1. DEFINITIONS

In these Terms of Service, the following terms have the following meanings:

• • “Agreement” means these Terms of Service.
  • “Customer” means any individual or entity that agrees to these Terms of Service in order to use the Software.
  • “Data” means all data, including Personal Information, text, images, audio, video, photographs, software, and other content and material, in any format, provided by Customer or Users that is stored in, or run through, the Software.
  • “Intellectual Property Rights” means all intellectual property rights, including patents, copyrights, trademarks, trade secrets, and know-how, whether registered or unregistered.
  • “Personal Information” means any information about an identified individual or an individual who is reasonably identifiable.
  • “Services” means the subscription-based software provided by Insightful Sums.
  • “Software” means the SaaS software application provided by Insightful Sums
  • “Subscription” refers to the annual subscription to our services.
  • “Support Services” means the support services provided by Insightful Sums in connection with the Software.
  • “Term” means the period of time during which Customer is subscribed to the Software, as set out in the Order Form.
  • “User” means any individual who uses the Software on behalf of Customer.
  • “You” and “your” refer to the user of our services.
  • “We”, “us”, “our”, and “Insightful Sums” refer to Insightful Sums, the provider of the services.

2. ACCEPTANCE OF TERMS

By using Insightful Sums, you agree to these Terms of Service and any modifications made to them. We may update these terms from time to time, and your continued use of the services constitutes acceptance of any changes.

3. DESCRIPTION OF SERVICES

Insightful Sums offers a comprehensive suite of tools designed for hair and beauty salon owners to assist with calculations and understandings of their business. Our services include pricing calculations, staff wage calculations, staff target calculations, retail product calculations, with additional tools being added upon development.

4. ACCOUNT REGISTRATION

To access our services, you must register for an account. You agree to provide accurate, complete, and current information during the registration process and to update such information as necessary.

5. TRIAL PERIOD

• New users are entitled to a 7-day free trial period. During this trial period, you will have access to features and functionalities of Insightful Sums with some restrictions/limitations in place.
• The trial period begins upon your account registration.
• You are not required to provide payment details to access the trial period, but payment details will be required to continue using the services after the trial ends.

5.2 Post-Trial Subscription

• At the end of the 7-day trial, if you wish to continue using Insightful Sums, you must subscribe to one of our annual plans. Your subscription will begin immediately after the trial period ends.

6. SUBSCRIPTION AND PAYMENTS

• Our services are offered on an annual subscription basis, which automatically renews every twelve (12) months.

6.2 Subscription Policy

• Subscriptions renew annually and are automatically collected until cancelled.
• You can cancel your subscription at any time. If you cancel, you will retain access to the services until the end of the current subscription term.

6.3 Payment Terms

• Payment for the annual subscription is required in advance. We accept various payment methods, which will be specified during the sign up process.
• You authorize Insightful Sums to charge the applicable subscription fees to the payment method you provide.
• Missed payments will result in restricted access to the services until the payment is made.
• Insightful Sums reserves the right to change its pricing schedule at any time. However, Insightful Sums will provide the Customer with at least thirty (30) days’ notice of any price changes.

6.4 Refund Policy

• All payments are normally non-refundable due to the nature of the information provided and access remaining available to the service. However, refunds may be assessed on a case-by-case basis. Please contact us at reachout@insightfulsums.com to discuss your options.

6.5 Access to Services

• Access is granted once the subscription payment is processed.

6.6 Cancellations

• You are responsible for cancelling your subscription with Insightful Sums. Cancellations are able to be processed within Insightful Sums, from the My Account page.

7. CUSTOMER OBLIGATIONS

Customer agrees to:

7.1 – Use the Software in accordance with this Agreement and all applicable laws and regulations.

7.2 – Not use the Software to:

• 7.2.1 – Infringe the Intellectual Property Rights of any third party.
• 7.2.2 – Store or transmit any Data that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable.
• 7.2.3 – Interfere with or disrupt the Software or the servers or networks on which the Software is hosted.
• 7.2.4 – Keep all passwords and other login credentials confidential and not share them with any third party.
• 7.2.5 – Notify Insightful Sums immediately of any unauthorized use of the Software or any other security breach.

8. CONFIDENTIALITY AND PROPRIETARY RIGHTS

Customer agrees to keep all data confidential and to not disclose it to any third party without the prior written consent of Insightful Sums.

Customer acknowledges that Insightful Sums owns all Intellectual Property Rights in the Software.

This obligation extends beyond the termination of the subscription.

9. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Insightful Sums shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the services. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses.

10. INDEMNITY

You agree to indemnify and hold Insightful Sums harmless from any claims, losses, liabilities, damages, costs, and expenses (including legal fees) arising out of your use of the services, your violation of these Terms of Service, or your infringement of any intellectual property or other rights of any person or entity.

11. TERMINATION

Insightful Sums reserves the right to terminate your access to the services at any time, with or without cause, and without notice. Upon termination, your right to use the services will immediately cease. Any data you have stored on our platform will be inaccessible after termination.

12. GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the Northern Territory, Australia. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of the Northern Territory.

13. SEVERABILITY

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14. WAIVER

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Insightful Sums’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

15. CHANGE TO TERMS

We reserve the right to modify these Terms of Service at any time. We will notify you of any changes by posting the new terms on our website. Your continued use of the services after any such changes constitutes your acceptance of the new Terms of Service.

16. INTENDED USE

This software is designed and intended for use on a desktop or laptop computer via a web browser. It is not optimized for mobile devices and may not function properly on smartphones or tablets.

17. SUPPORT POLICY

Support for Insightful Sums is provided through email, help guides available on our platform, and an in-app AI chatbot powered by Botsonic. We do not currently offer phone support or free trials.

18. THIRD PARTY INPUTS

• Botsonic for our AI chatbot.
• Freshsales CRM for customer relationship management.
• FreshDesk Service Desk for customer service support.
• The platform is built on Bubble.io and our servers are hosted in Sydney, Australia.
• Pendo for our in application product tours

19. CONTACT US

f you have any questions or concerns about these Terms of Service, please contact us at:

Postal Address:

Insightful Sums

PO Box 460

Berrimah

Northern Territory 0828

Email:

reachout@insightfulsums.com