INSPY, INC.
TERMS OF USE
Welcome to Inspy! These Terms of Use (“Terms”) set out your (“you” or “your”) rights and responsibilities with respect to your use of any products, services and offerings, including Inspy’s mobile applications and desktop experience available at Inspy.ai (collectively, the “Services”) made available by Inspy, Inc. (“Inspy,” “we” or “us”). By using the Services, you agree that these Terms will become a legally binding agreement between you and us, so please read these Terms carefully.
Please note that Section 14 of the Terms below contains a binding arbitration agreement and class action waiver for users in North and South America. By agreeing to the Terms, you and Inspy agree to submit any disputes between us exclusively to individual arbitration and not to sue in court, except in the limited circumstances described below.
1. These Terms
These Terms will include by reference any other documents referenced below, and all mentions of the “Terms” below shall be read to include such referenced documents.
The Terms are a legally binding contract between you and us.
2. Your Privacy
Our Privacy Policy (which you can find here ) details how your data is collected, used and shared when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy.
3. Your Use of Our Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services. However:
A. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your use of the Services requires, and to meet applicable legal requirements in applicable jurisdiction(s).
B. You agree that you will not, and will not attempt to, violate any legal, regulatory or other protections in connection with your use of the Services, including intellectual property rights.
C. You shall not yourself or through a third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service to any third party (except as permitted under these Terms); (ii) access the Service for purposes of performance benchmarking; (iii) access the Service for purposes of building or marketing a competitive product; (iv) use the Service to transmit unsolicited emails or engage in spamming; (v) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; (vi) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service.
D. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including our intellectual property) without our express permission.
E. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, submitting excessive requests to our site or platform, or using other harmful computer code.
F. The name “Inspy” and the other Inspy marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Inspy in the US and other countries.
G. Any ideas or other materials you submit to Inspy are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
H. From time to time, we will provide you with certain legal information in writing. By using our Services, you agree that we can send you information electronically (such as by email) instead of mailing you paper copies, and that your electronic agreement is the same as your signature on paper.
4. Your Account with Inspy
You will need to create an account with Inspy to use some of our Services. If you do not create an account, you cannot use those Services.
A. You must be 18 years or older to use our Services. If you are between the ages of 13 and 18, you may use our Services only through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. If you are under 13, you are not permitted to use Inspy or the Services. If you give a minor (under the age of 21) access to your account, you are responsible for any and all account activity they conduct.
B. All information you provide to us must be complete and accurate. You cannot use false information or impersonate another person or company through your account.
C. Choose an appropriate name. You may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
D. You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
F. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Inspy.
5. Your Creations
A. In connection with your use of the Services, the Services may produce certain images (the “Creations”). You may use the Creations in connection with the Services. We make no representations or warranties with respect to the Creations (whether with respect to their originality, non-infringement of third-party intellectual property or otherwise).
B. You may publish or share Creations with others within the Service. You are not prohibited from publishing or sharing the Creations on a Third Party Service by us, but please read carefully any terms of service or similar restrictions applicable to Third Party Services to confirm that such third-party terms and restrictions do not prohibit such sharing or publishing. Inspy maintains no responsibility in relation to such sharing of Creations. Inspy’s enablement of such activity or the Service’s performance of actions to publicly share Creations at your instruction shall not be considered a violation of any of Inspy’s obligations under these Terms.
C. The Creations may be developed in whole or in part by artificial intelligence. If you use the Services to create Creations, you agree not to, and not attempt to: (i) mislead anyone that the Creations are human-generated, (ii) provide any false, misleading or unauthorized content (such as content of a medically or legally sensitive nature) through or in the Creations, or (iii) circumvent or violate any rules or restrictions imposed by any third party on the use of AI-generated content.
6. Your Content
Content (including any images, writing, snippets, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, or otherwise) that you submit for display (hereafter, “post”) using our Services is your content (“Your Content”). You represent and warrant that you either own Your Content or otherwise secured all necessary rights in Your Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms.
A. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. By posting Your Content through our Services, you grant us and, as authorized by us in our sole discretion, third parties, a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help us function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree we may offer you or other users promotions on the Services, from time to time, that may relate to your listings or other listings on Inspy.
C. By posting Your Content, you grant us and, as authorized by us in our sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide and promote the Services in general, in any formats and through any channels. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
D. We have great respect for intellectual property rights, and are committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please inform us and we will assist to the extent reasonably able. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer.
E. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
7. Referral to Third-Party Websites and Stores
A. In connection with your use of the Services, the Services may contain or offer to you links or other referrals to websites, stores and services owned and controlled by third parties. When you access these third-party websites or services or purchase products and services offered by third parties, you do so at your own risk. We do not make any representations or warranties with respect to the third parties or the products and services purchasable therefrom, including with respect to their quality, security, applicability or otherwise. If your purchase from or interaction with such third parties does not meet your satisfaction, we cannot, and will not, assist you with or be liable to you for any such issues or resolutions thereof.
8. Apple App Store
The following applies to any mobile application you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Inspy, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price for the Apple-Sourced Software; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these terms and any law applicable to Inspy as provider of the software. You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Inspy as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Inspy, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Inspy acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as it relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary as it relates to your license of the Apple-Sourced Software.
9. Google Play Store
The following applies to any mobile applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are solely between you and Inspy only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Inspy, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Inspy’s Google-Sourced Software.
10. Termination
A. You may terminate your account with Inspy at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Additionally, you must pay any outstanding bills. As soon as you terminate your account, you are no longer licensed to use the Services and must cease using the Services immediately.
B. We may terminate or suspend your account (and any accounts Inspy determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Generally, Inspy will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you. If you or Inspy terminate your account, you may lose any information associated with your account, including Your Content.
C. We reserve the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in these Terms of Use. We will not beliable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
D. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
11. Warranties and Limitation of Liability
A. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. We are not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
B. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.
C. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. We are not a party to those agreements; they are solely between you and the third party.
D. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
E. WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
F. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER INSPY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL INSPY’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
If we receive a claim, notice, or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold Inspy (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, items you buy or sell through the Services or from a third party, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
13. Disputes with Other Users
If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. You release us from any claims, demands, and damages arising out of disputes with other users or third parties.
14. Arbitration Agreement and Class Action Waiver
A. Mandatory Binding Arbitration of Disputes. You and Inspy agree that, subject to limited exceptions specified in this Section 14 (the “Arbitration Agreement”), all disputes, causes of action, or claims arising out of, in connection with, or related to these Terms or this Arbitration Agreement, the Services, or any aspect of the relationship between you, on the one hand, and Inspy or its suppliers or sellers, on the other hand, or the breach, termination, enforcement, interpretation, or validity of the Terms or this Arbitration Agreement (collectively, “Disputes”), will be resolved through final and binding, individual arbitration in accordance with the rules and procedures of the American Arbitration Association (“AAA”), instead of in a court in any jurisdiction by a judge or jury. You and Inspy agree that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding this Arbitration Agreement, you and Inspy each retain the right to bring an individual action in small claims court if it qualifies. Each party also retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
B. Class Action/Jury Trial Waiver. You and Inspy agree that each party is waiving the right to trial by a jury or to participate in any purported class, collective, aggregate, mass, representative, or consolidated action, arbitration, or other proceeding. Unless both you and Inspy agree in writing, each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, aggregate, mass, representative, or consolidated action, arbitration, or other proceeding. If the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative, mass, or class proceeding. If the foregoing sentence is found to be unenforceable, then the entirety of this Arbitration Agreement section shall be null and void, and you and Inspy shall be deemed not to have agreed to arbitrate disputes on a mass or class basis. This Arbitration Agreement shall survive any termination of these Terms.
C. Opt-Out Procedures. You can choose to reject this Arbitration Agreement by sending Inspy a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms by mail at 37 Graham Street Suite 150, San Francisco, CA 94129 or by email at support@inspy.ai. If mailed, the Opt-Out Notice must be postmarked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with Inspy.
D. Rules & Procedures. The arbitration will be administered by the AAA under its Consumer Arbitration Rules and any supplementary rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.
A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. You can contact the AAA for more information on how to commence an arbitration proceeding at www.adr.org or 1-800-778-7879. Any arbitration hearings will take place in the county where you live or at another mutually agreed location.
It is the intent of the parties that the AAA Rules and the U.S. Federal Arbitration Act (“FAA”) shall preempt all state laws to the fullest extent permitted by law. If the AAA Rules and the FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of Delaware, without regard to its choice or conflict of law provisions.
E. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Inspy will pay for all filing, administration and arbitrator fees and expenses if your Dispute is for $100 or less, unless the arbitrator finds your Dispute frivolous.
F. Changes to Arbitration Agreement. Notwithstanding the provisions of “Changes to Terms” below, if Inspy changes any of the terms of this Arbitration Agreement after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. The written notice must be provided either by mail at 37 Graham Street Suite 150, San Francisco, CA 94129 or by email at support@inspy.ai. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Inspy in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
15. Changes to the Terms
We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. If the changes are material, we’ll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account.
16. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Inspy regarding the Services. Except as provided in Section 14, if any part of the Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
17. Contact Information
If you have any questions about the Terms, please email us at support@inspy.ai .