Last Modified: September 22, 2023

Welcome! Thanks for using Insightt. By using our website, software, application, products, and/or services whether by creating an account for use of the same or as a guest, you accept and agree to our terms and conditions (the “Terms of Use,” “Agreement” or “Terms”), so please take some time to read and review the Terms of Use below. If you have any questions, please contact us.

1. Acceptance of the Terms of Use

You are entering into a legally binding agreement. These Terms of Use, the Privacy Policy, and all Rules & Policies posted on our website set out the terms on which Insightt, Inc. ("we" or "us" or "our" or "Insightt") offers you access to and use of our software, websites, applications, tools, and services including but not limited to creation of accounts to use the same, and any content, functionality, and services offered on or through the same (collectively "Services"). The Privacy Policy, and all Rules & Policies posted on our website are expressly incorporated into this Agreement.

Please be advised that this Agreement affects your legal rights and contains provisions that govern how any claims that you and Insightt may have against each other are resolved. You should read this entire Agreement carefully before accepting it. If you object to anything in this Agreement, or otherwise do not understand or agree to be bound by this Agreement, do not use our Services. If you use our Services in any way, you agree to and are bound by this Agreement. For clarification purposes, by accessing and browsing our website, you acknowledge that you have read, understood, and agree to be bound by, without limitation or qualification, these Terms and shall comply with all applicable laws and regulations.

This Agreement is offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not need all of these requirements, you must not access or use the Services.

2. Services

Insightt provides various services, including, but not limited to, software support for those involved in the repossession industry by delivering real-time reports, client details, employee statistics, driver management, shift management, and automated related services. These services are provided in the form of Software-as-a-Service (“SaaS”) to be accessed by you and other customers of Insightt. The Services may be occasionally unavailable or inaccessible due to the nature of the SaaS infrastructure. Insightt does not guarantee availability of the Services and Insightt is not liable for any loss resulting from unavailability of the Services. Insightt may, at any time, without notice or liability, limit the availability of the Services in order to perform maintenance activities or technical support.

3. Access and Account Security

We reserve the right to withdraw or amend the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website and/or application(s), or the entire website and/or application(s), to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Services.

• Ensuring that all persons who access the Services through your internet connection are aware of this Agreement and comply with the same.

• Obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device.

• Acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto.

In order to use most aspects of the Services, you must register for and maintain an active user account through our monthly subscription program. You cannot register for or maintain an account if you have previously been banned from accessing or using the Services.

While using the Services, Insightt may ask you to provide certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include but is not limited to:

1. First name and last name

2. Account and Registration Data

3. Email address

4. Phone number

5. Address, State, Province, ZIP/Postal code, City

6. Usage Data

7. Travel and Location Data

It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

In order to utilize Insightt's Services, you must secure your own access credentials for external data sources, specifically the Recovery Database Network (RDN) and the Digital Recognition Network (DRN). You maintain ownership and manage your own RDN and DRN credentials including but not limited to usernames, passwords, ID codes, security codes and keys. Insightt is not responsible for providing or sustaining access to these credentials. Your proper management of these access details is crucial for allowing Insightt to import user and retrieve real-time event data, thereby facilitating optimal performance of our software and Services.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

4. Fees and Payment

Insightt offers a free trial period available when you select a plan and proceed to input your payment information. This free trial (along any other promotional offer that may be offered by Insightt from time to time) is offered at Insightt’s sole discretion and Insightt may cease offering a free trial period at any time without notice provided. Insightt will honor any free trial periods currently in use.

You will be subject to fees for use of the Services. Applicable subscription fees will be billed monthly for the Services subscribed at the conclusion of any promotional period, even if you are not actively using the Services. All Fees are in USD$, and all fees following the trial period are payable at the start of the billing cycle.

The start of the billing cycle is either the first day after the trial period ends, or the first day of the next month after the Trial period ends, dependent on the terms of your free trial period. The Services are charged on a monthly basis and are non-refundable. The Services are charged based on your user count and subscription plan. You are responsible for updating your user account and subscription plan. Prices are subject to change at any time at the sole discretion of Insightt, but any increase will not go into effect until the next billing cycle or contract period. We will provide you with at least thirty (30) days advance notice of a price increase, and you will then have fourteen (14) days in which to cancel your renewal before the new price goes into effect.

Payment for the subscription fees and any applicable one-time-set-up fees for the Services will be made on your account creation date by a valid credit card accepted by Insightt. You hereby authorize Insightt to charge your credit card to the amount dictated in your subscription fee on a regular monthly or annual basis, continuing until your account is terminated. 

It is your obligation to review all charges for accuracy. Failure to dispute a charge within thirty (30) days following such charges shall constitute your agreement that all charges are valid, and you agree to waive any claims it may have regarding such charges. If we are for any reason unable to effect automatic payment by credit card, we will attempt to notify you by email, and your account may be disabled until payment is received.

Note: All billing correspondence (invoices, notifications, etc.) is done via email. You must maintain a current email address with us and authorize the usage of the same.

Unless otherwise stated, our charges do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes assessable by any local, state, provincial, or foreign jurisdiction. We will invoice you for such taxes if we believe we have a legal obligation to do so, and you agree to pay such taxes if so invoiced.

If you choose to upgrade your service plan or subscribe to optional add-ons during your subscription term (a “Service Upgrade”), any incremental subscription charges associated with such Service Upgrade will be billed immediately upon purchase of such Service Upgrade or downgrade which shall be prorated for the remainder of the current billing cycle. In any future subscription term, your subscription charges will reflect any such Service Upgrade.

You may downgrade your plan through your account online; however, please be aware that downgrading may cause loss of content, features, or capacity of the service as available to you under your account, and Insightt does not accept any liability for such loss. Requests for downgrading will take effect on your next billing cycle.

Charges paid by you are final and non-refundable, unless otherwise determined by Insightt at its sole and absolute discretion.

5. Intellectual Property Rights

Subject to the terms and conditions of this Agreement and in consideration of your obligation to pay monetary fees, Insightt will grant, and you will receive a nontransferable license to use the Services.

Nonetheless, you agree that the Services and the Services’ entire contents, features, and functionality (including but not limited to all information, software, text, logos, designs, slogans, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and that Insightt shall continue to own all right, title and interest in and to the Software and all intellectual property rights embodied therein or related thereto. Except as expressly provided herein, no intellectual property rights are granted to you by implication, estoppel, or otherwise.

You must not

• Modify copies of any materials from the Services.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

• Access or use for any commercial purposes any part of the Services, website, application, or materials available through the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Agreement, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. You will safeguard the Services and its related materials with that degree of normal due care commensurate with reasonable standards of industrial security for the protection of trade secrets and proprietary information so that no unauthorized use is made of them and no disclosure of any part of their contents is made to anyone other than your employees, agents or consultants whose duties reasonably require such disclosure, or as necessary in the ordinary course of business. You shall make all such persons fully aware of their responsibility to fulfill your obligations under this Agreement. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

6. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards set out in this Agreement.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate Insightt, an Insightt employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Insightt or users of the Services, or expose them to liability.

Additionally, you agree not to:

1. Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

2. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

3. Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.

4. Use any device, software, or routine that interferes with the proper working of the Services.

5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.

7. Otherwise attempt to interfere with the proper working of the Services.

You also agree to not install any third-party software or code. Insightt shall provide support only to its technology platform and features and will not perform support requests pertaining to third-party applications, software, or code, even if connected or embedded on your account. You agree not to or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of Services or any services provided by Insightt, or any part thereof. 

Certain features of the Services may provide for downloadable content such as, but not limited to, data associated with time-clock features. Insightt may provide other downloadable content in their sole discretion. You shall not and agree not to download content not specifically permitted for download by Insightt.

Insightt personnel may, from time to time, recommend third-party software or other products and services for your consideration. Insightt MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING PRODUCTS AND SERVICES THAT ARE NOT PURCHASED FROM Insightt OR INSURANCE PRODUCTS PURCHASED THROUGH AGENTS LISTED ON THIS SITE, INCLUDING THE COMPATIBILITY OF SUCH PRODUCTS AND SERVICES WITH THE SERVICES. Your use of any such products and services is governed by the terms of your agreement with the provider of those products and services.

Insightt has the right (but not the obligation) to suspend access to the Services or remove any data or content transmitted via the Services without liability (i) if Insightt reasonably believes, in its sole discretion, that the Services are being used in violation of this Agreement or applicable law, (ii) if requested by a law enforcement or government agency or otherwise to comply with applicable law, provided that Insightt shall use commercially reasonable efforts to notify you prior to suspending the access to the Services as permitted under this Agreement, or (iii) as otherwise specified in this Agreement. Information on Insightt’s servers or Insightt’s service provider’s servers may be unavailable to you during a suspension of access to the Services. Insightt will use commercially reasonable efforts to give you at least twelve (12) hours’ notice of a suspension unless Insightt determines in its sole discretion that a suspension on shorter or contemporaneous notice is necessary to protect Insightt or its customers.

7. Information About You and Your Use of the Services; Communications

While using the Services, in order to provide features, Insightt may collect, and you agree to allow us to collect:

• Information regarding your location; and

• Pictures and other information from any selected photos you post from your photo library or device’s camera.

We use this information to provide features of the Services and to improve and customize the Services. The information may be uploaded to Insightt's servers and/or a service provider's server or it may be simply stored on your device. You can enable or disable access to this information at any time, through your device settings.

All of the information we collect on through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Your privacy is important to us. Please review our Privacy Policy for information on how we collect, use, disclose, retain and protect your personal information.

All links to our Services must be approved in writing by Insightt, except that Insightt consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on its Services or use other techniques that alter in any way the visual presentation or appearance of any content within its Services; (b) misrepresent your relationship with us; (c) imply that Insightt approves or endorses you, your website, or your service or product offerings; or (d) present false or misleading impressions about or otherwise damage the goodwill associated with the Insightt name or trademarks. As a further condition to being permitted to link to this website, you agree that Insightt may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any Insightt trademark.

The Services may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Services.

• Send emails or other communications with certain content, or links to certain content, on the Services.

• Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Link to any part of the Services that displays content of other users.

• Use any other technique that may alter in any way the visual presentation or appearance of any of the content within the Services.

• Misrepresent your relationship with Insightt.

• Imply that Insightt approves or endorses you, your website, or your service or product offerings.

• Present false or misleading impressions about or otherwise damage the goodwill associated with the Insightt name or trademarks.

• Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of the Agreement.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards set out in this Agreement. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We may disable all or any social media features and any links at any time without notice in our discretion.

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Insightt makes no representations whatsoever about any other website that you may have access from our Services. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Insightt is not responsible for the privacy practices, content, or availability of those websites and Insightt denies any liability whatsoever for use of such websites. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. It is up to you to take precautions to ensure that whatever you select for your use is free of items of a destructive nature.

By creating an account, you electronically agree to accept and receive communications from Insightt via text message, WhatsApp, calls, in-app communications, and push notifications to the telephone number(s) or email addresses you provided to Insightt. You may also receive communications generated by automatic telephone dialing systems on behalf of Insightt. Message and data rates may apply, which shall be your sole responsibility.

8. Confidentiality

In consideration of each party furnishing any Confidential Information to the other party, whereby the party receiving Confidential Information is referred to herein as the “Recipient” and the party providing such Confidential Information is the “Discloser”, each party agrees as follows:

"Confidential Information" consists of all materials and information concerning Discloser, including its directors, officers, employees, shareholders, affiliates and/or subsidiaries (collectively, "Affiliates"), and use of the Services which is non-public, confidential and/or proprietary in nature, whether disclosed before or after the date hereof, that is conveyed from Discloser to Recipient orally or in written, electronic or tangible form, or otherwise obtained by Recipient through observation or examination of Discloser's operations or Confidential Information. Confidential Information includes, but is not limited to, information about Discloser's financial condition and projections; business, marketing or strategic plans; customer lists; customer data and related information; price lists; databases; trade secrets; product prototypes and designs; techniques, formulae, algorithms and other non-public process information; and the Services including but not limited to software (including source code, object code and machine code) relating to the foregoing. For purposes of clarity, the parties acknowledge that any client data or other client information provided or disclosed to Recipient in connection with the Services shall be deemed to be Confidential Information for all purposes under this Agreement.

Confidential Information does not include information that: (i) is part of the public domain through no act or omission of Recipient in violation of this Agreement; (ii) is or was disclosed to Recipient by a third party that is not under a contractual or similar obligation of confidentiality to Discloser; (iii) is or was developed independently by Recipient without use of Confidential Information, as evidenced by Recipient's written records; (iv) is approved for release by written authorization of Discloser; (v) is in Recipient's possession, not in violation of these Terms, prior to receipt from Discloser.

Recipient agrees that it will take all reasonable measures to maintain in confidence and safeguard all Confidential Information, exercising at least the same degree of care as Recipient exercises with regard to its own confidential and proprietary information of a similar nature, but in no event less than a reasonable degree of care. Recipient agrees not to disclose to any other third party any of the Confidential Information of Discloser without Discloser's prior written consent; provided, however, that Recipient may disclose such Confidential Information to its (x) Affiliates and (y) accountants, attorneys and other confidential advisors (collectively, “Representatives”). Recipient shall remain liable to Discloser for actions of its Representatives in connection with their use of the Confidential Information.

In the event that a Recipient or its Representatives are requested pursuant to, or required by, applicable law, regulation or legal process to disclose Confidential Information, such Recipient or its Representatives will, to the extent permitted by applicable law, rule, regulation or legal process, notify Discloser promptly so that Discloser may seek a protective order or other appropriate remedy (and in such event, Recipient agrees that it will, and will instruct its Representatives to, provide assistance to Discloser in such regard) or, in Discloser's sole discretion, waive compliance with the terms of this Agreement. In the event that no such protective order or other remedy is obtained prior to the date such Confidential Information is so requested to be disclosed, or that Discloser waives compliance with the terms of this Agreement, Recipient or its Affiliates or Advisors may, without violating this Agreement, furnish Confidential Information pursuant to such request; provided that Recipient shall furnish only that portion of the Confidential Information that Recipient or its Affiliates or Advisors are advised in writing by counsel is legally required to comply with applicable law, regulation or legal process; and provided further that Recipient or its Affiliates or Advisors shall give Discloser written notice of the Confidential Information to be disclosed as far in advance of its disclosure as is practicable.

Each party acknowledges that any unauthorized disclosure or use of the Confidential Information would cause the other party imminent irreparable injury and that such party will be entitled to, in addition to any other remedies available at law or in equity, temporary, preliminary, and permanent injunctive relief in the event the other party does not fulfill its obligations under this Section.

This Section will survive expiry or termination of these Terms.

9. Geographic Restrictions

The owner of the Services is based in the State of Florida in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

10. Your Obligations

You agree that no employees of Insightt will be required to individually sign any agreement in order to perform any services hereunder including, but not limited to, access agreements, security agreements, facilities agreements or individual confidentiality agreements.

You acknowledge that the Services may include features that track location and position of users, utilize pictures and other information from the user’s device's camera and photo library, and usage use per user, interactive communications and notifications, time sheets or timecards which may be edited by authorized users, commission authorizations, and missed opportunities for repossession and other features, and therefore, you agree to:

1. notify all employees regarding the user’s access and control of the features above;

2. only utilize and allow the Services to only be utilized for the limited scope for which they were intended;

3. inform all users not to use the Services when the same may lead to dangerous conditions, including but not limited to while driving;

4. corroborate that there were no changes regarding orders for repossession and that the order is still active, prior to taking any action to repossess;

5. comply and guarantee that you and all of your users will comply with all applicable laws, regulations, and ordinances relating to this Agreement, including without limitation those relating to privacy, employment, repossession, electronic communications and anti-spam legislations.

We are not responsible and do not make any representations or warranties regarding your use or any user’s use of the Services that are not in compliance with the same, any failure by you to comply with the obligations above, and/or any damages stemming from the same.

You shall be obliged to inform your users before the beginning of use of the Service about the rights and obligations set forth in this Agreement. You will be liable for any violation of obligations by your users or by other third parties who violate obligations within your control.

11. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, TABLET, OR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SERVICES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER INSIGHTT NOR ANY PERSON ASSOCIATED WITH INSIGHTT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER INSIGHTT NOR ANYONE ASSOCIATED WITH INSIGHTT REPRESENTS OR WARRANTS THAT THE SERVICES, THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, INSIGHTT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL INSIGHTT, ITS AFFILIATES, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, WRONGFUL REPOSSESSION, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. Some jurisdictions disallow the exclusion or limitation of liability for damages, so these limitations and exclusions may not apply to you.  In no event shall Insightt’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of FIVE dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You agree to defend, indemnify, and hold harmless Insightt, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Services, including any use of the Services’ content, services, and products other than as expressly authorized in the Agreement, or your use of any information obtained from the Services.

12. Changes to the Services and Terms

Please note that we will periodically make changes to these Terms and we reserve the right to do so at any time.  In the event that we make changes to these Terms, we will alert you that changes have been made by indicating at the top of this Agreement the date that it was last updated. It is your responsibility to review this Agreement frequently and remain informed about any changes to it, so we encourage you to visit this page often. This Agreement takes precedence over any previous terms of service/use/conditions that we have issued related to our website and your continued use of our website constitutes your acceptance of any amendments to and the most recent version of this Agreement.

If you object to any of the changes to this Agreement, or otherwise do not understand or agree to any of the changes to this Agreement, please discontinue our Services. By continuing to use our Services following notice of any change to this Agreement, you agree to and are bound by this Agreement as changed.

We may also make improvements or changes in the products, services, or programs described in the Services at any time without notice. We may update the content provided by the Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

13. Term and Termination

The term of this Agreement shall continue until terminated by Insightt or you.

These Terms and any rights created hereunder may be terminated by Insightt: (i) if you fail to make timely payments due hereunder (at such time, Insightt shall be entitled to stop all Services and suspend your access to the Services without any liability or need to provide further notification. Access will be restored upon receipt of payment in full (the only permitted exception is where a portion of the payment is subject to a bona fide dispute in good faith and the parties are promptly working to resolve the dispute)); (ii) on thirty (30) days written notice to you if you fail to perform any other material obligation required of it hereunder, and such failure is not cured within such thirty (30) day period; or (iii) you file a petition for bankruptcy or insolvency, have an involuntary petition filed against it, commence an action providing for relief under bankruptcy laws, file for the appointment of a receiver, or are adjudicated a bankrupt concern.

If you would like to terminate your subscription for the Services, you can do this in two ways:

1. Cancelling the subscription via your portal under the subscription tab which cancels the subscription immediately avoiding further charges while the Services remain active until the end of the billing cycle; or

2. Cancelling the subscription by emailing our support email at customer.support.83@insightt.io and creating a request to cancel which shall then provide Insightt with thirty (30) days' notice and the Insightt will comply with the request within thirty (30) days of the same.

Either method of cancelling the subscription services and discontinued use of the Services shall result in the termination of this Agreement. Please note even though you cancel your subscription, Insightt shall retain your data.

14. Miscellaneous

You and Insightt agree that any claim, demand, controversy, dispute or cause of action arising out of or in any way related to this Agreement, your relationship with us, or your use of or inability to use or Services (through our website or otherwise) (each a “Claim”), will be resolved in accordance with the provisions set forth in this section. Please read this section carefully, as this section affects your legal rights and will have a substantial impact on how any Claim you and Insightt may have against each other is resolved.

Applicable Law. All matters relating to the Services and this Agreement, and any Claim shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) and without regard to our state or country of residence, domicile or origin or where you accessed our website or Services.

Notice. We want to avoid legal action and we hope you do too. Therefore, if either you or we plan to pursue a Claim against the other, you or we must first send to the other notice of the Claim specifically detailing the events giving rise to the Claim, the date the Claim accrued, any prior attempts to rectify or address the Claim, and the relief sought. If you intend to pursue a Claim against us, you must send your notice to us via certified mail to the following address:

Insightt, Inc.
Re: Notice of Claim
2152 Johnson St
Hollywood, Florida 33020

If we intend to pursue a Claim against you, we will send a notice of Claim to you at the email address associated with your member account. It is your responsibility to keep your address updated via your account page. If you and we are unable to resolve the Claims described in the notice within 30 days after the notice is sent, or if either party sends the other a written denial or rejection of its Claims prior to the expiration of this 30-day period, either party may initiate arbitration in accordance with this section. Note that neither party must complete and send a notice to pursue any Claim as a counterclaim against the other party in any pending legal action.

Agreement to Arbitrate. A You and Insightt agree that any Claim shall be resolved exclusively through final and binding arbitration, rather than in state or federal court. You and Insightt agree that each waives any right to a jury trial under this Agreement to Arbitrate.

YOU AND INSIGHTT AGREE THAT EACH MAY BRING ANY CLAIM AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND INSIGHTT AGREE OTHERWISE (IN WRITING), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIM AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM. ANY RELIEF AWARDED CANNOT AFFECT OTHER INSIGHTT CLIENTS.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the applicable law and terms of this Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or in any way relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate (or any portion thereof), or of this Agreement (or any portion thereof), including any claim that all or any portion of the Agreement to Arbitrate or this Agreement is unenforceable.

The arbitrator shall not be bound by rulings in prior arbitrations involving different Insightt clients but is bound by rulings in prior arbitrations involving the same Insightt client to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The arbitration of any Claim shall be held in Hollywood, Florida and will be conducted and governed by the American Arbitration Association located in Hollywood, Florida (the “AAA”) in accordance with the AAA Rules then in force (the “AAA Rules”), except as such rules and procedures are modified as follows:

1. The arbitration hearing shall take place no later than 120 days after arbitration is initiated.

2. Where no party’s claim exceeds $10,000 (exclusive of interest, attorney fees, and arbitration costs), the dispute shall be resolved by submission of documents unless the arbitrator determines that an oral hearing is necessary. Within 14 days after appointment of the arbitrator, the arbitrator shall schedule a preliminary case management teleconference to establish fair and equitable procedures for the submission and review of documents. The final date for submissions (including any response and replies, if permitted) shall be no later than 120 days after arbitration is initiated.

3. Except where no party’s claim exceeds $10,000 (exclusive of interest, attorney fees, and arbitration costs), each party (or each party’s representative if such party is an entity or organization) must appear in-person at the arbitration hearing.

4. Discovery of documents and other tangible things shall be limited to those documents and other tangible things which each party intends to rely on during the arbitration.

5. Documents presumed admissible shall include this Agreement, the applicable sale documents (including the Invoice, Bill of Sale, Statement of Facts, Damage Disclosure Statement, and Power of Attorney), and all emails sent to one party from the other party.

6. It shall not be a requirement for a document to be presumed admissible that the party offering a document has made available, after request, to all other parties all other related documents from the same author or maker.

7. Legal issues (which may be resolved without need for reliance on factual issues) shall be resolved via summary disposition by the arbitrator prior to the arbitration hearing.

8. At least two business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. The arbitrator shall resolve disputes concerning the exchange of exhibits.

9. Unless applicable law provides otherwise, the arbitration may proceed in the absence of any party who fails to appear at the arbitration hearing or fails to submit documents in a dispute to be resolved by the submission of documents. An award may be made solely on the default of a party for failure to appear.

10. If the total and combined relief requested is $100,000 or more (exclusive of interest, attorney fees, and arbitration costs), a party may appeal purely legal errors and manifestly erroneous factual findings.

The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over any arbitration. Rather, the AAA Rules shall determine the number of arbitrators that may preside over any given arbitration conducted under this Agreement to Arbitrate.

Costs of Arbitration. Each Party will advance an equal share of the arbitrator’s fees and the administrative fees of arbitration

Severability. If an arbitrator or court decides that any portion of this Section Agreement to Arbitrate is invalid or unenforceable, the other parts of this Section Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions regarding the prohibition of class and representative actions and non-individualized relief is invalid or unenforceable, then the entirety of this Section Agreement to Arbitrate shall be null and void. The remainder of this Agreement shall continue to apply.

If an arbitrator or court decides that the requirement set forth in this section that any arbitration under this Agreement be held in Hollywood, Florida is invalid or unenforceable, the other parts of this section shall still apply, and any arbitration shall instead be held in the county in which you reside or at another mutually agreed location. In cases where an in-person hearing is held, you and/or Insightt may attend by telephone, unless the arbitrator requires otherwise. In the event that arbitration is not binding or enforceable for any reason, the Parties agree that any Claim shall be resolved in the state or federal courts located in Hollywood, FL and hereby submit to the exclusive jurisdiction and venue of these courts for the purpose of litigation any Claim in such event.

Changes to the Arbitration Clause. Notwithstanding any provision in this Agreement to the contrary, you and Insightt agree that if Insightt makes any change to this section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any Claim that was filed in a legal action or proceeding against Insightt prior to the effective date of the change.

Violation of this Section. You agree that if you file or initiate litigation or any other legal action or proceeding against Insightt in violation of or without fully complying with this section, you will cause such litigation or action to be dismissed without prejudice within 15 days of the date of a written request from Insightt. Additionally, you acknowledge and agree that any applicable limitations period will not be tolled during the pendency of any such litigation or action. In the event you fail and/or refuse to cause such litigation to be dismissed as required by this section, you hereby agree to pay all reasonable costs and expenses (including court fees, attorney fees, travel expenses, and other related costs and expenses) incurred in connection with Insightt’s efforts to obtain a stay or dismissal of such litigation or legal action or proceeding. The parties acknowledge and agree that the right to an award of costs and expenses (including attorneys’ fees) under this section is limited to the specific circumstances set forth herein and is not intended to provide any party with a general right to an award of costs and expenses (including attorneys’ fees), even if such party is the “prevailing party” in connection with any Claim.

Attorneys’ Fees. Except as specifically provided under this Agreement, the AAA Rules, or by applicable law, the parties acknowledge and agree that (a) the arbitrator will award to the prevailing Party or Parties all of the prevailing Party or Parties’ costs and attorneys’ fees, and (b) in the event that arbitration is not binding or enforceable for any reason and either party files a suit or action to resolve a Claim, the prevailing party shall be entitled to recover from the non-prevailing party all fees, costs and expenses including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include without limitation all fees, costs and expenses of appeals.

Service of Process. You expressly agree to accept service of process by the certified or registered mailing of a copy of the summons and complaint to the last address provided by you to Insightt. It is your responsibility to keep your account information updated.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

You acknowledge and agree that no independent contractor, partnership, joint venture, employer-employee, principal- agent, or franchiser-franchisee relationship is intended or created by this Agreement or your use of our Services.

This Agreement constitutes the sole and entire agreement between you and Insightt, LLC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Any provision of this Agreement which imposes an obligation after termination, cancelation, or expiration of your Member Account or this Agreement will survive the termination, cancelation, or expiration of this Agreement.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at customer.support.83@insightt.io.

15. Designated Agent

Claims of copyright and trademark infringement should be sent to Insightt’s designated agent, at 2152 Johnson Street, Hollywood, Florida, 33020.

16. Your Comments and Concerns

The Services are operated by Insightt, Inc., which is located at 2152 Johnson St, Hollywood, Florida 33020. All notices of Claims should be sent to us at the aforementioned address. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: customer.support.83@insightt.io.