker the right to sell Your Content. It also does not grant Insight Maker the right to otherwise distribute or use Your Content outside of our provision of the Service.

5. License Grant to Other Users

Any User-Generated Content you post publicly, including Insights, comments, and contributions to other Users' Insights, may be viewed by others. By setting your Insight to be viewed publicly, you agree to allow others to view and "clone" your Insights (this means that others may make their own copies your Insights in Insights they control).

If you set your Insights to be viewed publicly, you grant each User of Insight Maker a nonexclusive, worldwide license to use, display, and perform Your Content through the Insight Maker Service and to reproduce Your Content solely on Insight Maker as permitted through Insight Maker's functionality (for example, through cloning). You may grant further rights if you specify a license on your Insight. If you are adding Content to Insight Maker you did not create or own, you are responsible for ensuring that the Content you add is licensed under terms that grant these permissions to other Insight Maker Users.

6. Contributions Under Insight License

Whenever you add Content to an Insight containing notice of a license, you license that Content under the same terms, and you agree that you have the right to license that Content under those terms. If you have a separate agreement to license that Content under different terms, such as a contributor license agreement, that agreement will supersede.

7. Moral Rights

You retain all moral rights to Your Content that you create, upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in section (User-Generated Content section 4), but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Insight Maker the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

Copyright infringement

If you believe that content on our website violates any laws, please contact us reports@insightmaker.com detailing the violation. We may give the Insight owner time to provide a response to your report, after which we may disable access to the Insight.

You may file DMCA takedown requests at dmca@insightmaker.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

Disclaimer of Warranties

Insight Maker provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Insight Maker does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components.

Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

• the use, disclosure, or display of your User-Generated Content;
• your use or inability to use the Service;
• any modification, price change, suspension or discontinuance of the Service;
• the Service generally or the software or systems that make the Service available;
• unauthorized access to or alterations of your transmissions or data;
• statements or conduct of any third party on the Service;
• any other user interactions that you input or receive through your use of the Service; or
• any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Release and Indemnification

If you have a dispute with one or more Users, you agree to release Insight Maker from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Insight Maker (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Insight Maker of all liability); and (3) provides to you all reasonable assistance, at your expense.

Site Copyright

Insight Maker and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from Insight Maker.

Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Insight Maker and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and Insight Maker agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.

Non-Assignability

We may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in User-Generated Content section 4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.

Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Insight Maker to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. If we decide to change this Terms of Use, we will post the changes here at this same link by which you are accessing these Terms of Use. We recommend checking this page regularly to stay informed of any updates. Your continued use of Insight Maker following the posting of changes will mean that you accept and agree to the changes.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

Privacy Policy

We are committed to safeguarding the privacy of our users. We take your privacy very seriously and it is important to us that you can use and enjoy our website without compromising your privacy. For more information, please see our privacy policy.