These Terms of Service (“Agreement”) constitute a binding contract between you and Insightify App. (“Insightify App,” “we,” “us,” or “our”) and govern your access to and use of the Insightify App browser extension, website located at insightifyapp.io, and all other Insightify App-branded websites (each, a “Website”), and other software applications and online services provided by Insightify App (collectively, the “Service”).
By accessing or using any portion of the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement, regardless of whether you are a “Member” (meaning you have created an account) or a “Visitor” (meaning you browse or use the Service without creating an account). The terms “you” and “User” refer to Members and Visitors collectively. You must be at least eighteen (18) years of age or the age of majority in your jurisdiction of residence to use the Service. You represent and warrant that you possess the legal right, capacity, and ability to agree to this Agreement and utilize the Service in accordance with all terms and conditions herein.
Service Description and Purpose
The Service comprises proprietary software tools designed to analyze and provide insights about e-commerce stores, specifically those operating on the Shopify platform. The Service includes functionality for detecting and analyzing apps, themes, products, traffic patterns, and marketing campaigns utilized by third-party e-commerce stores. The Service is intended for business and commercial use by e-commerce store owners and operators seeking competitive intelligence and market insights.
Insightify App provides these analytical capabilities through various features including but not limited to: app detection, theme identification, product discovery, traffic analysis, and marketing campaign monitoring. The Service may be accessed through our browser extension, websites, or other software applications we may develop. Not all features of the Service will be available through all access methods or in all jurisdictions.
Account Creation and Maintenance
To access certain features of the Service, you must create an account and become a Member. When registering for an account, you agree to provide accurate, current, and complete information about yourself. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Insightify App of any unauthorized use of your account or any other breach of security.
You acknowledge that Insightify App may suspend or terminate your account and access to the Service if you provide any information that is untrue, inaccurate, not current, or incomplete, or if Koala Inspector has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. You agree that you will not allow any third party to use your account, sell or transfer your account to any third party, or operate an account on behalf of or for the benefit of any third party.
Subscription Terms and Payment
Access to certain features of the Service requires a paid subscription. Subscription fees are set forth on our pricing page and may be modified at our discretion upon notice to you. By subscribing to the Service, you authorize Insightify App to charge the applicable subscription fees to your designated payment method. Subscriptions automatically renew for successive periods unless cancelled prior to renewal. You may cancel your subscription at any time; however, fees are non-refundable except where explicitly stated otherwise or required by applicable law.
You agree to maintain current, complete, and accurate payment information in connection with your account. If your payment method is declined or fails for any reason, Insightify App reserves the right to suspend or terminate your access to paid features until valid payment information is provided. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.
Permitted Use and Restrictions
The Service is provided for your lawful business use only. You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Service. You specifically agree not to:
Use any automated means, including but not limited to scripts, bots, spiders, crawlers, or scrapers, to access or use the Service or to copy, scrape, or extract data from the Service beyond what is explicitly permitted through our provided functionality;
Attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means;
Create multiple accounts or attempt to circumvent any restrictions or limitations placed on your use of the Service;
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service or any part thereof;
Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Service or features that enforce limitations on use of the Service;
Modify, adapt, translate, or create derivative works based upon the Service or any part thereof;
Rent, lease, loan, resell, sublicense, distribute, or otherwise transfer your account or any rights to access and use the Service to any third party;
Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service.
Intellectual Property Rights
The Service, including without limitation its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Insightify App, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This Agreement permits you to use the Service for your legitimate business purposes only. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by Insightify App. Any use of the Service not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
The Insightify App name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Insightify App or its affiliates or licensors. You may not use such marks without the prior written permission of Insightify App. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
Data Collection and Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference. The Privacy Policy explains how we collect, use, and share information when you use our Service. By using the Service, you acknowledge that Insightify App will collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, to facilitate the provision of software updates, product support, and other services related to the Service.
You acknowledge and agree that Insightify App may collect and analyze data relating to your use of the Service and that Insightify App will be free to use such data to improve and enhance the Service and for other development, diagnostic, and corrective purposes in connection with the Service and other Insightify App offerings.
Third-Party Services and Content
The Service may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Insightify App is not responsible for Third- Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Insightify App does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials.
Additionally, the Service analyzes and provides information about third-party e-commerce stores and their operations. While we strive to provide accurate information, we make no representations or warranties about the accuracy, reliability, completeness, or timeliness of any information obtained through the Service about third-party stores. You acknowledge that any reliance upon such information shall be at your sole risk.
Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER Insightify App NOR ANY PERSON ASSOCIATED WITH Insightify App MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.
WITHOUT LIMITING THE FOREGOING, NEITHER Insightify App NOR ANYONE ASSOCIATED WITH Insightify App REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOURNEEDS OR EXPECTATIONS.
Insightify App HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TOANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL Insightify App, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITHYOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANYCONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDINGBUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT(INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED ORLIMITED UNDER APPLICABLE LAW.
Device and Browser Usage Limitation
Each Insightify App account is limited to use on one computer and one browser per individual user. The account is intended for personal or business use by the registered user only and must not be shared with third parties.
Insightify App reserves the right to monitor usage and take appropriate action in case of violations, including account suspension or restriction of access. If additional device or browser access is required, users must contact support for approval.
Indemnification
You agree to defend, indemnify, and hold harmless Insightify App, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Service, including, but not limited to, any use of the Service’s content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Service.
Term and Termination
This Agreement shall remain in full force and effect while you use the Service. Insightify App may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of this Agreement. Upon termination of your account, your right to use the Service will immediately cease.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Changes to the Agreement
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the new terms, you are no longer authorized to use the Service.
Governing Law and Jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Israel, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Service shall be instituted exclusively in the courts of Israel, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
Waiver and Severability
No waiver by Insightify App of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Insightify App to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Entire Agreement
This Agreement, our Privacy Policy, and any other terms and conditions incorporated herein by reference constitute the sole and entire agreement between you and Insightify App regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Insightify App without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Force Majeure
Insightify App shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, pandemic, epidemic, civil unrest, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, third party telecommunications failure, or default of suppliers or subcontractors.
Insightify App as the owner allow and permit to use its tools subject to the terms of service and the privacy policy
