AutoInsight Terms and Conditions of Service Use

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Effective as of 2021-06-29

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Thank you for choosing AutoInsight Limited ("AutoInsight", "We”, "Us", "Our").  AutoInsight provides data analytics related services and solutions and other content as well as other products and services that may be developed from time to time.  By signing up or otherwise using any of these AutoInsight intellectual properties, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our deliverables, including but not limited to AutoBizight, (collectively the "Service"), or accessing any output or report made available through the Service, you are entering into a binding contract with AutoInsight. 

 

Your agreement with us includes the terms and conditions set forth below (the “Terms”), and any additional terms that you agree to, including the Privacy Policy, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively the "Agreements"). 

 

AutoInsight’s Service may continue to change over time as we refine, add or remove features, including content, availability, functionality, etc.  We may therefore revise the Agreements from time to time and post the most recent version on AutoInsight website.  Please make sure you have carefully read, understood, and agreed to be bound by these Agreements before using our Service, and check our website regularly for updates.

 

If you are using AutoInsight’s Service on behalf of an organization, you agree to the Agreements on behalf of that organization and promise that you have the authority to bind that organization to these Agreements.  In that case, “you” and “your” will refer to both you and the entity you are representing.

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It’s your responsibility to ensure that you have the rights or permission needed to perform the contractual obligations under the Agreements.

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1. Registration

Registration to AutoInsight entitles you to a limited-time use of AutoInsight’s Service for the purpose of evaluation only. Any further use of the AutoInsight’s Service may require a subscription at cost.

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2. Subscription

An active subscription to AutoInsight’s Service includes access for up to the specified number of users within the specified term (time duration).  An email notice will be sent to the “Account Owner” (as defined hereinafter) two (2) months prior to the automatic renewal of the Service subscribed, in which the exact amount of the subscription fee, as well as an option to withdraw will be provided.

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Uploading and storing data on the AutoInsight server is subject to storage limits as described in the section "Storage Limits" below.

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3. Account User

Your subscription specifies a number of named users, which for licensing purposes are the Account Owner and Designated Users (as defined hereinafter).

 

Using AutoInsight’s user interface, Account Owner can delegate access permission to Designated Users up to the specified total number of users (inclusive of the Account Owner him or herself), as described under the subscription offer found in AutoInsight’s website, to which the Account Owner is entitled.

 

Account Owner may, at discretion, refuse or restrict access to his/her entitled Service by any of the Designated Users, and the corresponding rights will be suspended as a result.  Account Owner may reallocate his/her User IDs and assign one count to alternate Designated User, without retaining or restoring any reports created under the User ID owned by the withdrawn user.

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4. Account Owner

An Account Owner is a named user who can log into AutoInsight’s Service, use the Service, create and distribute data analytics reports, and is the sole user possessing the rights to define and delegate access rights to Designated Users up to the specified total number of users the Account Owner is entitled to.

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5. Designated User

A Designated User is a named user as defined by the Account Owner granted with restricted capabilities as described below:

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Designated User price is only available for Premium Plan and above.

Designated Users may create reports of his/her own, publish and share the same reports across all Users under the same Account in a read-only fashion.

Designated Users are limited to mere viewing of reports created by other Users, including that of the Account Owner, and may not drill-down, drill-through, modify, remove or share any of such reports created by others or the data sources associated.

Designated Users cannot allocate their own storage resources. They share the storage limits of the Account Owner’s.

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6. Purchase

You can sign up for subscription of the Service listed on our website and make your payment online using your credit card or PayPal account.  By undertaking this action, you acknowledge and agree that your purchase with us will be irrevocable, your subscribed Service non-exchangeable, and your payment made non-refundable.  We may also accept a purchase order from you if you subscribe for our Enterprise Plan, where contractual obligations are to be construed in accordance with the provisions set out in the respective individual Agreement established between you and AutoInsight. 

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7. Subscription and Purchase Order

AutoInsight reserves the right to reject at discretion any subscription, or purchase order in the event of an Enterprise Plan subscription, where any consideration for the contractual relationship is in whole or in part irreconcilably conflict with the Agreements and Terms hereinstated.

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We require payment for a purchase order by means of wire transfer, check, direct bank transfer (such as ACH), or any alternate method deemed acceptable under the Hong Kong Monetary Authority mechanism. In such case, should you fail to pay the amount due within the payment terms stated on the invoice, your use of AutoInsight’s Service, in addition to any available rights and remedies associated, will be suspended.

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8. Agent Software

Some use of AutoInsight’s Service may require the adoption of external softwares or applications (collectively “Agent Software”) including but not limited to SaaS and Tableau. AutoInsight hereby grants you a limited, non-exclusive, non-transferable, revocable license to use the corresponding Agent Software via AutoInsight’s gateway, solely to enable data access using AutoInsight’s Service under the Service Plan you have subscribed and paid for. AutoInsight hereby reserves all rights not expressly granted in the Agreements.

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9. Storage Limits

Storage limits apply to data that the Account Owner imports or uploads to AutoInsight, and data that the Account Owner generates and stores in tables or views in any schema on the AutoInsight server. You as the Account Owner agree that your raw data stored on the AutoInsight server, and the number of tables or views in any schema created this way, will be restricted to less than 1GB per User Account throughout the tenure of Service subscribed each time; or up to any capacity you are entitled to the Service defined by AutoInsight at any time, and such storage limits are to be shared among you and all Designated Users, during the course of Service provided.

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10. Acceptable Use and Suspension of Service

You agree and accept not to misuse AutoInsight’s Service and to only use it in a manner consistent with its stated purpose of data visualization and analytics. AutoInsight reserves the right to suspend or terminate your subscription, at sole discretion without prior notice, if you have violated the Agreements; use the Service in an unlawful way; to disturb, disrupt, or infringe upon the legitimate rights of others; or in a way that leads to legal liability against AutoInsight, arising out of our provision of the Service.

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11. Termination

Upon successful clearance of payment, you acknowledge and agree that your subscription for our Service Plan is non-cancellable, nonexchangeable for cash or alternate product/service of any kind, and payment non-refundable, even if termination occurs prior to the expiration of the term of Service.  In the event of withdrawal or termination from the Enterprise Plan, provisions set out in the individual Agreement established between you and AutoInsight shall take precedence.

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Upon termination, cancellation, expiration or other conclusion of the Service for any reason, AutoInsight will delete the personal data and copies thereof to the Account Owner unless required by applicable laws to store the personal data.

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12. No Other Warranty

Except as specifically provided herein, the Service and Agent Software are provided on an “as is” basis without warranty of any kind. AutoInsight will not assume and hereby expressly disclaims any further warranty, expressed or implied, including without limitation, any warranty as to merchantability, fitness for a particular purpose, and that arising from the course of performance. AutoInsight specifically makes no warranty as to the suitability of its Service for any particular application, or will the Service operates uninterruptedly or error free, or that all defects in the Service will be corrected.

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13. Limitation of Liability

To the fullest extent permitted by law, under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall AutoInsight and its owner be liable to you or any third party for (a) any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost or corrupted data or business interruption; or (b) for any direct damages, costs, losses or liabilities, in aggregate in excess of the amount equivalent to one-month of subscription fee the Account Owner is being billed, or if the Enterprise Service applies, in excess of the statutory limits set out in the individual contract; or (c) any matter beyond our reasonable control. The provisions of this section allocate the risks under the Agreements between you and AutoInsight, and both you and AutoInsight have relied on these limitations in determining whether to enter into the Agreements.

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14. Indemnification

You agree to indemnify and hold AutoInsight, its owners, directors, officers, management, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of AutoInsight’s Service.

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AutoInsight agrees to indemnify and hold you, your owners, directors, officers, management, employees, and agents, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of an allegation that AutoInsight infringes or misappropriates the intellectual property rights of a third party.

 

15. Miscellaneous Provision

These Terms will be governed by and construed in accordance with the laws of the Hong Kong SAR, without regard to any conflict of law provisions of your domicile, residence or physical location. If for any reason a court of competent jurisdiction finds any provision or portion of the Agreements to be unenforceable, the remainder of the Agreements will continue in full force and effect.

 

16. Entire Agreement

The Agreements, constitute all the terms and conditions agreed upon between you and AutoInsight and supersede any prior agreements, whether written or oral, in relation to the subject matter of these Agreements. 

 

Please note, however, that certain aspects of your use of our Service may be governed by additional agreements.  That could include, for example, access to the Service as a result of a gift card, free or discounted trials, or together with other services, provided by AutoInsight or any external parties from time to time.  When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Under such circumstance, those additional terms will be listed on AutoInsight's website. To the extent that there is any irreconcilable conflict between any additional terms and the Agreements now existing or hereafter entered into, the additional terms shall prevail.

 

Any waiver of any provision of the Agreements will be effective only if in writing and signed by AutoInsight, or from the time that these are posted on the website.