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Terms of Use

Thank you for visiting www.insightheroes.co (“Website”). This Website is owned and operated by Insight Heroes OÜ, having its registered office at Roosikrantsi tn 2-K139, Tallinn city, Harju county, Estonia 10119. If you continue to browse and use this Website, you are agreeing to comply with these Terms of Use which together with our Privacy Policy govern Insight Heroes’ relationship with you.

Definitions

Access to our Website is subject to the Privacy Policy located on our Website. Capitalised terms used and not defined in the Terms of Use, shall have the same meaning ascribed to them in the Privacy Policy.
Any reference to “You” or “Your” shall mean either:

  • the business entity who has subscribed to our Website for the purpose of availing our Services offered or
  • the end User(s) of such business entities who have availed our Services or purchased a product/the goods from such business entities (“User”), as per context. 


The Basics

We, Insight Heroes (“Company”; “We”; “Us”; “Our”) have developed a Website called www.insightheroes.co (“Website”), through which we offer certain Services by way of an automated platform, for the purpose of collecting, gathering, and analysing data or feedback shared by the User(s) with any business entity (“Services”) while availing Services or buying goods or articles from such a business entity.

  1. Eligibility:
    By availing of our Services, you represent and warrant that:

    • You are fully able, competent, and authorized to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use
    • You are of legal age to form a binding contract and are not a person barred from receiving our Services under applicable laws
    • Your use of our Website does not violate any applicable laws or regulations
    • In case of business entities:
    • If you accept these Terms of Use on behalf of a business entity, you represent and warrant that you are authorized to use and avail our Services or access our Website for and on behalf such a business entity. We shall not be responsible for verifying such an authority. It will be deemed that the concerned business entity accepts and agrees to these Terms of Use.
    • You confirm that the company, entity, or organization you represent are duly registered under applicable laws of the respective country where such company, entity, or organization conducts its business.
    • In the event we discover that you are a competitor of Insight Heroes, we reserve the right to restrict or remove your access to our Services without prior notice.

  2. Registration
    In order to access www.insightheroes.co or avail any of our Services, you may need to register with us through the signup process, depending on the nature of your access or the type of Services availed and then login via the User Account (the “Account”). The Company completes the verification of your User Account by sending a one-time password on your registered mobile number or email address. Only after verification and receipt of payment through our digital payment gateway will your registration with Insight Heroes be complete.
    You agree that the information you provided is true, accurate, current, and complete. You also agree that you will ensure that this information is kept up-to-date at all times.
    The business entity shall be responsible for maintaining the confidentiality of its User accounts and passwords. It also agrees to accept responsibility for all activities that occur under such User account or password and of the Services in the name of the business entity.

  3. Services Description
    Insight Heroes intends to provide you with a Software as a Service (SaaS) platform for conducting market research and data analytics. This platform may be further enhanced through value-added support and research analysis from time to time.
    Certain analytical reports, statistics, product data, and rendering of Services being sold by registered business entities based on the Content uploaded by the businesses and Users shall be provided by Insight Heroes. You understand and acknowledge that these reports are non-binding statistical interpretations of Insight Heroes based on the information gathered from respondents and these reports do not hold the Company liable for any business related decision.
    Although we shall make reasonable efforts to make our Services available to you at all times, the Company does not guarantee the 24×7 availability of the Website. Since our Services are provided over the Internet, viz. data and cellular networks, the quality, and availability of the same may be affected by factors outside our control. In case of non-availability, we will try and restore access to our Website on a best reasonable and commercially viable basis.

  4. Content Available
    You acknowledge that Insight Heroes does not make any representation or provide any warranties about the material, data, and information that is shared by any User or business entity (collectively, the “Content”) which you may have access to as part of our Services, or through your use of this Website. Under no circumstances are we liable in any way for any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via our Website.
  5. Content Shared
    You represent, warrant, and agree that no Content/details shared by you with our Website (“Your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality, or contains libellous, defamatory, or otherwise unlawful material.
    Your Content should be free from virus, Trojan, or malicious code etc.  We shall not take any liability with respect to Your Content. You should not share any Content with us which contains any illegal, unethical, or competitive data. We shall not authenticate, verify Your Content, or data. You shall be solely responsible for the same.
  6. Restriction on Services
    You understand and acknowledge the following:

    • You will not use our Services for any purpose that is illegal, unlawful, or prohibited by these Terms of Use
    • You will not use our Services in any manner that threatens or is likely to threaten the integrity, performance, or availability of our Services and Website
    • You will not reverse engineer, decompile, or otherwise extract the source code(s) related to our Website or any part thereof
    • You will not make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to other Users or Businesses
    • You will not impersonate another person or access another User’s Account
    • You will not collect information about other Users or Businesses in any illegal or unlawful manner for any illegal or unlawful purpose
    • You will not use our Services in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to any of our servers, networks, computer systems or resources
    • You will not interfere with any other third party’s access and enjoyment of our Services on the Websit
  7. Prohibited Conduct
    You agree not to engage in any of the following activities:

Violating laws and rights:
You shall not:

– use our Website or Services for any illegal purposes or in violation of any local, state, national, or international laws
– violate or encourage others to violate any right of or obligation to a third party by infringing or misappropriating intellectual property, confidentiality, or privacy rights
– If any of our Services are used by you for any unlawful activity, then we have all the rights related to such data as well as the right to co-operate with legal authorities regarding the same

Solicitation:
You shall not use our Website or Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.

Disruption:
You shall not use our Services in any manner that could disable, overburden, damage, or impair our Website, or interfere with any other party’s use and enjoyment of our Services, including but not limited to:

– uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code, or
interfering with or disrupting any network, equipment, or server connected to or used to provide any Services on our Website, or violating any regulation, policy, or procedure of any network, equipment, or server

Harming others
You shall not share or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful, or otherwise discriminatory, false or misleading, or incites an illegal act or is hurtful to any religious, racial, demographic, and ethnic sentiments.
You may not post or transmit any personally identifiable information about persons without obtaining such person’s express permission to do so.

Impersonation or unauthorized access:
You shall not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using our Services.

8. Change In Terms

Insight Heroes reserves the right to modify or discontinue, temporarily or permanently, the Services and the Website (or any part thereof) with or without notice. Further, we reserve the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on our Website. You are responsible for regularly reviewing these Terms of Use. Continued use of our Services after any such change shall constitute your consent to be bound by the updated Terms of Use. Your only right with respect to any dissatisfaction with these Terms of Use, policies, or practices in operating the Website or providing Services, is to stop availing our Services.

9. Disclaimers

You expressly acknowledge and agree that use of our Website and Services are entirely at your own risk and that our Website and Services therein are provided on an “as is” or “as available” basis, without warranties of any kind. All express and implied warranties, including, without limitation and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law.

To the fullest extent permitted by law, Insight Heroes, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website, the Services and your use thereof. We make no warranties or representations about the accuracy or completeness of our Services, Content details, Content shared by the Users or Businesses, and Content of any third party websites linked to our website.

We assume no liability or responsibility for any:

  • errors, mistakes, or inaccuracies of Content
  • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website and Services
  • any unauthorized access or use of our Website and/or any and all Personal Information and/or financial/technical information stored therein
  • any interruption or cessation of transmission to or from our Website
  • any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party, and/or
  • any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, communicated, transmitted, or otherwise made available via our Website and Services

We do not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through our Website and we shall not be a party to or in any way responsible for monitoring any transaction between you and/or other Users or businesses. We shall not be responsible for disruption of our Services caused due to loss of Internet connection between User or business and the impact on the usage of User or business.

You also agree not to interfere with or attempt to gain unauthorized access to any parts of our Website or any accounts, computer systems or networks, etc.

You understand and acknowledge that the Website is prone to unintentional inaccuracies in Content. E.g. typographical errors, improper linkages etc.

You understand and acknowledge that we shall not be responsible for any disputes which may arise between you and Insight Heroes or between you and other Users and businesses. You agree and confirm that we shall not be liable or be made-party to any such dispute or claims.

10. Limitation of Liability

In no event shall Insight Heroes, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential, or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of our Website or Services; whether the damages arise from use, misuse, interruption, suspension, modification, alteration, or termination of our Website or Services.

Such limitation of liability shall also apply with respect to damages:

  • incurred by reason of other Services or
  • rendered through or advertised in connection with our Website and Services or
  • to any links on our Website
  • to any information or advice received through in connection with our Website or Services

These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that we shall not be liable for:

  • User information or
  • business details and Contents or
  • the defamatory, offensive, and illegal conduct of any User, business, or third party and
  • the risk of harm or damage from the foregoing

The foregoing limitations of liability shall apply notwithstanding the failure of essential purpose of any limited warranty or remedy herein.

11. Indemnification

You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to:

  • details and Content that you submit or transmit to our Services
  • Any deficiencies in the fulfillment of orders by you
  • Your violation of any rights of any other person in connection with our Services
  • infringement of any third party intellectual property rights
  • any breach of the terms and conditions of these Terms of Use
  • any breach or violation of laws and regulations
  • any breach of representation and warranties made in relation to our Services
  • transactions (present and subsequent) between Users and businesses

12. Anti-Spam Policy

You certify that you shall avail of our Services in accordance with these Terms of Use. You are forbidden to transmit unsolicited commercial email (spam) by using our Services. Additionally, you are required to reconfirm or stop mailing an existing list when it is determined to be in violation of our anti-spam policy. Repeated violations or failures to comply with this anti-spam policy shall result in termination of your access to our Services. You agree and acknowledge that we shall not be held liable for any claim that may arise due to your violation of this anti-spam policy.

13. Privacy Policy

Insight Heroes is committed to responsibly handle Personal Information collected through our Website while providing Services in compliance with our Privacy Policy.

14. Ownership of Intellectual Property

Our Website and all the rights including but not limited to intellectual property rights subsisting under or in relation to our Website are owned by Insight Heroes and its affiliates, subsidiaries, licensors as the case may be. Insight Heroes respects copyright, and we prohibit you from submitting, uploading, posting, or otherwise transmitting any Content or details on our Website that violates another person’s proprietary rights.

If you believe that our Website contains elements that infringe any intellectual property rights, please notify us immediately. If we receive an intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such Content that is indicated as infringing and/or take any other appropriate action at our discretion.  

All materials on our Website, including but not limited to audio, images, photographs, software, text, icons etc. (the “Website Content”), are protected by copyright under copyright laws. You cannot use our Website Content, except as specified herein.

All of Insight Heroes tools and Services are trademarks wholly owned by Insight Heroes. There may be proprietary logos, service marks, and trademarks found on the Website whether owned/used by us or otherwise. By displaying them on the Website, we are not granting any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Website Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

15. Termination & Refunds

If you wish to terminate these Terms of Use, you may immediately stop accessing or using our Services or Website. If you terminated a subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons:

  • we have breached any of the terms of these Terms of Use
  • a refund is required by law

Insight Heroes may suspend or terminate your subscription for any of the following reasons:

  • breach of any of the terms of these Terms of Use
  • failure to comply with any of the terms of these Terms of Use

Your right to avail our Services terminates automatically upon your material breach of our terms. Thereafter, Insight Heroes shall have no obligation to execute any of the uncompleted tasks or refund any amount other than the subscription fee irrespective of loss of data or imaginable loss of monies on account of the use of our Services. We reserve the right to terminate these Terms of Use without prior notice.

16. Survival

Provisions such as a disclaimer of warranties, limitation of liabilities, indemnity, ownership of intellectual property, confidentiality, miscellaneous terms, and prohibited conduct shall survive any termination whatsoever.

17. Miscellaneous Terms

Choice of law and jurisdiction: These Terms of Use are governed by and construed according to the laws of India. The courts of law at Pune, Maharashtra shall have exclusive jurisdiction over disputes without regard to principles of conflict of laws.

Force majeure: Without limiting the generality of the foregoing, under no circumstances are we liable for any damage or loss due to deficiency in performance of our Services resulting directly or indirectly from acts of nature or causes beyond our reasonable control such as Internet failures, tech failures, change in law, strikes, or due to government regulations, civil disturbances, riots, and any other reason beyond the control of Insight Heroes OÜ.

No Waiver:  Our failure to insist or enforce strict performance of any of the terms of these Terms of Use shall not be construed as a waiver of any provision or right.

Severability: If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

No agency relationship: You agree that no joint venture, employment, or agency relationship exists between you and Insight Heroes as a result of these Terms of Use or from your use of our Services. You shall not make any statement or enter into any commitment, agreement, or arrangement on behalf of Insight Heroes, unless you are authorized to do so.

Entire agreement: These Terms of Use and Privacy Policy constitute the entire agreement between you and Insight Heroes relating to this subject matter and supersede any and all prior communications and/or agreements between you and Insight Heroes relating to this subject matter.

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