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Insightrackr User Service Agreement

Welcome to the Insightrackr Platform, a marketing creative analysis platform that offers users services such as advertising trend analysis, advertising creative inspiration, and competitive advertising strategy insights.

To utilize the services provided by the Insightrackr Platform ( the "Service"), you ("You" or "User") are required to read and comply with this Insightrackr User Service Agreement ("Agreement").

This Agreement constitutes a legally binding contract between you and Jupitar Technology Limited, the operator of the Insightrackr platform ("WE" or "Insightrackr"). Before you complete the REGISTRATION, process or use the Service in any manner, you must read and fully understand all the terms herein, particularly those limiting or exempting liability. Provisions limiting or exempting liability will be presented in bold to ensure they capture your attention. You represent and warrant that you have all requisite rights, capacity, power and authority to enter into this Agreement, as an individual, or on behalf of a company or other legal entity. By filling in information as prompted on the registration page, acknowledging your agreement to these terms, and completing the registration process or by otherwise using the Service, you affirm that you have read, understood, and agreed to the entirety of this Agreement. You commit to complying with this Agreement and agree to be bound by its terms, as well as other rules and regulations published on the Insightrackr platform. Should you disagree with this Agreement or any part HEREof, you must immediately cease registration, login, or use of the Insightrackr platform AND THE SERVICE.

This document, inclusive of any existing and future related agreements, privacy policy, disclaimers, rules, regulations, additional terms and product requirements on the Insightrackr Platform, which upon official release, become an integral part of this Agreement. We will review and update this Agreement as necessary from time to time. If we make material changes to this Agreement, we will notify You by means of a notice on Insightrackr website prior to the change becoming effective.

I. Insightrackr Account

  1. Insightrackr account is the unique identification assigned to a user upon registration, enabling user to utilize the Service on the Insightrackr Platform ("Insightrackr Account"). When registering for an Insightrackr Account, You are required to provide information that includes, but is not limited to, Your company name, email address, mobile phone number, mobile verification code, login password, username, industry, job title, as well as any information required by the Insightrackr platform. You acknowledge and confirm that Your registration information does not contain any illegal or inappropriate content, does not lead to misrepresentation, and does not infringe upon the rights and interests of others. Insightrackr reserves the right to refuse registration, suspend the Service, or reclaim accounts in violation of this Agreement, with any resulting losses to be borne by You.

  2. You agree to:

    1. Provide authentic, valid identification information when registering for an Insightrackr Account and, if necessary, complete verification as required;

    2. Supply timely, detailed, and accurate information at registration; and

    3. Continuously update Your registration information to maintain its currency, completeness, and accuracy.

  3. You understand and agree that providing truthful, accurate, and lawful registration information is the sole evidence of Your association with Your Insightrackr Account and Your identity.

  4. You are responsible for the safekeeping of Your Insightrackr Account and for the correct and proper use, operation, and management of Your Insightrackr Account. You accept all legal responsibilities for the activities conducted under Your Insightrackr Account. The Insightrackr Account is intended solely for the individual or the legal entity who originally registered it. Without Insightrackr's written permission, You are prohibited from lending, gifting, renting, selling, entrusting the management and operation of, or otherwise granting Your Insightrackr Account to a third party for use, whether for compensation or not. Ensure that Your Insightrackr Account and password is not disclosed to any third party. Should You discover any unauthorized use of Your Insightrackr Account, such as impersonation or theft, You must immediately notify Insightrackr through effective means, including but not limited to providing relevant identification documents, corporate credentials, pertinent facts, and Your specific requests. Upon receipt of Your valid notification and after verifying Your identity, Insightrackr will take appropriate actions based on the circumstances. If the information You provide is incomplete, preventing Insightrackr from verifying Your identity or understanding Your requests, You will bear any resulting losses. Insightrackr requires a reasonable period to act on Your request, and is not liable for any losses incurred due to actions taken by others before Your notification to Insightrackr and before Insightrackr has had the opportunity to respond to Your valid request. Failure to notify Insightrackr promptly may result in Your bearing responsibility for any consequences, including any losses incurred by Insightrackr or its affiliates, for which You will be fully liable and required to compensate for all damages.

  5. If the information and materials You provide are not true, timely, complete, or accurate, You bear the risk of being unable to use the Service (including but not limited to unsuccessful registration, or account suspension or cancellation) and any consequences or losses incurred during the use of the Service.

  6. To facilitate Your access to the full range of Services, You acknowledge and consent to Insightrackr sending You various types of commercial information on a recurring and long-term basis without requiring Your further approval.

  7. In our efforts to provide more comprehensive services, You understand and agree that Insightrackr may conduct follow-up calls through dedicated personnel without needing to obtain Your consent anew.

  8. You agree that all materials, data, and records associated with the registration and use of the Service, including but not limited to Your Insightrackr Account, registration information, all login records, and related usage statistics, are the property of Insightrackr. In the event of a dispute, You agrees that Insightrackr's system data shall prevail, and Insightrackr affirms the authenticity of such data, barring any discrepancies caused by Your own actions or those of third-party media.

  9. Upon successful registration, You become a registered user of Insightrackr and are entitled to change Your Insightrackr Account password in accordance with Insightrackr's regulations.

  10. You are expected to carefully and judiciously safeguard and use Your Insightrackr Account and password, ensuring their confidentiality and security. You acknowledge and agree that You are responsible for all activities conducted through Your Insightrackr Account and password. Should Your failure to properly manage Your Insightrackr Account and password result in harm to Yourself, Insightrackr, or a third party, You will bear full responsibility.

  11. You agree that upon detecting any unauthorized use of Your Insightrackr Account or security breaches, it is Your duty to promptly inform Insightrackr.

  12. Your Insightrackr Account is linked to Your registration information and may only be transferred under specific conditions, such as judicial rulings, or with the express consent of Insightrackr, and in accordance with Insightrackr's prescribed account transfer procedures. Upon the transfer of Your Insightrackr Account, all associated rights and obligations will also be transferred. Apart from these exceptions, Your Insightrackr Account may not be transferred, gifted, bequeathed, resold, or shared with any third party in any form. Violation of this provision grants Insightrackr the right to suspend the account and seek redress for breach of contract, with all resulting liabilities to be borne by You.

II. Registration by Individual

  1. If You are registering as an individual, You must be at least 18 years of age and possess full civil rights and the capacity to perform civil acts. Should You be a minor under the age of 18 or an individual with limited capacity for civil conduct, You should not register. In such cases, any consequences arising from improper registration will be the responsibility of You and Your legal guardian. Insightrackr reserves the right to terminate the such account.

  2. In the event that You provide false information during registration, You will bear the resulting liabilities, and Insightrackr reserves the right to terminate Your Insightrackr Account. Furthermore, if Your actions result in losses to Insightrackr or its affiliates, Insightrackr reserves the right to seek legal redress from You.

III. Modification of Agreement and Service

  1. Insightrackr reserves the right to amend the terms of this Agreement and the Service as necessitated by business operations. Such modifications will be announced on this website and in any other manners Insightrackr thinks fit. As a user of the Service, it is Your responsibility to review and understand any changes made to the terms in a timely manner and to comply with the updated Agreement and relevant service terms. Your action of ticking a login checkbox or clicking an "agree" button (the exact wording is subject to what is displayed at the time the Service is accessed) signifies Your complete acceptance of all terms within this Agreement. If You continue to use the Service governed by this Agreement after reviewing the updated terms, it will be considered an acceptance of the revised terms. In the event of a dispute, the most current version of the Agreement terms shall take precedence. If You do not agree with the revised content, You must immediately cease using the Service.

  2. Insightrackr is continuously evolving and enhancing its services. As such, Insightrackr may introduce new features or remove existing ones, and may also suspend or discontinue certain Service entirely. You agree that, provided these changes do not result in Your complete inability to use the service, Insightrackr retains the right to make such adjustments without any obligation to You or any third party.

IV. User Terms

You are solely responsible for all actions taken under Your Insightrackr Account while using the Service. Your use of the Service must adhere to all applicable laws. You agree that:

  1. In Your use of Insightrackr or the Service, You must abide by all applicable laws and regulations. You are prohibited from creating, copying, publishing, or distributing any of the following types of information on Insightrackr or through the Service:

    1. Information that violates the fundamental principles set forth by applicable laws;

    2. Content that endangers national security, leaks national secrets, subverts national power, or undermines national unity;

    3. Material that harms a country's honor and interests;

    4. Statements that incite ethnic hatred, discrimination, or undermine ethnic unity;

    5. Information that undermines a country's religious policies or promotes superstitious and feudal beliefs;

    6. Rumors that disrupt social order or undermine social stability;

    7. Obscene, pornographic, gambling-related, violent, terroristic content, or content that incites criminal activity;

    8. Insults or defamation against others, or infringement upon the legitimate rights and interests of others;

    9. Encouragement of illegal assemblies, associations, processions, demonstrations, or disturbances to social order;

    10. Actions conducted in the name of an illegal civil organization;

    11. Any other content prohibited by laws and administrative regulations.

  2. You are strictly prohibited from using Insightrackr and the Service to conduct any activities that may compromise computer network security. Such prohibited activities include, but are not limited to:

    1. Illegally intruding into websites, disrupting the normal functions of networks, stealing network data, or engaging in other activities that threaten network security;

    2. Providing or distributing software, tools, or other resources intended for network intrusion, interference with network security measures, or data theft;

    3. Knowingly offering technical support, advertising, or any form of assistance to individuals or entities involved in activities that threaten network security;

    4. Unauthorized use of data or access to servers/accounts that You are not permitted to use;

    5. Unauthorized entry into public computer networks or other individuals' computer systems, and the unauthorized deletion, alteration, or addition of stored information;

    6. Attempting to probe, scan, or test the vulnerabilities of the Insightrackr or network, or engaging in any other actions that could damage network security;

    7. Attempting to interfere with, disrupt, or overload Insightrackr's systems or websites, including the intentional dissemination of malicious software or viruses;

    8. Falsifying the name or portion of the name in TCP/IP packet headers in an attempt to deceive or mislead;

    9. Refraining from any interference with the Service, including but not limited to decompiling, disassembling, or reverse-engineering Insightrackr, or employing viruses, botnets, Trojan horses, malicious code, DDOS attacks, denial-of-service attacks, packet or IP spoofing, forged routing, or email address information, or similar methods or technologies;

    10. Engaging in malicious registration of Insightrackr, such as frequent or batch registration;

    11. Using scripts, bots, crawlers, or other automated mechanisms to collect information or interact with the service without Insightrackr's explicit written consent; not copying, imitating, altering, distributing, transferring, selling, publishing, broadcasting, executing, transmitting, licensing, or disseminating any part of the Insightrackr or its content in any form without authorization;

    12. Utilizing unauthorized plugins, add-ons, systems, or third-party tools that interfere with, disrupt, alter, or otherwise affect the normal operations of Insightrackr and its related services.

  3. You are expressly forbidden from using Insightrackr or the Service as part of any service that involves sharing, renting, lending, or enabling multi-user access, or for the benefit of any other entity, unless such use is explicitly permitted by Insightrackr and conducted in the designated or agreed-upon manner.

  4. Upon the creation of Your Insightrackr Account, You are granted the right to use that account, and it is Your duty to safeguard the account information and password. You must adhere to the following, failing which You may face consequences that include, but are not limited to, the inability to use the Insightrackr Account, or Your Insightrackr Account being frozen or canceled:

    1. The Insightrackr Account is intended solely for Your personal use. You are prohibited from transferring, renting, lending, selling, or sharing the account with a third party, whether for compensation or not, or using it for any commercial purposes.

    2. Accessing the Service from IP addresses associated with cloud service providers, data centers, and similar sources is not allowed.

    3. A single Insightrackr Account may not be used in multiple cities (two or more) within a day.

  5. You must not misuse the Service in any way, including but not limited to, using the Service to infringe upon the intellectual property rights or other legitimate interests of others. You bear full legal responsibility for Your actions while using the Service. The scope of Your legal liability includes, but is not limited to, compensating any parties You infringe upon. Additionally, if Insightrackr or its affiliates incur any administrative penalties, damages, or other liabilities due to Your actions, You are required to indemnify Insightrackr or its affiliates to an equivalent extent.

  6. Should Insightrackr have grounds to suspect that Your conduct is in violation or may potentially violate this Agreement, Insightrackr have the absolute discretion to take appropriate action, as well as to pursue any relevant legal liabilities:

    1. In instances of unauthorized access (including but not limited to those outlined in the user terms above), Insightrackr retains the right to notify You via email to cease and desist from such illegal activities.

    2. If, following Insightrackr's email notification to halt illegal access, the prohibited behavior persists or recurs, Insightrackr reserves the right to permanently disable Your Insightrackr Account. Should Your unauthorized activities result in server disruptions, system failures, paralysis, or any other technical issues that incur financial losses for Insightrackr, legal measures will be employed to protect Insightrackr's rights and interests.

V. User Information

  1. This Section V serves as the valid legal basis for establishing the rights and obligations associated with Your personal information and will maintain legal binding force upon You, to the extent that permitted by applicable laws and administrative regulations.

  2. You grant Insightrackr the right to legally collect information and personal data that arise from Your use of Insightrackr and the Service. You hereby authorize Insightrackr to gather and utilize such relevant information (including, but not limited to, Your service usage on Insightrackr platform) without holding Insightrackr legally liable for its collection and use.

  3. For the purpose of delivering precise and unbiased data analysis services, You acknowledge and consent to Insightrackr including the advertising content (comprising advertising copy, images, videos, etc.) that You have publicly disseminated, into its analysis material library for data analysis and display as part of the services provided to You by Insightrackr. You retain the right to request that Insightrackr remove specific advertising content from the analysis material library; however, You understand that such removal may diminish the objectivity and precision of the data analysis services offered.

  4. Should You decline to permit Insightrackr to collect and use the aforementioned information, please be advised that Insightrackr may be unable to provide You with high-quality and comprehensive analysis services.

VI. Limitation and Exclusion of Liability

  1. During Your use of Insightrackr and the Service, there may be risks of service interruption due to force majeure, which are beyond control. Force majeure refers to unforeseeable, unavoidable, and insurmountable objective events that significantly impact one or both parties, including but not limited to natural disasters like floods, earthquakes, pandemics, and storms, as well as social events such as wars, disturbances, and governmental actions. In such circumstances, while Insightrackr will strive to work with relevant entities to promptly address the issue, Insightrackr is exempt from liability for any resulting losses to You, to the extent that the law permits.

  2. Insightrackr platform and the Service may face the risk of interruption or failure to meet user expectations due to various technical issues such as computer viruses, hacker attacks, system instability, user location, power outages, system resets, and other factors related to technology, the internet, or communication lines. Insightrackr is not liable for any losses resulting from these issues.

  3. Insightrackr may perform regular or irregular maintenance on the Service. If such maintenance results in a reasonable duration of service interruption, Insightrackr is not obligated to assume any liability. Moreover, Insightrackr shall not be liable for service unavailability or delays caused by failures in internet connections, computers, communications, or other systems, power failures, etc.

  4. When using Insightrackr and the Service, You may encounter third-party information, data, opinions, images, videos, etc. Insightrackr does not review or control such third-party content. You are responsible for verifying the authenticity, legality, and validity of third-party content and assume all associated risks.

  5. Insightrackr authorizes You to use the Service for classifying, searching, monitoring, and viewing the materials. Your use of Insightrackr to access publicly available internet content must comply with applicable laws and regulations. The materials You acquire are solely for monitoring and learning purposes and must not be used for commercial purposes. Insightrackr is not responsible for any use of the Service beyond the scope outlined in this Agreement or for illegal purposes. Copyrights of displayed content belong to their respective owners. If copyright owners believe that content analyzed by Insightrackr is not suitable for public viewing, they should contact us at support@insightrackr.com, and we will take immediate action to prevent unnecessary inconvenience.

  6. Insightrackr expressly disclaims any express or implied warranties related to the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or any other warranty, condition, guarantee, or representation, whether oral, in writing, or in electronic form.

  7. Insightrackr does not guarantee the effectiveness, accuracy, correctness, reliability, quality, stability, completeness, or timeliness of the technologies and information provided by the Service.

VII. Intellectual Property Rights

  1. The ownership and intellectual property rights of Insightrackr platform and the Service, which include but are not limited to brand names, trademarks, logos, proprietary technologies, software copyrights, and domain names, are either owned by or licensed to Insightrackr or its affiliates. These rights are rigorously protected under applicable laws. You are not permitted to use or replicate Insightrackr's trademarks, logos, business information, technologies, and other proprietary materials without the express written consent of Insightrackr, except as specifically provided for in this Agreement. Any intellectual property rights license granted to You by Insightrackr for the use of Insightrackr platform and the Service is limited to the purposes and scope outlined in this Agreement. You are not authorized to use the Insightrackr platform or the Service for any other purposes or beyond the scope defined herein.

  2. The data/material displayed in the Service is sourced from publicly available information within the media industry and the marketplace. When texts, data, images, videos, and other materials are compiled from public sources, the ownership of such materials remains with the original rights holders. Insightrackr cites these materials solely for the purpose of elucidating relevant issues. While Insightrackr endeavors to ensure the accuracy and completeness of this information, it cannot guarantee it. As a user, You are expected to respect the intellectual property rights of third parties and bear the legal consequences of Your use of such materials.

VIII. Third-party Services

The Service may grant You access to, include links to, or reference third-party services such as products, services, data, information, websites, or other materials (collectively "Third-party Services"). These Third-party Services are beyond the control of Insightrackr, and You acknowledge and agree that Insightrackr is not responsible for the content, functionality, accuracy, legality, or any other aspect of such Third-party Services.

IX. Notification and Delivery

  1. Insightrackr may communicate various rules, notices, and reminders related to the Service to You through methods such as website announcements, prompts, emails, text messages, phone calls, regular mail, and in-site messages. The act of Insightrackr employing any of these methods to disseminate or send information will be considered as You having received, accepted, and agreed to the information, and it will be binding on You. If You do not accept the information, You must cease using this service; otherwise, it will be regarded as Your acceptance and agreement to the information.

  2. The date on which You are deemed to have received the aforementioned notices will be determined by the earliest of the following: the date of online posting, the date the email is sent to Your account, the date of fax transmission, the date of telephone receipt, or the third working day following the date of special delivery.

  3. Should You fail to receive the relevant rules, notices, and reminders due to inaccuracies in the contact information You provided (such as email address, mobile phone number, or mailing address) or due to not updating such information promptly, You agree that it will still be considered as You having received the relevant information and that You will be bound by it. All consequences and responsibilities arising from not receiving the information will be borne by You.

X. Applicable Law and Dispute Resolution

  1. This Agreement and any disputes, controversies, or claims arising from or related to this Agreement, including its subject matter or formation (including non-contractual disputes or claims), shall be governed by the laws of Hong Kong.

  2. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

XI. Miscellaneous

  1. The headings of articles within this Agreement are provided for convenience only and hold no substantive meaning. They should not be utilized as a basis for interpreting the contents of this Agreement.

  2. Insightrackr's failure to exercise, delay in exercising, or partial exercise of any right granted under this Agreement or by law shall not be construed as a waiver of such rights, nor shall it impact Insightrackr's ability to enforce such rights in the future.

  3. If any provision of this Agreement is found to be invalid or unenforceable, in whole or in part, for any reason, the remaining provisions of this Agreement shall continue to be valid and enforceable.

Insightrackr reserves the right to interpret and modify this agreement to the fullest extent permitted by law.

Should You have any inquiries, please contact us via email.

Contact email: support@insightrackr.com