條款和條件 | GoInsight.AI

"GoInsight.AI" is an enterprise-level AI collaboration platform provided by SAND STUDIO PTE. LTD. and/or its affiliates (hereinafter referred to as "SAND STUDIO," "Company," or "We"), offering GoInsight.AI Software as a Service (SaaS) to business entities.

Before a business entity (hereinafter also referred to as "Customer") registers or uses GoInsight.AI, please carefully read the GoInsight.AI Terms of Service for Business Entity, especially sections involving authorized use rules, customer responsibilities, risk activities, disclaimers, liability limitations, indemnification, applicable law, etc., written in bold font, which should be the focus of your attention.

If the "Customer" disagrees with these terms, the "Customer" should raise objections to these terms via email dpo@airdroid.com before using GoInsight.AI, and the "Customer" must not use GoInsight.AI until an agreement is reached with "Us."

Before the "Customer" registers or otherwise uses GoInsight.AI, the customer and its representatives declare and warrant the following:

They have thoroughly read and fully understood the GoInsight.AI Terms & Conditions (hereinafter referred to as "Terms");
As a representative or authorized person of the customer, in accordance with applicable law, they have the legal right or sufficient authorization to represent the customer in agreeing to these terms, thus binding the customer to these terms (including but not limited to having reached the necessary age);
The customer and its representatives agree to accept and comply with these terms. Agreement can be expressed in any of the following manners:
(i)Checking, confirming, or any phrasing with similar meaning about the terms when registering, installing, or logging into GoInsight.AI;
(ii)Raising objections to these terms via email or other written forms before using GoInsight.AI and reaching a written agreement with us on the amended terms; or
(iii)Notwithstanding the aforementioned agreement, if the customer and its representatives have started using GoInsight.AI, it is deemed that they agree to these terms.
These Terms take effect between "Us" and the "Customer" upon the customer and its representatives agreeing to these Terms and are legally binding on both parties. The "Customer" confirms and agrees that under these Terms and other privacy policies, sales agreements, authorization agreements, service contracts, and/or other legal documents, the actions of "Specific Personnel" shall be regarded as actions of the customer. The "Customer" has the obligation and responsibility to urge "Specific Personnel" to understand and cautiously comply with these Terms and other relevant legal documents to avoid unnecessary losses for the "Customer." Should "Specific Personnel" fail to comply with these Terms, other relevant legal documents, or laws, regulations, public orders, resulting in losses to the "Customer," "Us," or other entities, the "Customer" shall bear the corresponding consequences and indemnification liabilities. "We" do not assume any responsibility for this.

GoInsight.AI is provided internally to corporate customers and intended for internal use by customers. Subject to the limitations of technical and other objective conditions, we do not intend to nor accept providing GoInsight.AI and services for personal purposes of natural persons, and prohibit natural persons from using GoInsight.AI and services for personal purposes. Otherwise, we do not assume any responsibility for this.

Definitions

SAND STUDIO: Refers to SAND STUDIO PTE. LTD., a Singapore-based company, which may include affiliates in specific contexts. Herein referred to as "SAND STUDIO," "Company," or "We."
GoInsight.AI or GoInsight: In these Terms, refers to the enterprise-level AI collaboration platform visualization workflow and related services developed and provided by us, available as Software as a Service (SaaS), hybrid mode, or fully localized deployment mode, including but not limited to websites, domains, applications, link pages, software, services, and related content that we may develop, provide, update, upgrade, expand, improve, or derive in the future.
Products and/or Services: Refers to the GoInsight.AI provided by us using Software as a Service (SaaS), hybrid mode, or fully localized deployment mode. Hereinafter referred to as "Services." Whether during a free trial period (if any), testing period (if any), or normal chargeable period, services are provided "as-is" without any express or implied warranties.
Business Entity: Refers to companies, organizations, affiliates, and other legal entities that accept these Terms and use the Services, including but not limited to companies, partnerships, associations, trusts, and any legal entities, excluding natural persons. If a natural person represents a business entity in accepting these Terms, or uses the Services after being authorized by a business entity, the actions of the natural person are considered as actions of the business entity. In these Terms, the business entity is referred to as the "Customer."
Specific Personnel: Includes but is not limited to authorized persons with supervision, management, and usage rights over GoInsight, employees, agents, managers, actual controllers, owners, super administrators, managers, team members of the customer, and other natural persons invited by the customer to use, accept services. These individuals must be of sufficient age (not minors). Collectively referred to as "Specific Personnel."
You: In these Terms, includes business entities and specific personnel, collectively referred to as "You" for convenience.
Account: Refers to the account you create. Upon opening the permissions for the corresponding products, your account can be used to experience all the software products and services we provide, including GoInsight.AI.
Third-party Services: During our service process, this includes third-party websites, services, content, link pages, platforms, applications, software, large language models, general AI models, AI systems, cloud service providers, advertising service providers, payment service providers, API connections, interfaces, or integrations not owned, provided, or controlled by us. Third-party services may interact with these services. For instance, these services may interface with third-party AI models, large language models, third-party application services, plugins, or other API interfaces. Herein referred to as "Third-party Services."
Affiliated Company: For any party under these Terms, refers to any entity directly or indirectly controlling the party, being controlled by the party, or under common control with the party. For purposes of this definition, "control" refers to the ability to direct the management or business of the entity, regardless of whether this ability is exercised through direct or indirect voting rights obtained via contractual or other means.
Fees: Refers to the fees payable to us for using these Services, including but not limited to subscription fees, fees for using services based on specific cooperation, fees based on usage, or other fees displayed in forms such as email, website, charging platform, or other notifications.
Taxes: Refers to any sales tax, usage tax, goods and services tax, value-added tax, withholding tax, or similar taxes or levies applicable to these Services, regardless of the taxing country or region.
Service Period: In these Terms, also referred to as the "Subscription Period" or "Usage Period" of these Services. The Service Period refers to the period for which the customer agrees to subscribe to these Services, starting from when these Services are provided to the customer until termination, including the renewal period in the case of customer renewal.
Large Language Models (LLM): Refers to the large-scale AI models interfaced with these Services, capable of analyzing and processing inputs and generating output content. LLMs are provided by third-party model providers, and these Services support customers in calling LLM models from different AI model providers that have been interfaced to process input and output customer content. In SaaS, we support external cloud LLM; in hybrid mode, we support external cloud LLM and LLM deployed by the customer in a local environment; in fully localized deployment mode, we support LLM deployment by the customer in a local environment. However, we do not develop LLMs and AI systems ourselves.
Hybrid Mode: Refers to deploying GoInsight.AI workflow or data processing systems with account settings, registration, logging in, and some LLM supported by external cloud services (such as public cloud, third-party service provider cloud), while other components, data, or computing power or LLM deployed by the customer in a local server/data center are used jointly, forming a "local + cloud" hybrid architecture. In hybrid mode, data is securely transmitted between local and cloud based on business needs, with the customer having dominant control over local data storage and processing, while supplementing computing power, models, or service capabilities with cloud resources.
Fully Localized Deployment: Refers to deploying GoInsight.AI (including interfaced LLM models) in the customer's local server, data center, or private network, with all data stored locally by the customer. SAND STUDIO only facilitates data transmission between the customer and LLM; the customer's service usage data is not transmitted to SAND STUDIO's cloud or cloud storage center, and SAND STUDIO does not have the right to access or process the customer's local data and does not store any data. The customer retains absolute control over local data and is fully responsible for data security and compliance management.
Input Content: Refers to any data, dataset, prompt information, text, images, instructions, prompt words, code, audio, video, workflow, or other materials created, uploaded, shared, stored, or otherwise entered into the interactive interface of these Services. Referred to as "Input."
Output Content: Refers to the results, content, or materials generated after analyzing and processing "Input" using the interactive interface of these Services, including but not limited to text, images, code, audio, analytical reports, executed operations, and other data, and workflows. Output content does not guarantee absolute accuracy and still requires manual proofreading and adjustment. Referred to as "Output."
Workflow: Refers to a series of automated steps, logic, or operation processes configured through a visualization interface within these Services to process input and generate the desired output. Workflows provide flexible process orchestration and automation support for customers by invoking large language models (LLM), multi-agent systems (MAS), plugins, other programmatic steps, and human-in-the-loop mechanisms. Based on specific scenarios, workflows may be classified as input content or output content.
Agent: Refers to AI programs created or operating within these Services that have automated decision-making or task-execution capabilities. Agents can perform specific tasks on behalf of the customer based on predefined workflows, plugins, and short-term and long-term memory mechanisms. When a single dialog is insufficient to cover complex domains, the service supports multi-agent system (MAS) collaboration.
Customer Data: Refers to any enterprise data and information belonging to the customer uploaded, transmitted, shared, stored, or otherwise submitted to the GoInsight.AI account during the access and use of services, including individual data and business data from customers, employees, and other team members, suppliers, end-users, and third-party services, as well as enterprise data and information generated through the customer's lawful and reasonable business activities ultimately belonging to the customer.
Customer Content: Refers to any data, information, or materials generated during the access and use of services that rely on service features (such as workflows), possibly including workflows, inputs, outputs, and applications, tools, or plugins created by customers through these services.
Sensitive Personal Data: Refers to race, political opinions, religious beliefs, health data, sexual orientation, genetic data, biometric data (such as facial/voiceprint), and other categories defined by applicable law.
Applicable Law: Depends on the specific content of the laws, regulations, rules, decisions, and public orders applicable to the regions where we operate, where the Customer is located, where the Customer is using these services, and where the Customer's target market is located. Collectively referred to as "Applicable Law."
Risk Activity: Refers to activities that utilize AI technology and automated decision-making that may significantly impact individual life, health, safety, property, or basic rights. Examples include autonomous vehicles, life support systems, medical diagnostics and treatment, emotion recognition, credit evaluation, resume analysis, recruitment assessments, and activities prohibited or classified as high-risk following the enactment of the EU AI Act. The legal definition, risk level, and categorization standards of risk activities depend on the provisions of international treaties, customs, or rules applicable in the regions mentioned. These services are not intended for prohibited activities and high-risk activities and we oppose your use of these services for such purposes.

Account Creation and Management

Creation and Registration. In order to access, log in, and use the services, the customer must create an account and set a nickname and login password. The customer needs to provide complete, accurate, and truthful account information and maintain its accuracy and validity. Upon granting the customer’s account access to the corresponding products, we will provide specific software products and services, including GoInsight.AI. The customer is only permitted to use these services for lawful and legitimate business purposes, subject to compliance with these terms and other legal clauses. The customer is responsible for all uses of the services under its account, including compliance with all applicable laws. Should the customer use the services in a manner not permitted by these terms, it accepts the associated risks. We reserve the right to refuse the customer’s application for registration or terminate the customer’s access, login, and use of the services without the obligation to refund or compensate.
Confidentiality and Update of Account Information. The customer bears complete responsibility for maintaining the confidentiality and security of account-related details, passwords, API keys, access tokens, and all other critical information acquired through cooperation between both parties (collectively referred to as "Account Information"). The customer must properly utilize and safeguard the account and account information created. If any of the customer’s account information is found to be incomplete, inaccurate, obsolete, or previously registered, we reserve the right to deny the customer’s registration application or to terminate the account's access and usage of services outright.
Account Information and Permissions. Authorized personnel can be granted member status and associated service usage rights through customer-initiated settings or configurations. The owners and super administrators of the customer have the ability to access, review, modify, and/or delete other data within the customer's account, including information pertaining to specific accounts. The customer is only permitted to grant account information and permissions to specific personnel who need to access such information and should conduct regular inspections and updates. The customer must not disclose or share account information with anyone or log into accounts on non-customer devices. The customer is also prohibited from transferring, leasing, lending, sharing, selling, sublicensing, or otherwise providing access to the account to third parties. If specific personnel are no longer employed by or members of the customer, do not possess the relevant account permissions, or are no longer authorized by the customer to continue using the services, the customer must promptly terminate access and usage rights for such personnel. Failing to do so will place the customer at risk for any losses or damages that occur, for which we accept no liability.
Account Security Verification. The customer hereby grants us the necessary rights to ensure the security of the account. We reserve the right to periodically or sporadically verify account security through various methods, including but not limited to actively contacting the customer for identity validations, email verifications, password alterations, or credit card confirmations. Should the customer fail to verify or unjustly refuse verification, we may have reasonable suspicions that the account is either compromised or stolen and may suspend or cease service provision for that account, notifying the customer, and taking further necessary measures.
Notifications. If the customer notices unauthorized access, password leaks, or any abnormal events, they must immediately alter their password and inform us without delay. Upon notification, we will make reasonable technical and commercial efforts to assist the customer in preventing unauthorized access to their account or any other potentially damaging actions, but we do not assume any guarantee obligations in this regard. Regardless of the customer's awareness of abnormal incidents, the customer must bear any resulting risks, losses, or damages arising from their failure to maintain account security, provided that such incidents were not intentional on our part.
Account Deactivation and Cancellation. Specific personnel have the right to request an account deactivation or cancellation, which may only be conducted by those members granted the appropriate permissions by the customer. Account cancellation will result in the customer’s inability to access and utilize these services and may lead to the deletion of all customer data and content associated with the account. We will process such requests according to notifications provided by the customer through email or other written forms, in compliance with privacy policies and relevant legal requirements. If specified personnel directly contact us, we generally will not respond directly to their requests but will inform the customer to address them.
Consequences and Liability Disclaimer. Actions taken by specified personnel are under the customer's control, and the conduct of specified personnel is treated as the conduct of the customer, for which the customer holds all responsibility. If the customer fails to comply with any provisions of sections 2.1 through 2.6, causing any breaches related to information, customer data, personal data, commercial records, confidential information, property, or unauthorized access or use incidents, including billing anomalies resulting in losses, costs, liabilities, or unfavorable outcomes due to actions not intentionally caused by us, all resulting risks, losses, damages, expenses, compensatory fees, or adverse effects are the sole responsibility of the customer and we retain no liability in relation to impairments sustained.

Subscription and Fees

Subscription and/or Orders. Services can only be utilized after the relevant fees are paid. Unless stipulated otherwise by applicable law or explicitly outlined in these Terms, all fees are non-refundable, and all payment obligations are irrevocable.
Taxes. The customer is responsible for paying all applicable taxes other than our income taxes. Unless stated otherwise, fees exclude taxes, duties, or other levies. If we have a statutory obligation to levy or collect taxes on related transactions, we will issue an invoice to the customer; unless the customer provides us with a valid exemption certificate recognized by tax authorities, the customer must fulfill their payment responsibilities in accordance with the invoice amount.
Recurring Subscription/Automatic Renewal. If the customer successfully cancels the recurring subscription/automatic renewal prior to the renewal date, the customer will not incur further charges in the next cycle and will lose access to and usage rights for the services.
Modifications to Billing Standards and Methods. Fees may be subject to adjustments due to factors such as pricing, labor costs, hardware costs, market conditions, and enhanced functionality based on various influences. We reserve the right to periodically update charging standards and fees for services as outlined on our official website, application programs, linking pages, or orders (collectively referred to herein as "New Billing Rules"). The "New Billing Rules" shall not retroactively affect already settled subscriptions/orders. If subscriptions and/or orders are not finalized, the "New Billing Rules" will take effect immediately upon announcement to the customer, and the customer must pay fees according to the "New Billing Rules." Should there be any objections from the customer regarding the "New Billing Rules" and their effective date, the customer must immediately cease using the services, as well as inform us of their objections in writing via email or other means within seven days of the "New Billing Rules" being issued, and not later than the commencement of subscription or service orders, reaching a written agreement with us. Should the customer and specified personnel begin using the services, it is interpreted as agreement to the "New Billing Rules," for which the customer is responsible for payment.
Discontinuation of Services. Should the customer fail to remit total due fees, we reserve the right to either disable all account access, suspend services, or restrict account permissions and functionalities on the day directly following the payment due date. Should the customer not settle outstanding amounts within seven days post-due date, we reserve the right to terminate service obligations and proceed with the cancellation of all customer accounts within a reasonable time, pursuing legal action if required under applicable laws, these Terms, or other legal documents.
Additional Legal Documents Related to Subscriptions and Fees. For further information or details regarding subscriptions and fees, we may periodically publish or provide the customer with other legal documents. If discrepancies or inconsistencies arise between other legal documents and the content of this Article regarding subscriptions and fees, the most recently updated legal document takes precedence. Where additional documents supplement or refine content under this Article's subscriptions and fees, they correspond with these Terms and hold binding effect.

Service Use Rules

Service Nature Explanation. This service acts as a technical tool providing a visual enterprise-level AI workflow platform, facilitating the customer’s selection of LLMs. It aids in achieving business orchestration processes, making AI more practical, and enhances work efficiency, and improves processes through AI. We are not involved in the training or fine-tuning of models; we will not utilize customer data for model training and will not manually review customer data or content. We do not intervene in decision logic or decision processes and cannot participate in or control customer inputs or outputs, nor provide management or oversight of how customer data, customer content, and derivative applications segue with third-party services beyond a neutral technical tool. We reserve the right to automatically inspect and test for illegal inputs and outputs within our technical capabilities.
Permitted Use of Services. The customer may only use the account and services for the following permitted purposes: the customer's lawful and reasonable business purposes; to provide services intended for the customer's internal operations; and to use in accordance with these Terms and other legal documents' provisions.
Trade Control. The customer hereby declares, guarantees, and commits: a) The customer understands and agrees that certain components of services, third-party services, and model service providers may be subject to eksport, re-export, or import restrictions under applicable laws; b) The customer will not utilize services in a manner that contravenes applicable laws or trade controls; c) The customer is not within territories that are sanctioned or on lists under control over regulated industries.
Prohibited Practices.Should the customer engage in prohibited practices during purpose or processes involving the use of services, we reserve the right to delete customer data and customer content, suspend account permissions, limit functionalities, or terminate services while ensuring indemnity and safeguarding against losses. The customer:
1. Prohibits Unauthorized Technical Operations and Commercial Exploitation. The customer promises and will not enable any party to carry out the following actions: a) Resale, sublicensing, distribution, transferring, leasing, pledging, or mortgaging any part of the services and allowing unauthorized customers access service rights, or utilize services to provide hosting or managed services to third parties; b) Reverse-engineer, decompile, or seek to obtain non-public technical information from service source code, unless expressly permitted by law and prior written warnings have been supplied to us; c) Replicate, modify, translate, create derivatives of the services, mirror, or otherwise publish alterations of any parts of the services; d) Remove or tamper with intellectual property notices present in the services; e) Undertake security tests, evidence vulnerabilities, or interfere with service operations, bypass access limitations, without appropriate authorization; f) Craft or stimulate competing products or services against ours based on these services; g) Utilize services outside the granted rights under these Terms.
2. Prohibits "Risk Activities." The customer shall not access or utilize services for "Risk Activities," defined as any prohibited or high-risk activities as per applicable laws.
3. Prohibits "Sensitive Personal Data." The customer must not use services to upload, collect, transmit, share, store, or process any sensitive personal data. For instance, using these services to transmit sensitive personal data under the guise of business purposes is forbidden by us.
4. Prohibits Certain Use of Services. The customer must not use the services to: a) Mislead others into believing outputs are entirely human-generated; b) Employ the services in contravention of applicable laws or legal documents; c) Contravene any technical documentation, user guides, or parameters; d) Use services for automated decisions that could adversely impact individual rights without appropriate human intervention; or e) Violate our rights or those of third parties, including but not limited to intellectual property, trade secrets, and other lawful interests.
5. Prohibits Unacceptable Use of Services. The customer declares and commits against accessing, utilizing, transmitting, storing, or distributing services or directing the services for the following objectives (not exhaustive): a) Violating intellectual property rights, ownership, privacy rights, personal data, or any third-party legal rights; b) Using services for illegal, harmful, fraudulent, deceitful, threatening, abusive, harassing, invasive, slanderous, obscene, or any form of objectionable acts; c) Offending social structures by race, ethnicity, belief, skin color, sexual orientation, disability, identity or sensitive privacy; d) Depicting obscene or pornographic material; e) Promoting violence or illegal behavior; f) Obtaining unauthorized access to or using services; g) Engaging in commercial activities or advertising without our prior written consent (like contests, lotteries, advertising, or pyramid schemes); h) Engaging in illegal behaviors or inflicting damage or injury on individuals or property; i) Assuming identity of any entity, including by impersonating our employees or representatives; j) Employing methodologies that exploit services to transmit viruses, trojon horses, contaminated data, worms, time bombs, or other malicious codes, files, or programs; or k) Any other conduct that is offensive or inappropriate.
6. Prohibits Illegal Activities. The customer affirms and guarantees that while using the services, they will not engage in illegal practices (not complete list): a) Publish or transmit communications designed to solicit account information, customer data, or other personal details from other customers; b) Utilize services to breach network security or crack passwords; c) Conduct spam methods like Maillist or automatic response systems or similar activities hindering service performance; d) Use automated means to extract content from the service; e) Reverse-engineering to obtain source code; f) Utilizing services for unauthorized access of third-party IT systems; g) Illegally modifying, exploiting data; h) Or act in a manner not compliant with applicable laws adverse to agreements.
7. Prohibits Unsafe Usage of Services. The customer must not engage in actions compromising the security of the service, including but not limited to improper input, unauthorized data handling, misuse of data, accessing through VPN, setting weak passwords, maliciously calling or accessing interfaces, integrating unverified third-party services, or other unsafe practices.
Service Description
1. Modifications, Updates, Maintenance (Applicable to Cloud Services and Hybrid Mode Not Applicable to Fully Local Deployment Mode).To better ensure safety or enhance service provision, we may periodically modify, maintain, update, repair, or upgrade GoInsight.AI as well as these services, changing specific features, interfaces, or components therein at any time. No obligation exists for us to offer updates. However, if we do issue an update, there are no guarantees for the continuity of older versions nor continued customer support or maintenance for said versions. We are not obliged to preclude errors or omissions for customer continuance in using earlier versions. Notice will be issued for version updates; please regularly validate information to download updated versions. If no date is specified, it should be within seven days of notice issuance. The customer acknowledges and accepts that using an un-updated version may affect service quality, and accepts the risks incurred from continuing with older versions. If update maintenance is bypassed, excluding cases where risks are due to our intent, all respective risk, loss or damages bear responsibility by the customer. No guarantees exist for performance, security, or stability regarding obsolete versions, and we shall not assume any liabilities for such mentioned issues.
2. Supported Devices and Forms. The customer may access services through a web interface; we aim to expand supported devices and forms continuously. The customer must select versions compatible with their devices; otherwise, proper operability cannot be assured.
3. Notes on Hybrid Mode and Local Deployment Mode. Although updates, maintenance, and support are mentioned in Section 4.5.1 and 4.5.2, some conditions may apply under hybrid and local deployment modes concerning lack of support, updates, or maintenance through devices. If the customer itself alters devices, updates systems or services, there may be complications accessing services and we shall bear no liabilities for such complications, requiring distinct inquiries of the customer regarding their device needs to avoid risks causing inability to utilize services or losses.
4. Network and Other Costs. Service usage results in data traffic consumption; thus, the customer agrees to bear all data flow fees, network costs, operational costs, including but not limited to download, usage, services' updates, repairs, maintenance, stemming from inputs and outputs, or other relevant fees associated with these services.
5. Modifications and Changes in Access Models and Features. The customer recognizes and agrees that we may modify, suspend, or terminate services, including halting the offering of any particular AI models, large language models, or features according to changes in business dynamics or as mandated by applicable laws. We may impose restrictions on certain models, features, or limit access to parts or the entirety of services without further notice or incurrence of liability.
6. Prominent Identification for AI Outputs: If the customer publishes or disseminates tools, applications, systems, products or services made utilizing AI, automated decision-making, or other advanced technologies through these services, the customer must employ secure digital watermarks, metadata, encryption tracking, or other applicable identification of AI-generated or manipulated outputs, ensuring that third parties, end-users or the public can correctly identify these distinctions. Infringements under applicable laws yield customer responsibilities for liabilities and risks incurred; we shall not accept liability here.
7. Vulnerabilities:Any exploitation of system vulnerabilities or obtaining services through unauthorized avenues shall not receive relevant protection; we maintain the rights to cancel and/or refuse services, holding customers liable for losses incurred.
8. Statistical Data:We may collect, utilize, and quantify configurations, applications, model usage, consumption data within the customer account for the facilitates operational enhancement and service recommendations. The customer understands and acknowledges we can provide aggregated statistical data per applicable laws and use the data adhering to applicable laws as long as such data does not disclose confidential client information.
9. Services Paused or Terminated. Under the following circumstances, we may enact one or multiple of the ensuing actions: A. Immediately halt or permanently revoke the customer's access rights to services; B. Suspend, modify, or permanently delete any customer content transmitted to services; C. Initiate legal proceedings against the customer; or D. Disclose such information to enforcement authorities if required under applicable laws. Examples of situations include but are not limited to: a) The customer has or may violate governing regulations, entities authorized to supervise, or demands from governmental agencies; b) Applicable laws regulate or instruct us to take responsive actions; c) The customer has failed to timely implement required updates or maintenance of the services; d) The customer has not adequately responded to our requests, or those of the customer's users, providing insufficient opportunity for further input concerning personal data of natural persons; e) Breach of these Terms, other legal documents or any agreements binding both parties whatsoever; f) The customer's business or trading activities constitute unacceptable risks to us; and/or g) We recognize the utilization of services by the customer poses potential harm to us or third parties; (i) It is probable that use could harm us or third-party integrity; (ii) Decreasing or potentially reducing our service reliability, stability, or security; (iii) Enabling or facilitating, or potentially enabling or facilitating illegal or prohibited trades; and/or (iv) It is or may be unlawful.

Customer Responsibilities

Customer's Full Control Over the Process. The customer retains total control over the use of the services, legality of the content, and distribution scope. We do not and cannot be involved in any content review, logical decisions, or processes. The customer is responsible for all data, content (including customer content), and information in their accounts, regardless of whether they are shared or published. From the stages of creation/input to processing/output, development of derivative stages, and management/maintenance, the customer must comply with applicable laws by ensuring the safety, accuracy, legality, compliance, non-infringement, compatibility, and applicability of customer-created applications, tools, plugins, products, and/or services. The customer accepts full liability for their applications, products, and/or services as well as all published content. While such services may allow us to provide tools for assistance, we cannot guarantee their effectiveness. We do not assume any liability for damages or losses incurred by the customer from non-compliance with applicable laws.
Human Involvement and Verification Checks. The customer acknowledges and agrees content obtained from services should undergo thorough independent reflection before being acted upon; complete reliance on outputs is discouraged. The customer must conduct human review of outputs from the services, functionalities, or applicability. Specifically, with regards to domains needing professional expertise for evaluation such as medical, financial, legal, or others requiring professional practitioners, the customer is especially encouraged to consult professionals for assessment.
Independent Risk Assumption. The customer acknowledges and agrees that AI does not perform human decision-making, being subject to background information, prompts, technical limitations that may lead to inaccuracies; hence, all information, content, analysis, proposals, and decision outcomes drawn from using these services are at the customer’s own risk. Results are not covered by any guarantees not expressly outlined herein.
Legality of Customer Content. The customer acknowledges they control the legality and extent of distribution of workflows, applications, tools, or similar products/services created via our services and takes full responsibility. The customer must provide end users with service agreements, privacy rules, data processing agreements, or other legal documents that comply with applicable law. It is incumbent on the customer to ensure that customer content complies with applicable laws and complete required registrations or approvals, taking full liability for any legal consequences arising from breaches (including but not limited to investigations or penalties by authorities, complaints from end users or third parties).

Limitation Of Liability

In no event shall GoInsight, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

Ownership, Intellectual Property, and Customer Content

Intellectual Property. Both parties shall adhere to all copyright notices, patent rules, trademark protocols, and restrictions concerning any disclosed information accessed via services. Unauthorized use or accessing of proprietary content without proper permissions is prohibited. Parties cannot register, apply or replicate any altruistic rights or entitlements related to trademarks, business names, or domains, nor exceed permissible usage, infringe upon others' intellectual property rights, or assist third parties in infringement.
Intellectual Property of Services. We grant non-exclusive, non-transferable, no-sublicense, time-limited, revocable rights to utilize these services, and this does not entail any transfer of ownership, allowing use within the customer’s internal business operations during their subscription term. Other than outlined in this agreement, we and our affiliates retain all our rights and legal interests concerning services, technology, and derivatives (products and/or services), including ownership and intellectual property rights of GoInsight.AI, GoInsight branding, company name, domain, all rights related to modifications, updates, upgrades, enhancements, and components. No element in this document gives interpretations of granting rights or permissions concerning any domain, company names, software, or technology unless explicitly written in an agreement with the customer. All rights unallocated within this scope are reserved.
Customer Ownership, Intellectual Property, and Content. The customer retains ownership of all customer data, customer content created, including workflows, inputs, outputs, uploaded documents, and images processed through third-party services. The customer must ensure all requisite rights and licenses to use, transmit, process customer content and fully assume accountability or risk for data sourced through this service.
Promotional Clause. The customer permits us to designate them as our service clients and use identifiers, trademarks, or business/service names for promotional partnership purposes.
Infringement or Violations Notification. Upon notification of potential infringement or violation of applicable laws regarding customer use of our services, including workflows or resulting content infringing on others' rights, we may relay the summary content of the notice if feasible. Customers must amicably address disputes with the complaining third-party and provide adequate responses for resolution. In case evidence proves insufficient to validate non-infringement claims under our review, or if we determine the customer’s actions pose a threat to our services or others, we retain the right to demand for alterations, deletions of infringing content, limiting functionalities, permissions, or enacting other pertinent actions without prior notification. We bear no responsibility for any interruption of services, losses, damages, or content deletions fulfilling these directives.

Confidentiality

Confidential Information. The recipient should agree that all code, inventions, technology, documentation, business, financial information (including customer data and customer content) received from disclosing parties are confidential if explicitly labeled or deemed confidential by their nature or through the disclosure context. Our unpublished technology and all developments, disputes, litigation, and arbitration with customers, are likewise, considered confidential under the same conditions. Notwithstanding this agreement, confidential information excludes the following: a) Information disclosed with prior written consent; b) Information rightfully known by the recipient prior to receipt of the confidential information; c) Information already in public domain unless due to breach of the agreement; d) Information lawfully acquired from a third party without binding confidentiality obligations; e) Information independently developed by recipient without utilizing confidential information.
Protective Measures. Unless otherwise authorized, the recipient ensures confidentiality and refrains from disclosing confidential information to unauthorized third parties or utilizing confidential information beyond obligations, duties, and rights under this agreement. The recipient may disclose confidential information to employees, agents, contractors, financial advisors, lawyers, auditors, and others with a legitimate need to know, provided those individuals are bound by at least equivalent confidentiality obligations, and the recipient remains responsible for their compliance with these confidentiality terms.
Mandatory or Statutory Disclosure. Should the recipient be compelled by applicable laws, regulatory bodies, or judicial entities to disclose confidential information, the recipient should notify the disclosing party whenever feasible, who shall release the recipient from any obligations concerning disclosed confidential information. Conversely, if the disclosing party requests that the recipient contest any mandatory disclosures within legal bounds, they are liable to cover all reasonable expenses incurred by the recipient in any objection submissions or measures taken.

Security and Data Privacy

Data Collection and Processing Policies. Please refer to the "Privacy Policy" and "Data Processing Agreement" for additional rules surrounding personal data collection, processing, and transfers. If cross-border data transmission is involved, applicable standard contracts will be incorporated based on development conditions and provisions suitable to ensure data security.
Security Measures. We have put onto actionable physical, technical, and management measures to prevent unauthorized access, destruction, misuse, modifications, or disclosures, including encryption protocols, aimed at protecting service and customer data.
Customer Data. The customer retains ownership of the customer content as highlighted in Section 6.3. The customer’s transmission, processing or storage of customer content indicates authorization for us to access, use, transmit, process, copy, store, distribute, perform, disclose, and export the customer content as reasonably necessary: a) to maintain operations; b) to avert and tackle service issues; c) as required under applicable laws. The customer holds full accountability for accuracy, quality, and legality of the customer data and any actions arising from the customer data.
Customer Responsibilities as Data Controllers and Disclosures of Personal Data. The processing of customer data and content by us during service engagement recognizes the customer as data controller and us as data processor; we engage in handling customer data alongside sub-processors. When personal data is submitted, customers must notify applicable individuals to obtain necessary consents, ensuring such processing complies with the Terms, Privacy Rules, and Data Processing Agreements. The customer retains autonomy over notification contents and determines the purposes for which such personal data may be utilized.
Customer Data and Services. The customer comprehends that services are solely for their benefit; should other entities gain access to the customer account, outputs, or customer-generated content, this does not direct any liability to us. The customer bears full responsibility for the accuracy, legality, and implications arising from all customer content disseminated via services and adheres to full liabilities concerning input, output, and associated repercussions.

Third-Party Services

Integration and Data Sharing with Third-Party Services. For the customer's convenience, these services may support connections or integrations with third-party services. Due to customer configurations or usage of third-party services, customer account information, input, output, and customer data may be transmitted, shared, or stored via third-party services, or processed by parties external to us. This offers convenience and alignment with these Terms; however, we do not endorse, validate, recommend, or take responsibility for third-party services or their contents. These services are unrestricted by our service agreements and privacy policies. All risks associated with accessing or utilizing third-party services are borne by the customer who must perform due diligence for any potential risks associated.
Customer Sharing with Third Parties. The customer agrees that granting third-party services access to their customer account may result in sharing account information according to their configurations. The customer retains responsibility for any implications involving third parties accessing customer data and customer content.
Suspension and Changes to Third-Party Services. Third-party services may alter regulations, suspend, or terminate their offerings with or without the customer or our consent. The customer understands and agrees that such changes may have implications for the functionality of our services or user experience and absolves us from liabilities or damages incurred due to these transitions. While we will make reasonable commercial efforts to mitigate the impact of changes, this does not constitute guarantees from us.

Disclaimer

The disclaimers outlined below shall remain valid and applicable even if any limited remedies fail to fulfill their purpose:

Service Provision and Guarantee Exclusions. Services are provided "as-is" and therefore do not include any express or implied warranties to the fullest extent permissible under applicable law. This extends to exclusion all conditions or warranties related to service quality or effectiveness, irrespective of whether these were embedded by statute, common law or other legal documents such as satisfactory quality, fitness for purpose or adherence to applicable national regulations.
Lack of Control. The customer understands and agrees that no special legal relationship exists between us, nor any fiduciary duties to the customer regarding the content accessible through services or actions the customer undertakes in response to said content, nor the implications of customer interactions with inputs or outputs. The customer is solely responsible for pursuing redress against any infringers resultant from improper usage of services.
No Absolute Guarantees. The customer agrees that no guarantees exist regarding fitness for specific use cases, the complete alignment with the expected outcomes or objectives from services; that no guarantees are made concerning the uninterrupted, timely, secure, consistent, or error-free operation of services; nor the rectification of any fault or defect within an acceptable time frame. The customer assumes all risks associated with reliance on service contents ensuing damages.
Release from Responsibility. The customer agrees that we shall not be accountable for damages or losses stemming from non-Gain Insight controlled factors, internal or external tampering, unauthorized access to services, failure of fraud or data security practices; accessing the services in ways conflicting with the terms; unauthorized access to the service infrastructure, services interruptions, or similar security events arising from such actions fall outside our liability.
Circumstances Beyond Our Control. In events wherein services are impacted due to: a) customer infringement during system outage, maintenance, or upgrades; b) disruptions in communication or data transmission equipment; c) acts of natural disasters, civil disturbances, governmental acts, judicial commands, trade prohibitions, and events outside our control; d) malware or cyber attacks leading to service failures; e) illegal or improper acts undertaken by customers or third parties; or f) other situations not attributable to or surmountable by our influence. The customer may negotiate remedy options by contacting us or face limitations on service continuation on failure to agree.
Legal Boundaries of Product Utilization. The customer must utilize the services product within their country's legal frameworks and regulations. Our service does not guarantee global applicability of legality or suitability.

Limited Liability

The clauses that exclude indirect losses and establish liability limitations and compensatory agreements are independent and maintain validity even if any limited remedy fails:

Exclusion of Indirect Loss. To the maximum extent permitted by law, neither we, nor our suppliers, distributors, agents, contractors, and their respective shareholders, directors, and employees will incur liability towards the customer for any indirect, incidental, consequential, punitive damages, or data loss, or costs associated with replacing lost or damaged items or any opportunity loss, loss of profits, reputation, or other matters beyond our reasonable control.
Compensatory Liabilities and Limits. In absence of qualifying claims, for liability due to breach of contract, misconduct, or other legal theories, in SaaS context, our only liability for any breach would be monetary and not exceeding the total paid fee for the one subscription cycle during the period of utilization, or for Non-SaaS equivalent to the last three months' service fees (not including payments due for LLM services). The specific calculation follows: fees actually paid by the customer for one subscription cycle minus fees for usage or consumed or the equivalent for the last three months minus expenses owed for LLM.
1. Deliberate Acts of Compensation. Under stated conditions involving actionable misconduct, we become liable for direct economic losses sustained, with the liability cap established not exceeding three times the fees actually payable in SaaS service or fees in the last twelve months for non-SaaS (other than LLM fees that remain unaccounted). Conditions applied include: a) intentional wrongdoing; b) direct damages in contravention to your actual losses obliged to prove within seven days after any incidence; c) continuous non-recourse behavior after our remedy within a reasonable time frame; d) necessary document verification must be included if asked for, listing direct loss-related invoices and assessments as per mutual agreement reached.
Intellectual Property Assurance. Should we determine that GoInsight.AI's products might infringe upon third-party intellectual property rights (excluding customer activities), we can decide to: a) obtain rights for continued usage of such services; b) amend services to avoid infringement while retaining functionality; or c) provide alternate services that neutralize infringements. If no feasible or reasonable alternatives exist commercially, we may terminate service provision and compensate the customer on a prorated basis for unused fees.
Customer Indemnification Obligations. The customer shall indemnify and hold us harmless from third-party claims arising due to the customer's breach of these terms, misuse of services, improper actions, risk activities or their inputs, outputs, or any actionable infringement on intellectual property or any breach of confidentiality or other rights.

Notifications and Communication

Customer Notifications. We may notify the customer via announcements on the website, in-app notifications, direct messages, or via the email address the customer provides. The customer must ensure the email address submitted remains accurate.
Notifying Us. Should the customer have any questions, complaints, or claims regarding these Terms or other legal documents and our services, please communicate with us via email.
Contact Email: dpo@airdroid.com
Address: 15 SCOTTS ROAD #03-12, SINGAPORE (228218)

Additional Clauses

Governing Law and Jurisdiction. All agreements arising out of or related to these Terms are governed solely by the laws of Singapore without regard to its conflict of law rules. In the event of a dispute, both parties agree to negotiate a resolution. If negotiations fail after several rounds, the customer agrees to submit such disputes to the Singapore International Arbitration Centre for resolution under the latest rules of arbitration in effect at the initiation of the arbitration notice.
Waiver of Class Action and Group Litigation. The customer acknowledges and agrees not to pursue any claims against us in any purported class, collective, representative, or similar proceedings ("Class Action"). The customer further agrees to waive any rights to participate in any collective lawsuits that might be presented against us.
Applicability of Terms. The customer acknowledges that unless specified otherwise, these Terms apply to SaaS, hybrid, and fully localized deployment modes. If specific clauses within these Terms only expressly apply to certain modes, they will be indicated accordingly.
Updates to These Terms. To provide better service or result from changes in relevant laws, technical conditions, or product functionalities, we may amend these Terms periodically, publishing modified versions. Major changes to the Terms will be published on our websites with accompanying effective dates detailing the changes. The customer should stay updated and promptly check notifications. If the customer disagrees with the modifications, they should cease using the services and notify us. Continued use of the services following the release of modified Terms implies acceptance of the revisions.
Assignment. The customer must obtain our written consent prior to transferring any rights or obligations under this agreement. However, we may assign or delegate our rights or obligations under this agreement without the need for customer consent.
Severability and Waiver. Should any clause in these terms be determined unenforceable, it is to be construed only to the minimum extent necessary, and the remainder shall remain effective. Indicated provisions shall be upheld according to the intention of both parties and reviewed accordingly as deemed necessary.
Integration with Other Legal Documents. In the event of a sales/service contract existing alongside these Terms, they are thus considered an integral part of said legal documents, retaining equal validity. Preference is given to clauses of the sales/service contracts that fulfill stipulations well; where overlaps occur, the provisions of the sales/service contracts take precedence over these Terms.
Headings. For ease of reference, the clauses herein include designated headings, but these headings bear no legal significance and may not accurately reflect their content's nature.

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