TERMS AND CONDITIONS

Insightful Eye

Use of Services
You will use the services provided by Insightful Eye (“we,” “us,” or “our”) only for lawful business purposes and in accordance with these Terms and any documentation we provide. You will not: (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, decompile, or otherwise attempt to extract source code (except to the extent such restriction is prohibited by law); (c) bypass or attempt to bypass any usage limits, security, or access controls; (d) use the Services to transmit unlawful, deceptive, harassing, or harmful content; or (e) infringe or violate any third‑party rights.

Subscription License and Access
Subject to these Terms and timely payment of fees, Insightful Eye grants you a limited, non‑exclusive, non‑transferable, revocable right to access and use the Services during your subscription term for your internal business purposes. The software is provided as a hosted service; no title or ownership in the Services is transferred to you. We reserve all rights not expressly granted.

Accounts and Security
You must provide accurate account information and keep it updated. You are responsible for maintaining the confidentiality of all credentials associated with your account and for all activities that occur under your account. You agree to notify us promptly of any unauthorized use of your account or any other security incident.

Fees, Auto‑Renewal, and Usage‑Based Charges
4.1 Billing. Fees (including any setup and build fees) are due upfront and processed via our designated payment processor. Subscriptions automatically renew each billing period until canceled in accordance with these Terms.
4.2 Usage‑Based Fees. Certain features (for example, telephony usage, messaging carrier fees, AI usage, or other metered services) may be billed in addition to subscription fees at posted or contract rates and may change with notice.
4.3 Taxes. Fees are exclusive of taxes and withholdings; you are responsible for all applicable taxes, except those based on our income.
4.4 Non‑Payment. We may suspend or limit the Services for late, failed, or disputed payments until amounts are brought current.

Availability, Maintenance, and Changes
We use commercially reasonable efforts to provide the Services with high availability. We may perform scheduled or emergency maintenance and may modify, update, or discontinue features from time to time, provided such changes do not materially diminish core functionality without notice. You acknowledge that internet connectivity and third‑party platforms or providers may affect availability and performance of the Services.

Pay After Proof (PAP) Program
Where offered by Insightful Eye, any Pay After Proof (“PAP”) program applies only to designated packages. PAP may require a deposit and agreement on key performance indicators (“KPIs”). If the agreed KPI is achieved within the PAP window, the remaining balance becomes due. If the KPI is not achieved within that window, we may, at our discretion, extend our efforts at our cost for a specified period or agree with you on next steps. PAP is not available on all tiers and will only apply where expressly stated in a separate written agreement signed at onboarding.

Refund Policy
Given the nature of software subscriptions and setup work, all fees (including setup and build fees) are non‑refundable except where otherwise required by applicable law or expressly stated in a separate written agreement signed by Insightful Eye.

Messaging Compliance
If you use telephony, SMS, MMS, email, or social messaging through the Services, you must comply with all applicable laws, regulations, and carrier rules, which may include, as applicable, A2P 10DLC registration and content policies, the U.S. Telephone Consumer Protection Act (TCPA), CAN‑SPAM, CASL, GDPR, UK GDPR, and relevant industry guidelines.
You are solely responsible for obtaining and honoring valid consent; providing required disclosures and opt‑out notices (for example, “STOP to opt out” for SMS); honoring quiet hours; maintaining and applying suppression lists; and retaining consent records. We may throttle, block, or suspend messaging traffic or account access to protect recipients, carriers, our infrastructure, or to address suspected violations.

Privacy, Customer Data, and Processing
Customer Data. You retain ownership of the data you submit to the Services (“Customer Data”). You grant Insightful Eye a worldwide, non‑exclusive license to host, process, transmit, store, and display Customer Data solely as necessary to provide, secure, and improve the Services, and as otherwise permitted in our applicable privacy disclosures.
Data Processing. If and to the extent we process personal data on your behalf, we do so as a processor under your instructions, and you are responsible for providing all legally required notices and obtaining any necessary consents.
Security. We maintain administrative, technical, and physical safeguards appropriate to the nature of the data and the risks involved. You acknowledge that no system is 100% secure.

Carriers disclaimer

Carriers are not responsible messages. All messages are at the discretion of the individual company.

Age Disclaimer

You must be at least 18+ years of age to sign any policy.

Third‑Party Services
The Services may integrate or interoperate with third‑party platforms or services (for example, CRM systems, telephony providers, social networks, analytics tools, or payment processors). Your use of any third‑party service is subject to that provider’s terms and fees, and you are responsible for complying with them. Insightful Eye is not responsible for third‑party acts, omissions, changes, or outages.

Intellectual Property and Feedback
The Services, documentation, and all related materials are owned by Insightful Eye or its licensors and are protected by intellectual property laws. Except for the subscription license expressly granted above, no rights or licenses are granted to you.
If you provide feedback or suggestions regarding the Services, you grant Insightful Eye a perpetual, irrevocable, worldwide, royalty‑free license to use, modify, and incorporate such feedback without restriction or obligation to you.

Trials, Beta, and Preview Features
Any trials, beta, or preview features we make available are provided for evaluation purposes only, may be modified or discontinued at any time, and are provided “as is” without support or warranty. You should not rely on beta or preview features for production use.

Disclaimers
The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, or non‑infringement.
AI and automation outputs generated through the Services are probabilistic and may be inaccurate or incomplete. You are solely responsible for reviewing such outputs and for all decisions and communications you make based on them.

Limitation of Liability
To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or business interruption, even if advised of the possibility of such damages.
To the maximum extent permitted by law, Insightful Eye’s aggregate liability for all claims arising out of or relating to the Services or these Terms in any 12‑month period will be limited to the total amounts you paid to Insightful Eye for the Services giving rise to the claim during that same 12‑month period.

Indemnification
You will indemnify, defend, and hold harmless Insightful Eye and its officers, directors, employees, and affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your content or Customer Data; (b) your use of the Services; or (c) your breach of these Terms or of any applicable law or regulation, including messaging compliance requirements.

Suspension, Termination, and Data Export
We may suspend or terminate your access to the Services, in whole or in part, if you breach these Terms, fail to pay fees when due, or if your use of the Services presents a security, compliance, or other risk to the Services, recipients, or third parties. Upon termination, your right to use the Services ends.
Upon your written request within a reasonable period after termination, we will provide an export of Customer Data in a commonly used format, to the extent technically feasible and not prohibited by law or by third‑party obligations. Provisions that by their nature should survive termination (including those relating to fees owed, intellectual property, disclaimers, limitations of liability, and indemnification) will survive.

Governing Law and Venue
These Terms are governed by the laws of the State of Rhode Island, USA, without regard to its conflict of laws rules. Subject to any separate written arbitration agreement (if applicable), the exclusive venue for any dispute arising out of or relating to the Services or these Terms will be the state or federal courts located in Rhode Island, and you consent to personal jurisdiction in those courts.

Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Effective Date” associated with these Terms and, where changes are material, may provide additional notice by reasonable means. Your continued use of the Services after any updated Terms become effective constitutes your acceptance of the changes.

Contact
Questions about these Terms or the Services may be directed to:

Insightful Eye
Email: [email protected]