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Last Updated: October 31, 2023
WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND INSIGHTLY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “ARBITRATION” BELOW FOR DETAILS REGARDING ARBITRATION.
4. Changes To Terms Of Service. We may update the Terms from time to time, and if we do, we’ll let you know by posting the updated Terms at Insightly’s PartnerStack site. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not participate in the Partner Program or use the Services anymore. Because our Services and the Partner Program are evolving over time, we may change or add features to the Services and/or the Partner Program at any time.
5. Your Account.
6. What We Own and License to You.
7. Subscriptions. Insightly requires a Subscription to use the Services but may make certain limited portions of the Services available for free without a Subscription. Insightly may also provide portions of the additional Services that are made available to those who purchase Subscriptions for free for a trial period. At any time during the trial and thereafter, you may purchase a Subscription.
8. Your Data.
a. Rights in Your Data.
b. Responsibility for Your Data. You are solely responsible for all of Your Data. You represent and warrant that (i) you have received all appropriate rights, consents, permissions, waivers and notices required for you to be able to provide Your Data to the Company, in compliance with all applicable laws and contractual requirements; and (ii) neither Your Data, nor your use and provision of Your Data to be made available through the Services, nor any use of Your Data by Insightly on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
9. Rights and Terms for the Mobile App.
10. General Prohibitions and Insightly’s Enforcement Rights. You agree not to do any of the following:
Although we’re not obligated to monitor access to or use of the Services, Our Content, or Your Data, or to review or edit any of Our Content or Your Data, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of Our Content or Your Data, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of Our Content or Your Data to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
11. Links to Third Party Websites or Resources. The Services (including the Mobile App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
13. Warranty Disclaimers. THE SERVICES, OUR CONTENT, AND YOUR DATA (AS YOUR DATA IS PRESENTED ON THE SERVICES), AS WELL AS THE PARTNER PROGRAM, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
14. Indemnity. You will indemnify and hold harmless Insightly and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Our Content, (ii) Your Data, (iii) your breach of these Terms, and (iv) your violation of applicable law.
15. Limitation of Liability.
16. Governing Law. These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions.
17. General Terms.
These Terms do not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties and in respect to other matters.
19. Partner Revenue Share and Payment.
A prospective customer is not considered valid a Legitimate Prospect or End User for receipt of Revenue Share payments: (i) if it is not registered via the Partner’s referral link, (ii) if it is not accepted by us, (iii) if the registration has expired, (iv) after these Terms are expired or terminated, or (v) if it is already in a current deal process with Insightly. Please note that we may, at our discretion, reject any prospective customer which you may refer, for any reason, including without limitation if the customer has already been registered by another Partner or due to our financial, legal, regulatory and channel policies. Once the valid prospect has been successfully registered and is ready to purchase, we will, at our discretion, accept an order and provision the Subscription Service for the End User in order to complete a Qualified Transaction.
20. Revenue Share and Payment.
In order to receive a Revenue Share payment under these Terms, you must have: (i) agreed to and complied with these Terms; (ii) provided PartnerStack with your payment information based on their payment process. Please review PartnerStack for more information on the partner reward process here. Once Insightly is paid by the referred customer you will be eligible to receive Revenue Share on Qualified Transactions.
21. Training and Support.
22. Optional Partner Programs.
We may from time to time offer you optional tools, beta testing programs or partner promotions (the “Optional Programs”). If you choose to use any Optional Programs, you grant us all rights and permissions to take all actions reasonably necessary to effectuate the purpose of the Optional Programs. If the Optional Programs include our making certain promotions available to our partners, you will: (i) market and promote the promotion only to your registered and valid prospects, (ii) only market and promote the promotion individually within a distinct sales process, and not engage in any form of mass marketing of the promotion, and (iii) will follow the all the other terms and criteria applicable to that specific promotion as we designate. We may discontinue all or a portion of any Optional Programs (as well as our Partner Program) at any time. Additional terms may apply to your participation in Optional Programs. We will make any additional terms available to you for your review at the time of the offer to participate in such Optional Programs.
You grant to us a nonexclusive, nontransferable, royalty-free right to use and display your trademarks, service marks and logos (“Participant Marks”) in connection with the Partner Program and these Terms for the purpose of marketing and carrying out our obligations under, and promoting, the Partner Program.
We retain all ownership rights in Insightly Trademarks. During the term of these Terms, you may use our trademark as long as you follow the usage requirements in this section and the incorporated guidelines. You must: (i) only use the images of our trademarks that we make available to you as part of your participation in this Program (e.g., authorized partner badges), without altering them in any way, (ii) only use our trademarks in connection with the Program and (iii) immediately comply if we request that you discontinue use.
You must not use any of our trademarks: (a) in a misleading or disparaging way; (b) outside the scope of the Program or these Terms; or (c) in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
24. Proprietary Rights.
We encourage all customers and partners to comment on the Services, provide suggestions for improving them, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Services, without payment to you.
26. Opt Out and Unsubscribing.
You will comply promptly with all opt out, unsubscribe, “do not call” and “do not send” requests.
27. Contact Information.
Please also see our Data Processing Addendum for more information.