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TERMS OF SERVICE

Welcome to Insightful Sums! By using our SaaS software, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use our SaaS software.

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.
    • “Software” means the SaaS software application provided by Insightful Sums
    • “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.

2. GRANT OF LICENSE

Subject to the terms and conditions of this Agreement, Insightful Sums hereby grants Customer a non-exclusive, non-transferable license to use the Software during the Term.

3. CUSTOMER OBLIGATIONS

Customer agrees to:

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

3.2 – Not use the Software to:

  • 3.2.1 – Infringe the Intellectual Property Rights of any third party.
  • 3.2.2 – 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.
  • 3.2.3 – Interfere with or disrupt the Software or the servers or networks on which the Software is hosted.
  • 3.2.4 – Keep all passwords and other login credentials confidential and not share them with any third party.
  • 3.2.5 – Notify Insightful Sums immediately of any unauthorized use of the Software or any other security breach.

4. 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.

5. PAYMENT OF FEES

5.1 – The Customer agrees to pay Insightful Sums the fees for the Services as set forth in the Company’s pricing schedule.

5.2 – The Customer agrees to pay Insightful Sums all applicable taxes and fees.

5.3 – 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. TERM AND TERMINATION

This Agreement shall commence on the Effective Date and shall continue in effect for the Term.

Insightful Sums may terminate this Agreement immediately if Customer breaches any of its obligations under this Agreement.

7. WARRANTY AND DISCLAIMER

INSIGHTFUL SUMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO INSIGHTFUL SUMS’S SOFTWARE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INSIGHTFUL SUMS IS PROVIDED ON AN “AS IS” BASIS.

8. INDEMNITY

Customer agrees to indemnify and defend Insightful Sums from and against all claims, losses, damages, and liabilities arising out of or in connection with Customer’s use of the Software.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE INSIGHTFUL SUMS

10. 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.

11. GENERAL TERMS

This Agreement shall be governed by and construed in accordance with the laws of Northern Territory, Australia.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

No variation or modification of this Agreement shall be valid unless in writing and signed by both parties.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

This Agreement may be assigned by Insightful Sums without the consent of Customer. Customer may not assign this Agreement without the prior written consent of Insightful Sums.

12. CONTACT US

If you have any questions about these Terms of Service, please contact us at reachout@insightfulsums.com

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