Terms of Service

2.1 Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding contract. By using the Services, you represent and warrant that you meet these requirements.

2.2 Account Registration

To access certain features, you must create an account (“Account”). You agree to:

• Provide accurate, current, and complete registration information;
• Maintain and promptly update your registration information;
• Maintain the security of your login credentials;
• Accept all risks of unauthorized access to your Account;
• Notify us immediately at info@insightstudio.dev of any unauthorized use or security breach.

2.3 Account Responsibility

You are solely responsible for all activity under your Account. We reserve the right to suspend or terminate Accounts that violate these Terms.

3.1 Subscription Plans

Insight Studio offers subscription-based access to exclusive features and content (“Subscription”). Monthly Subscription Price: $40.00 USD/month. Prices are exclusive of applicable taxes, which will be added at checkout.

3.2 Free Trial

We may offer a free trial period(“Free Trial”) for new subscribers.

• Free Trials are limited to one per person/household.
• A valid payment method is required to start a Free Trial.
• Unless cancelled before the Free Trial ends, your Subscription will automatically convert to a paid Monthly Subscription at $40.00/month.
• We reserve the right to modify or discontinue Free Trials at any time.

3.3 Automatic Renewal — California Law Compliance

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS UNLESS YOU CANCEL. This automatic renewal complies with California Business & Professions Code §§ 17600–17606 and the FTC “Click-to-Cancel” Rule (16 CFR Part 425).

Key Disclosures (Clear & Conspicuous):

Express Affirmative Consent Required: By subscribing, you affirmatively consent to automatic monthly renewals at the then-current rate. You may cancel at any time using the methods above. Cancellation is effective immediately upon confirmation; your privileges and exclusive access are revoked instantly upon Account closure or cancellation. To regain access, you must purchase a new Subscription.

3.4 Payment Processing

Payments are processed via third-party payment processors (e.g., Stripe). You authorize us to charge your payment method for all fees. You are responsible for keeping payment information current. Failed payments may result in immediate suspension of Services.

3.5 Price Changes

We may change Subscription prices upon 30 days’ written notice (email or in-app notification). Continued use after the effective date constitutes acceptance. If you do not agree, you must cancel before the change takes effect.

3.6 Refunds

No refunds for partial months. Refunds are provided only as required by law or at our sole discretion. California residents: you may have additional rights under California law.

4.1 Your Content

“User Content” means any text, images, prompts, artwork, designs, data, or other materials you create, upload, input, or generate using the Services.

4.2 License Grant to Insight Studio

By uploading or creating User Content, you grant Insight Studio a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers), irrevocable, perpetual license to:

• Use, reproduce, modify, adapt, publish, translate, distribute, publicly display, publicly perform, and create derivative works from your User Content solely to provide, improve, and promote the Services;
• Use your User Content (including images, prompts, and generated assets) to train, fine-tune, and improve our AI models and algorithms for better outcomes and recommendations;
• Use your User Content for marketing and promotional purposes on social media, our website, advertisements, and other channels — you grant us a free, perpetual, royalty-free license for such promotional use.

You retain ownership of your User Content subject to the licenses above.

4.3 License Grant to Other Users

By sharing User Content publicly on the Services, you grant other Users a non-exclusive license to view, share, and interact with your Content through Service features (e.g., remixing, collaborative canvases).

4.4 Representations & Warranties

You represent and warrant that:

• You own or have all necessary rights to your User Content;
• Your User Content does not violate these Terms, applicable law, or third-party rights (including IP, privacy, publicity);
• Your User Content does not contain malware, viruses, or harmful code.

4.5 No Sale of Customer Art or Prompts

We do not sell your artwork, prompts, or prompt information to third parties. Your creative inputs remain yours; we use them only as licensed above.

5.1 AI Generation

The Services use generative AIto create assets (images, designs, text, code, etc.) on each canvas board (“AI Assets”).

5.2 Ownership of AI Assets

As between you and Insight Studio, you own the AI Assets you generate, subject to:

• The licenses in Section 4.2 (our right to use for AI training, improvement, and promotion);
• Third-party rights (AI models may incorporate training data subject to others’ rights);
• Applicable law (copyright in AI-generated works is evolving; we make no warranty regarding copyrightability).

5.3 Your Responsibility

You are solely responsible for:

• Verifying AI Assets before commercial use;
• Ensuring AI Assets do not infringe third-party rights;
• Compliance with all laws regarding AI-generated content.

6.1 Blockchain Features

The Services may use blockchain technology to mint, manage, and transfer digital assets as non-fungible tokens (NFTs)(“Digital Assets”). Digital Assets may represent artwork, licenses, access rights, or other value.

6.2 License, Not Ownership of Underlying IP

Purchasing or minting a Digital Asset grants you a license to the associated content as described in the specific drop/mint terms — not ownership of the underlying copyright or IP, unless expressly stated.

6.3 Secondary Sales & Royalties

Insight Studio reserves a 5% royalty on all secondary sales of Digital Assets minted through our platform. This royalty is enforced via smart contract (where technically feasible) and applies to each subsequent transfer. You acknowledge and agree to this royalty obligation.

6.4 Blockchain Risks

You acknowledge:

• Blockchain transactions are irreversible;
• Smart contracts may contain bugs or vulnerabilities;
• Network congestion, forks, or failures may affect Digital Assets;
• Regulatory treatment of NFTs is uncertain and evolving;
• We are not liable for losses due to blockchain-specific risks.

6.5 Compliance

You must comply with all applicable laws, including securities, tax, AML/KYC, and sanctions laws. We may freeze or restrict Digital Assets if required by law or court order.

7.1 Our Property

All rights, title, and interest in the Services (excluding User Content and AI Assets), including:

• Software, algorithms, models, UI/UX, visual design, graphics, logos;
• Trademarks: “Insight Studio,” our logos, slogans, and brand features;
• Content we create (documentation, tutorials, marketing materials);
• Are the exclusive property of Insight Studio LLC, protected by U.S. and international copyright, trademark, and trade secret laws.

7.2 Limited License to You

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.

7.3 Restrictions

You may not: copy, modify, distribute, reverse-engineer, decompile, scrape, frame, or create derivative works of the Services (except User Content/AI Assets per Sections 4–5); remove proprietary notices; or use the Services for competitive analysis.

11.1 DMCA Designated Agent

We comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). To report copyright infringement, contact our Designated Agent:

11.2 DMCA Notice Requirements

Notices must include: (a) signature of rights holder; (b) identification of copyrighted work; (c) identification of infringing material with URL; (d) your contact info; (e) good-faith belief statement; (f) accuracy statement under penalty of perjury.

11.3 Counter-Notification

If your content was removed, you may submit a counter-notification per 17 U.S.C. § 512(g). We will restore content within 10–14 business days unless the claimant files suit.

11.4 Repeat Infringers

We terminate Accounts of repeat infringers per 17 U.S.C. § 512(i).

12.1 Privacy Policy

Our data practices are described in the Privacy Policy at insightstudio.dev/policy, incorporated herein.

12.2 California Consumer Privacy Act (CCPA/CPRA)

California residents have rights under the CCPA (Cal. Civ. Code §§ 1798.100–1798.199), including:

• Right to know what personal information we collect, use, disclose, sell, or share;
• Right to delete personal information;
• Right to opt-out of sale/sharing;
• Right to non-discrimination for exercising rights.

We do not sell your personal information. To exercise rights, email info@insightstudio.dev or visit our Privacy Policy.

12.3 Data Processing Addendum (DPA)

For business customers processing personal data via the Services, a DPA is available upon request.

13.1 Term

These Terms commence upon Account creation or first use and continue until terminated.

13.2 Termination by You

You may terminate at any time by:

• Closing your Account in Settings; OR
• Emailing info@insightstudio.dev.

Upon Account closure: your Subscription privileges and exclusive access are REVOKED INSTANTLY. No prorated refunds. To regain access, you must purchase a new Subscription.

13.3 Termination by Us

We may suspend or terminate your Account immediately, with or without notice, for:

• Material breach of these Terms;
• Illegal activity;
• Non-payment;
• Extended inactivity (12+ months);
• Operational shutdown.

13.4 Effect of Termination

Upon termination: (a) all licenses terminate; (b) you must cease use; (c) Sections 4.2, 5.2, 6.3, 7, 8, 13.4, 14–20 survive; (d) we may delete your data per our retention policy.

15.1 Exclusion of Consequential Damages

IN NO EVENT SHALL INSIGHT STUDIO LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, SERVICE INTERRUPTION, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY.

15.2 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) $100.00 USD.

15.3 Basis of Bargain

These limitations are fundamental to our ability to offer the Services at the stated price.

15.4 Exceptions

These limitations do not apply to: (a) liability for death/personal injury from our negligence; (b) fraud/fraudulent misrepresentation; (c) willful misconduct; (d) infringement of our IP; (e) obligations that cannot be limited under applicable law (e.g., certain California consumer protections).

18.1 Informal Resolution

Before filing any claim, you agree to attempt good-faith informal resolution by emailing info@insightstudio.dev with details. We have 30 days to resolve.

18.2 Binding Arbitration

If informal resolution fails, all disputes (including interpretation, breach, enforcement, arbitrability) shall be resolved by FINAL AND BINDING ARBITRATION administered by JAMS under its Streamlined Arbitration Rules, before a single arbitrator.

• Seat: Los Angeles County, California (or remote by mutual agreement).
• Language: English.
• Law: Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs; California law governs the merits.
• Fees:We pay all JAMS fees for consumer claims < $75,000 (per JAMS Policy). You pay only your share per JAMS rules.
• Authority: Arbitrator decides all threshold issues (arbitrability, unconscionability, etc.), except class-action-waiver enforceability (court decides).

18.3 Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS ONLY IN INDIVIDUAL CAPACITY — NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. No consolidation or joinder without mutual consent. If this waiver is unenforceable, the entire arbitration agreement is void.

18.4 Exceptions to Arbitration

Either party may seek in court: (a) injunctive relief for IP infringement; (b) small claims court actions (if eligible); (c) claims for bodily injury.

18.5 Opt-Out

You may opt out of arbitration within 30 days of first accepting these Terms by emailing info@insightstudio.dev with “Arbitration Opt-Out” in the subject line, including your name, Account email, and statement of opt-out. Opt-out does not affect other Terms.

20.1 Entire Agreement

These Terms, the Privacy Policy, and any referenced policies constitute the entire agreement between you and Insight Studio LLC.

20.2 Modifications

We may modify these Terms at any time. Material changes will be communicated via email or in-app notice at least 30 days before effectiveness. Continued use after the effective date constitutes acceptance. If you disagree, terminate your Account.

20.3 Severability

If any provision is unenforceable, it will be modified to the minimum extent necessary or severed; remaining provisions remain in effect.

20.4 Waiver

No waiver is effective unless in writing. Failure to enforce a right is not a waiver.

20.5 Assignment

You may not assign these Terms without our written consent. We may assign freely (including to affiliates, acquirers, or in connection with financing).

20.6 No Third-Party Beneficiaries

These Terms do not confer rights on third parties.

20.7 Force Majeure

We are not liable for delays/failures due to causes beyond our reasonable control (acts of God, war, pandemics, government actions, network failures, etc.).

20.8 Electronic Communications

You consent to receive communications electronically (email, in-app). Electronic records satisfy writing requirements.

20.9 Construction

“Including” means “including without limitation.” Headings are for convenience only.

22.1 California Consumer Legal Remedies Act (CLRA)

Per Cal. Civ. Code § 1789.3: You may contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, 1625 North Market Blvd., Sacramento, CA 95834, or call (916) 445-1254 / (800) 952-5210.

22.2 Automatic Renewal Law (BPC §§ 17600–17606)

See Section 3.3 for full automatic renewal disclosures, cancellation methods, and your rights under California law as amended effective July 1, 2025.

22.3 FTC Click-to-Cancel Rule (16 CFR Part 425)

Our cancellation mechanism (Account Settings → “Cancel Subscription”) complies with the FTC’s “Click-to-Cancel” requirements: simple, immediate, no dark patterns, no retention obstacles.