Innsightful End User License Agreement and Terms of Use
1. Introduction and Acceptance of Terms
These End User License Agreement and Terms of Use (“Terms”) are a legal agreement between you and Innsightful, Inc. (“Innsightful,” “we,” “us,” or “our”). These Terms govern your access to and use of Innsightful’s websites, mobile applications, software, wearable-enabled services, wellness programs, research-related activities, coaching or support services, and other online or offline services that link to or reference these Terms (collectively, the “Services”).
These Terms include a limited license to use Innsightful’s software, applications, and related materials. The Services are licensed, not sold, and Innsightful reserves all rights not expressly granted in these Terms.
By accessing, downloading, installing, registering for, participating in, or using the Services, you agree to be bound by these Terms. You also acknowledge that you have reviewed Innsightful’s Privacy Policy and any applicable Data Collection Notice presented to you. If you do not agree to these Terms, you may not access or use the Services. If a particular Service requires separate consent, you may not participate in that Service unless you provide the required consent.
Some Services may be offered through or in collaboration with a sponsor, employer, college or university, military organization, healthcare organization, research partner, or other program administrator. Additional notices, consent forms, or terms may apply to a particular program or research study and will be presented before participation.
2. Scope of the Services
Innsightful provides services related to wellness support, resilience, self-awareness, data collection, program evaluation, analytics, research, and related technologies. The Services may include websites, mobile applications, software, digital content, wearable-enabled features, questionnaires, prompts, tasks, audio- or voice-based features, coaching or support interactions, dashboards, reports, research activities, and other tools or services made available by Innsightful.
The specific Services available to you may vary based on your eligibility, the applicable program or study, and the devices or integrations used.
Innsightful may update, modify, suspend, or discontinue the Services, or any part of the Services, from time to time, subject to applicable law and any binding obligations that apply to the affected Service.
3. Not Medical, Mental Health, or Emergency Care
The Services are intended to support wellness, resilience, self-awareness, healthy lifestyle practices, research, program evaluation, and related informational or educational purposes. Innsightful does not provide medical care, mental health treatment, psychotherapy, psychiatric care, diagnosis, treatment planning, crisis intervention, or emergency services through the Services.
Questionnaires, tasks, coaching or support interactions, digital content, feedback, scores, trends, summaries, reports, automated insights, and other features or outputs provided through the Services are not intended to diagnose, treat, cure, prevent, or manage any disease, disorder, or medical or mental health condition. Research or data-collection activities may involve health- or wellness-related information, but they do not constitute medical or mental health care.
The Services are not a substitute for care from a qualified medical or mental health professional. You should not disregard, avoid, or delay seeking professional advice or care because of something you view, receive, or learn through the Services. If information provided through the Services conflicts with advice from a qualified healthcare professional, you should follow the healthcare professional’s advice.
If you are experiencing a medical, mental health, or safety emergency, or believe that you or another person may be in immediate danger, call 911, call or text 988 for crisis support, or go to the nearest emergency department, as appropriate. Innsightful is not an emergency response service and does not monitor the Services for emergencies.
4. Coaching, Support, and Program Interactions
Some Services may include coaching, support, program facilitation, technical assistance, or other interactions with Innsightful personnel or authorized representatives. These interactions are limited to non-clinical wellness support, education, encouragement, reflective listening, motivational support, skills practice, program guidance, and assistance with using the Services.
These interactions do not create a physician-patient, therapist-patient, psychologist-client, psychiatrist-patient, or other licensed healthcare provider relationship. No clinical privilege or professional provider-patient confidentiality relationship is created through use of the Services.
Information shared through the Services is handled as described in Innsightful’s Privacy Policy, any applicable Data Collection Notice, and any other consent materials presented to you.
Any coaching, support, feedback, or information provided through the Services is general in nature and may not be appropriate for every individual. You are responsible for deciding whether and how to use it and for seeking professional care when needed.
5. Eligibility, Accounts, and User Responsibilities
You may use the Services only if you are at least 18 years old, are legally able to agree to these Terms, and meet any eligibility requirements for the applicable Service. The Services are offered only in connection with U.S.-based programs, studies, organizations, and operations. Certain Services may be available only through a program or research study offered or supported by Innsightful.
If you create an account or enroll in a program or study, you agree to provide accurate, current, and complete information and to update it as needed. You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account.
You may not share your account credentials, permit unauthorized access to your account, impersonate another person, misrepresent your identity or eligibility, or use another person’s account without permission. You must promptly notify Innsightful if you believe your account or credentials have been compromised or used without authorization.
You agree to use the Services in accordance with these Terms and all applicable laws and regulations.
6. Limited License to Use the Services
Subject to your compliance with these Terms, Innsightful grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services, including any software, mobile applications, digital content, documentation, updates, or related materials made available by Innsightful, solely for your own authorized use in connection with the Services.
You may not rent, lease, lend, sell, redistribute, sublicense, copy, modify, adapt, translate, create derivative works from, decompile, reverse engineer, disassemble, attempt to derive the source code of, or otherwise exploit any part of the Services, except to the extent such restriction is prohibited by applicable law or permitted by the license terms of any open-source components included in the Services.
You may not remove, obscure, or alter any copyright, trademark, proprietary-rights, or other notices included in or made available through the Services.
7. User Content and Feedback
Some Services may allow you to submit or upload messages, comments, files, images, or other materials (“User Content”). Information collected through questionnaires, tasks, wearable devices, sensors, audio- or voice-based features, or other data-collection activities is not treated as User Content under this section and is handled as described in Innsightful’s Privacy Policy, any applicable Data Collection Notice, and any consent materials presented to you.
You are responsible for User Content you provide through the Services. You represent that you have the rights and permissions necessary to provide it and that it does not violate applicable law or the rights of another person.
You retain any rights you have in your User Content. By providing User Content through the Services, you grant Innsightful a limited, non-exclusive, royalty-free license to use, host, store, reproduce, process, transmit, and display it only as reasonably necessary to provide, maintain, secure, and support the Services or comply with applicable law. This license does not transfer ownership of your User Content to Innsightful.
If you voluntarily provide suggestions, ideas, comments, or other feedback about the Services, Innsightful may use that feedback to evaluate, improve, or develop the Services without compensation or other obligation to you, subject to Innsightful’s Privacy Policy.
8. Privacy
Innsightful’s collection, use, disclosure, retention, and protection of information are described in its Privacy Policy. Additional information about specific data-collection activities may be provided in a Data Collection Notice or other consent materials presented before the relevant activity. Where separate consent is required, Innsightful will obtain it before collecting or using the applicable information.
9. Programs, Research Studies, and Additional Terms
Certain Services may be offered as part of a program, pilot, evaluation, sponsored deployment, or research study. Additional notices, consent forms, participant agreements, or other terms may apply and will be presented before participation.
If a specific document conflicts with these Terms, that document will control only with respect to the applicable program, activity, or research study. These Terms are between you and Innsightful. Sponsors, participating organizations, and research partners do not become parties to these Terms solely because they make a Service available or participate in a program or research study.
10. Third-Party Services, Devices, and Integrations
The Services may involve or permit the use of third-party websites, applications, devices, platforms, or integrations, including wearable devices and sensors. Your use of a third-party product or service may also be governed by that third party’s terms, privacy policy, permissions, and settings.
Innsightful does not own or control third-party products or services and is not responsible for their content, functionality, availability, accuracy, security, privacy practices, or data handling. You should review any applicable third-party terms and privacy policies.
When you authorize or use a connection with a third-party device, application, service, or integration, Innsightful may receive information from that source as described in Innsightful’s Privacy Policy and any applicable Data Collection Notice.
11. Acceptable Use and Restrictions
You may not use the Services in violation of these Terms or applicable law, or in a manner that harms, disrupts, or interferes with the Services or the rights of others.
You may not:
- use the Services for any unlawful, fraudulent, deceptive, abusive, threatening, harassing, defamatory, obscene, or otherwise harmful purpose;
- interfere with, disrupt, damage, disable, overburden, or impair the Services or any connected systems, networks, or infrastructure;
- attempt to gain unauthorized access to the Services, another user’s account, Innsightful’s systems, or any related systems or networks;
- bypass or attempt to bypass access controls, security features, or technical restrictions;
- introduce viruses, malware, harmful code, or other technology intended to disrupt, damage, or interfere with the Services;
- scrape, crawl, index, harvest, or otherwise collect information from the Services except as expressly authorized by Innsightful;
- use the Services or information obtained through the Services to develop, train, or improve a competing product or service without Innsightful’s written permission; or
- encourage, assist, or enable another person to engage in any prohibited activity.
Innsightful may investigate suspected violations and may restrict, suspend, or terminate access to the Services in accordance with these Terms.
12. Intellectual Property
The Services, including their software, applications, technology, algorithms, models, methods, workflows, designs, interfaces, dashboards, reports, text, graphics, images, audio, video, content, documentation, trademarks, logos, and other materials, are owned by Innsightful or its licensors and are protected by applicable intellectual property and proprietary-rights laws.
Except for the limited license granted in these Terms, Innsightful and its licensors retain all rights, title, and interest in and to the Services and related intellectual property. Nothing in these Terms transfers any ownership interest in the Services or Innsightful’s intellectual property to you.
You may not use Innsightful’s name, trademarks, logos, branding, or other proprietary materials without prior written permission, except as permitted by law.
Your rights in User Content are addressed in Section 7.
13. Disclaimers
To the fullest extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise. Innsightful disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Innsightful does not warrant that the Services, or any information, content, coaching, support, feedback, scores, trends, reports, automated insights, or other outputs provided through the Services, will be accurate, complete, reliable, effective, uninterrupted, error-free, entirely secure, or suitable for your particular needs.
Your use of the Services and reliance on information or outputs provided through the Services are at your own risk. Innsightful is not responsible for decisions, actions, or outcomes resulting from that use or reliance, except as required by applicable law.
Some jurisdictions do not permit certain warranty disclaimers or exclusions, so some of these provisions may not apply to you.
14. Limitation of Liability
To the fullest extent permitted by law, Innsightful and its officers, directors, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to these Terms or the Services, even if advised of the possibility of such damages.
To the fullest extent permitted by law, the total aggregate liability of Innsightful and the other parties identified above for all claims arising out of or related to these Terms or the Services will not exceed the greater of: (a) the amount you paid directly to Innsightful for the applicable Services during the 12 months preceding the event giving rise to the claim; or (b) one hundred dollars ($100).
These limitations apply regardless of the legal theory on which a claim is based and even if a limited remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
Some jurisdictions do not permit certain limitations of liability, so some of these provisions may not apply to you.
15. Suspension and Termination
These Terms remain in effect while you access or use the Services.
You may stop using the Services at any time and may close your account where that option is available. You may withdraw from a research study as described in the applicable consent materials. Requests concerning access to or deletion of information are handled as described in Innsightful’s Privacy Policy and applicable law.
Innsightful may restrict, suspend, or terminate your access to all or part of the Services if Innsightful reasonably believes that you have violated these Terms or applicable law, misused the Services, created a safety, security, legal, or operational risk, or no longer meet the eligibility requirements for the applicable Service.
Upon termination, your right to access and use the affected Services will end. Termination does not affect rights or obligations that arose before termination. Provisions that by their nature are intended to survive termination will remain in effect, including provisions concerning User Content, intellectual property, disclaimers, limitation of liability, dispute resolution, and enforcement of these Terms.
16. Changes to These Terms
Innsightful may update these Terms from time to time. When changes are made, Innsightful will make the revised Terms available through the Services and update the effective date or “Last Updated” date.
If a change materially affects your rights or obligations, Innsightful will provide reasonable notice, such as by email, through the Services, or by another appropriate method. Where applicable law requires affirmative consent to a change, Innsightful will obtain that consent before the change applies to you.
Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms, except where applicable law requires another form of agreement. If you do not agree to the revised Terms, you must stop using the Services.
17. Governing Law and Disputes
These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of California, without regard to its conflict-of-laws principles, except to the extent that applicable law requires otherwise.
Before filing a legal action, you and Innsightful agree to make a reasonable, good-faith effort to resolve the dispute informally. The party raising the dispute must provide written notice describing the dispute and the requested resolution using the contact information in Section 18. This informal-resolution requirement does not prevent either party from seeking immediate injunctive or equitable relief when necessary to prevent irreparable harm.
Any legal action that cannot be resolved informally must be brought in the state or federal courts located in Santa Clara, CA, and each party consents to the jurisdiction and venue of those courts, except where applicable law requires otherwise.
18. Contact Information
If you have questions about these Terms or the Services, or need to provide formal notice under these Terms, please contact Innsightful at:
19. Miscellaneous
These Terms constitute the entire agreement between you and Innsightful regarding your general access to and use of the Services, except for any additional terms or consent materials that you separately accept for a specific program, activity, or research study.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect.
Innsightful’s failure to enforce any provision of these Terms does not waive its right to enforce that provision or any other provision in the future.
You may not assign or transfer these Terms or any rights or obligations under them without Innsightful’s prior written consent. Innsightful may assign or transfer these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
These Terms are binding on and benefit the parties and their permitted successors and assigns.