INSIGHTS GAMING INC. TERMS OF USE 

Effective Date: February 13th, 2026

Last Updated: February 13th, 2026

1. ACCEPTANCE OF TERMS

Welcome to Insights Capture! These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Insights Gaming Inc. ("Insights," "we," "us," or "our") governing your access to and use of the Insights Capture desktop application and related services at insights.gg (collectively, the "Service").

By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all users of the Service, including free and paid subscribers.

2. DESCRIPTION OF SERVICE

Insights Capture is a desktop application and related online services that allow users to record, store, process, edit, and display gameplay footage from supported video games. The Service includes the following features:

- Recording: Capture gameplay footage, including video and audio
- Storage: Cloud storage of recorded gameplay footage via our third-party providers (Wasabi and Storj)
- Editing: Clipping, editing, and creating highlight reels
- Analytics: Automatic event detection (kills, deaths, assists), performance analytics, and automatic highlight generation
- Sharing: Share clips publicly or with teammates through team portals and public share links
- VOD Review: Review and analyze gameplay footage
- Social Features: Comments, likes, and team activity on shared clips
- Overlays: Keyboard and mouse input overlay that visually displays your keystrokes and mouse clicks on recordings, plus recording controls. 

The Service supports a wide variety of games, which are determined dynamically based on technical compatibility and game publisher policies. Supported games may be added or removed at any time without prior notice. For the current list of supported games, please visit: https://www.overwolf.com/supported-games/

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Age Requirement

The Service is intended for users who are at least 18 years old. We do not knowingly collect personal information from individuals under 18 years of age.

By downloading and using the Service, you represent and warrant that you are at least 18 years old. If you are under 18 years of age, you may not access or use the Service.

We reserve the right to request proof of age at any time. If we discover or have reason to believe that a user is under 18 years old, we may request age verification documentation, suspend account access until verification is provided, or terminate the account and delete all associated personal information if the user cannot verify they meet the minimum age requirement.

3.2 Geographic Availability

The Service is used internationally by users in approximately 205 countries. However, we reserve the right to limit availability of the Service in certain jurisdictions at our discretion.

3.3 Account Registration and Security

To access certain features of the Service, you must create an account. Account registration requires an email address, username, and authentication through one of our supported OAuth providers (Google or Discord).

You agree to:
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- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information to keep it accurate and complete
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized use of your account (contact information in Section 18)
- Accept responsibility for all activities that occur under your account
- Not share your account credentials, allow others to use your account, or transfer your account to another person without our prior written consent. 

Violation may result in the enforcement actions described in Section 7.3. 

3.4 Authentication and Security

We use third-party authentication providers (Google and Discord) to secure your account. Authentication and security practices, including token storage and encryption, are described in our Privacy Policy.

You can revoke our access at any time through your Google or Discord account settings. Revoking access may prevent you from logging into your Insights Capture account.

3.5 System Requirements

To use the Service, you must have:

- Windows 10 or Windows 11 operating system
- Compatible hardware profile, including sufficient CPU, GPU, and RAM
- Internet connection for uploading and accessing cloud features
- Sufficient local storage for temporary recording files

4. USER CONTENT AND OWNERSHIP

4.1 Types of User Content

Through the Service, you may create and upload user-generated gameplay footage, including long and short format videos, user-edited videos, and highlight reels. You may also optionally enable webcam video and microphone audio recording within your gameplay footage. If you share clips publicly or with teammates, you may also create comments, likes, and engage in team activity.

"User Content" means any and all content that you upload, record, create, transmit, or display through the Service, including:

- Gameplay video recordings
- Edited clips and highlight reels
- Webcam footage (if enabled)
- Audio recordings (game audio and microphone audio if enabled)
- Comments and interactions on shared content
- Profile information and user-generated text
- Any other materials you submit to the Service

4.2 Ownership of User Content

You retain all ownership rights in your User Content. However, by uploading User Content to the Service, you grant Insights Gaming certain licenses as described in Section 4.3 below.

4.3 License Grant from You to Insights Gaming

By uploading or creating User Content through the Service, you grant Insights Gaming a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and Insights Gaming's business, including for the following purposes:

(a) Core Service Delivery
To record, store, process, and display your gameplay footage in your secure library, and to enable app functionality including recording, clipping, editing, highlight creation, sharing, kill/death detection, and VOD review tools.

(b) Feature Improvements and Development
To operate and improve Insights Capture features, develop and enhance our automatic highlight-generation and analysis systems, and train machine-learning models as described in these Terms and our Privacy Policy.
Important: Shards Program requires your explicit opt-in consent. See Section 10 for details.

(c) Public Sharing (User-Controlled)
If you choose to share your User Content publicly or with teammates through team portals or public share links, you grant Insights Gaming the right to display, distribute, and make available that content to other users as you have directed.

(d) Service Promotion (Opt-In Only)
We may feature User Content in our promotional and marketing materials, including on social media, our website, advertisements, and other promotional content, only if you explicitly grant us permission.
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This promotional use is entirely opt-in. You can:

- Grant permission by checking the opt-in box when uploading content or in your account settings
- Withdraw permission at any time through your account settings

If you opt-in to promotional use, you grant Insights Gaming the right to publicly display, distribute, and feature your selected User Content across our marketing channels.

By opting in, you represent and warrant that:
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- You own or have all necessary rights to grant this permission
- Your User Content does not infringe any third-party rights
- You have verified that the game publisher permits promotional use of gameplay footage
- You have obtained any necessary consents from individuals appearing in your content (e.g., teammates whose voices or usernames appear)

You acknowledge that some game publishers may restrict commercial or promotional use of gameplay footage, and you are solely responsible for ensuring compliance with applicable game publisher policies.

4.4 Your Representations and Warranties

By uploading User Content to the Service, you represent and warrant that:

- You own or have the necessary rights, licenses, consents, and permissions to upload and share the User Content
- Your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, privacy rights, or other rights
- Your User Content complies with these Terms and all applicable laws
- You have exercised caution when recording and sharing gameplay footage and have avoided recording sensitive conversations or displaying personal information on screen
- You acknowledge that the game publisher owns the underlying game content, and you have verified that the publisher permits this type of use.

4.5 Content

We reserve the right, but have no obligation, to monitor, review, remove, or modify User Content at our sole discretion, including content that violates these Terms, is objectionable, or for any other reason.

Users can report problematic content by emailing info@insights.gg. We will review reports and take appropriate action, which may include removing content or suspending user accounts.

4.6 Backup

5. SUBSCRIPTION PLANS AND PAYMENT TERMS

5.1 Subscription Tiers

Insights Capture offers the following subscription plans:

(a) Free Plan
The free plan includes access to core Service features with certain limitations on storage, recording quality, and upload capacity. Users on the free plan will have advertising displayed using Aditude and Overwolf's ad-serving technology. Insights Capture does not share any personal data, gameplay data, or user recordings with advertising partners. Ad delivery is based on contextual information collected directly by Aditude or Overwolf from the user's device at the time the ad is shown.

(b) Elite Plan
The Elite plan is a paid subscription offering enhanced features, including increased storage capacity, higher recording quality, additional functionality, and ad-free experience. Users on the Elite plan will not have advertising-related processing.

(c) Additional Plans
We may offer additional subscription tiers (such as Pro, Team, or Enterprise plans) with different features, limitations, and pricing.

For current subscription plan details, including specific features, limitations, storage capacities, recording quality specifications, and pricing, please visit insights.gg/pricing or view the plan comparison within the Service. We may modify plan features, limitations, and pricing as described in Section 5.5 below.

5.2 Payment and Billing

Subscription and billing data is handled securely through Stripe, our payment processor. We do not store full payment card details.

Billing Cycles: We offer monthly and annual subscription billing cycles.
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Payment Methods: We accept credit cards, debit cards, and prepaid cards.
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Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. We will send you a reminder email at least seven (7) days before your subscription renews.
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Promotional Pricing: We may offer promotional pricing, discounts, or trial periods from time to time (such as seasonal discounts on annual plans). Specific terms and conditions for any promotional offers will be displayed at the time of purchase or enrollment.

By subscribing to a paid plan, you agree that:
- Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date
- You authorize Insights Gaming and its payment processor (Stripe) to charge your payment method on a recurring basis
- You are responsible for all charges incurred under your account
- All fees are non-refundable except as expressly stated in Section 5.4

5.3 Cancellation

You may cancel your paid subscription at any time through your account settings or by contacting us (Section 18).

When Cancellation Takes Effect: If you cancel your subscription, the cancellation will take effect at the end of your current billing period. You will retain access to paid features until the end of the period you have already paid for. No refunds will be provided for the remaining time in your current billing period.

Downgrade from Elite to Free: If you cancel your Elite subscription or if your payment fails and you are downgraded to the Free plan:
- Your existing videos will not be deleted, even if they exceed Free plan storage limits
- You will be unable to upload new content if your existing storage usage exceeds the Free plan storage limit
- Advertisements will be displayed in the Insights Capture app
- You will lose access to Elite-only features (higher recording quality, additional functionality, etc.)

Payment Failure: If your subscription payment fails, we will attempt to process the payment up to four (4) times over approximately one (1) week. If payment still cannot be processed after these retry attempts, your account will be automatically downgraded to the Free plan and the consequences described above will apply.

To avoid service interruption, please ensure your payment information is current and that your payment method has sufficient funds available

5.4 Refunds

General Policy: All subscription fees are non-refundable. We do not provide refunds or credits for partial subscription periods, unused features, or early cancellation.

Exception for Technical Issues: We may provide refunds on a case-by-case basis if you experience technical issues that prevent you from using the core functionality of the Service, and we are unable to resolve the issue within a reasonable timeframe.

To request a refund for technical issues, you must:
- Contact our support team at info@insights.gg immediately, providing a detailed description of the technical issue
- Allow us a reasonable opportunity to investigate and attempt to resolve the issue
- Cooperate with our troubleshooting efforts

Refund requests will be evaluated at our sole discretion. Technical issues caused by your hardware, internet connection, software conflicts, or failure to meet system requirements (Section 3.5) do not qualify for refunds.

No Refunds for Violations: If your account is terminated for violation of these Terms, you will not be eligible for any refund of subscription fees.

Refund Processing: Approved refunds will be processed within 30 business days and issued to the original payment method.

5.5 Changes to Pricing or Plans

We may modify our subscription plans, pricing, and features at any time.

Price Changes: We reserve the right to change subscription pricing at any time. We will provide at least fourteen (14) days advance notice of price changes by email and in-app notification. Updated pricing will be displayed at insights.gg/pricing and within the Service.

Grandfathering for Existing Subscribers: If we increase subscription prices, existing subscribers will retain their current pricing for the duration of their active subscription. Price increases will only apply:
- To new subscribers after the price change takes effect
- To existing subscribers who cancel and later resubscribe
- To existing subscribers at the time of their next renewal after a subscription lapse

Plan Modifications: We may modify subscription plan features, storage limits, recording quality specifications, or other plan benefits at any time. Changes to plan features will be reflected at insights.gg/pricing and within the Service.

If you do not agree to pricing or plan changes, you may cancel your subscription as described in Section 5.3. Continued use of the Service after such changes constitutes acceptance of the new pricing or plan terms.

6. SHARDS REWARDS PROGRAM

6.1 Program Overview

The Shards rewards program allows users to earn points ("Shards") by participating in our Shards Program described in Section 10. Shards can be redeemed for digital gift cards. Participation is entirely voluntary.

6.2 Earning Shards

You can earn Shards by:

- Opting into our Shards Program and uploading eligible gameplay footage that meets our quality and content requirements
- Additional earning opportunities as announced within the Service from time to time

Current earning rates, video requirements, and eligible activities are available within the Service. We may modify earning rates at any time with notice posted in the Service.

6.3 Redeeming Shards

Shards can be redeemed for digital gift cards from participating retailers applicable to your region. Current redemption options, conversion rates, and minimum redemption amounts are available within the Service.

Gift cards are typically delivered within 7-14 business days after redemption. Delivery times may vary based on region and retailer.

6.4 Important Limitations

Content you upload for in exchange for Shards is immediately and irreversibly de-identified. See Section 10 and our Privacy Policy for details about de-identification and data retention.

6.5 Shards Terms and Conditions

By participating in the Shards Program, you agree that:

(a) No Cash Value: Shards have no cash value and cannot be redeemed for cash or transferred to another account
(b) Non-Transferable: Shards may not be sold, traded, gifted, or transferred to another user
(c) Expiration: Shards expire 12 months after the date they are earned if not redeemed
(d) Account Termination and Forfeiture: 
- If your account is terminated for violation of these Terms, all unredeemed Shards will be immediately forfeited
- If you voluntarily delete your account, you will have 30 days to redeem any remaining Shards before forfeiture
- Shards earned through fraudulent or abusive activity may be reclaimed at any time
(e) Program Modifications: We may modify earning rates, redemption options, terms, or geographic availability at any time with 30 days' notice posted within the Service.
(f) Program Termination: We may suspend or terminate the Shards Program entirely with 30 days' notice. In the event of termination, you will have the notice period to redeem accrued Shards.
(g) Anti-Fraud: We may suspend or terminate your participation if we suspect fraud, abuse, manipulation of the program, or violation of these Terms. We reserve the right to investigate suspicious activity and reclaim improperly awarded Shards.
(h) Geographic Restrictions: The Shards Program may not be available in all countries. Redemption options vary by region.
(i) Tax Responsibility: You are solely responsible for any tax obligations arising from earning or redeeming Shards. We recommend consulting with a tax advisor regarding potential tax implications.
(j) No Guarantees: We do not guarantee availability of specific gift cards, redemption options, or retailers. Redemption options may change based on third-party partnerships.

7. ACCEPTABLE USE POLICY

7.1 Prohibited Content and Conduct

You agree to use the Service in compliance with all applicable laws and regulations and in accordance with these Terms. You agree NOT to upload, create, share, or engage in:

(a)  Illegal or Harmful Content
- Content that violates any applicable law or regulation, including content related to child exploitation, terrorism, illegal drugs, weapons trafficking, or other criminal activity
- Content that infringes intellectual property rights, privacy rights, or other third-party rights
- Malware, viruses, or other harmful code
- Content that constitutes hate speech, harassment, threats, bullying, or incites violence against any individual or group based on protected characteristics
- Sexually explicit, pornographic content, or nudity (beyond what appears in age-rated games)
- Content demonstrating, promoting, or distributing cheating tools, hacks, exploits, or violating game publishers' terms of use
- Spam, deceptive, fraudulent content, or impersonation of others
- Content containing sensitive personal information (full names, addresses, financial information) or personal information of others without consent
- Content unrelated to gaming or uploaded to exploit storage capacity

(b) Service Abuse
- Creating false or fraudulent accounts
- Using automated systems (bots, scripts, scrapers) to access the Service without authorization
- Manipulating the Shards Program or any other reward/incentive system
- Attempting to gain unauthorized access to the Service, other user accounts, or our computer systems
- Interfering with, disrupting, or creating an undue burden on the Service or its networks
- Circumventing or disabling any security features or technological protection measures
- Using the Service for unauthorized commercial purposes (beyond permitted use)
- Uploading content unrelated to gameplay for the purpose of exploiting free storage

(c) Software License Violations
‍- Copying, modifying, adapting, translating, or creating derivative works of the Service or Software
- Reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Software
- Removing, altering, or obscuring any proprietary notices (including copyright and trademark notices)
- Renting, leasing, lending, selling, sublicensing, assigning, distributing, or transferring your license or the Software

(d) Abuse of Other Users
- Engaging in harassment campaigns or coordinated attacks against other users
- Attempting to scam, phish, or defraud other users
-Stalking or collecting personal information about other users
- Interfering with other users' enjoyment of the Service

Report violations to the contact information in Section 18.

7.2 User Responsibilities

You represent and warrant that your use of the Service complies with all applicable laws and these Terms. You acknowledge that:

- You have exercised caution when recording and sharing gameplay footage
- You have avoided recording sensitive conversations or displaying personal information on screen
- The game publisher owns the underlying game content, and you have verified that the publisher permits this type of use
- You are responsible for ensuring you have the right to record and share gameplay from any particular game

7.3 Consequences of Violations

If you violate these Terms, we may, in our sole discretion:

- Issue a warning
- Temporarily suspend your account
- Permanently terminate your account
- Remove or disable access to violating content
- Refuse to provide the Service to you in the future
- Take legal action, including referral to law enforcement
- Forfeit any Shards or rewards in your account (as specified in Section 6.5)

We reserve the right to investigate violations and cooperate with law enforcement authorities in prosecuting users who violate the law.

8. THIRD-PARTY SERVICES, INTEGRATIONS, AND LINKS

8.1 Third-Party Service Providers

The Service integrates with and relies upon third-party service providers, including: Wasabi and Storj for cloud storage, Aditude and Overwolf for advertising technology, Mixpanel for analytics, Cloudflare, Google Cloud Platform, and bunny.net for infrastructure services, Stripe for payment processing, and Mailgun for email services.

The Service also integrates with third-party authentication providers (Google and Discord) to enable account creation and login.

8.2 Third-Party Terms and External Links

Your use of these third-party services may be subject to their own separate terms of use and privacy policies. You agree to comply with any applicable third-party terms.

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Insights Gaming Inc., including social media platforms (Discord, Twitter, YouTube, Twitch), game publisher websites, partner services and integrations, and advertisement destinations (for free plan users).

8.3 No Responsibility for Third Parties

We are not responsible for the privacy practices, content, security, or availability of any third-party websites, services, or applications.

These third parties have their own privacy policies and terms of use that govern their collection and use of your information. We encourage you to review the privacy policies of any third-party websites or services you visit or interact with. We do not endorse, guarantee, or assume responsibility for any third-party services, products, or content, and you access them at your own risk.

This includes third-party advertisements displayed on the Service (for free plan users) and user-generated content uploaded by other users.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Ownership of the Service

The Service, including the Insights Capture software, insights.gg website, and all related technology, software, features, functionality, designs, graphics, user interfaces, logos, trademarks, and other content provided by Insights Gaming (excluding User Content) are owned by Insights Gaming Inc. or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 License Grant to You

Subject to your compliance with these Terms, Insights Gaming grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

- Download, install, and use the Insights Capture desktop application on devices you own or control
- Access and use the Service for your personal, non-commercial use
- Commercial Use Permitted: You may use the Service for commercial purposes (including as a professional esports player, content creator who monetizes content on YouTube/Twitch, coaching services, or other business purposes) provided you comply with these Terms and applicable game publisher policies.

9.3 License Restrictions

The restrictions described in Section 7.1(c) apply to your use of the Service and Software.

9.4 Trademarks

"Insights Capture," "Insights Gaming," the Insights Gaming logo, and other Insights Gaming marks, logos, and service names are trademarks of Insights Gaming Inc. You may not use these trademarks without our prior written permission.

9.5 Feedback

If you provide us with any feedback, suggestions, ideas, or other input regarding the Service ("Feedback"), you grant us an unlimited, irrevocable, perpetual, royalty-free license to use, modify, and incorporate such Feedback into our Service without any obligation to you.

9.6 Copyright Infringement and DMCA

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been uploaded to the Service in a way that constitutes copyright infringement, please provide our designated DMCA agent with the following information:

- A physical or electronic signature of the copyright owner or authorized representative
- Identification of the copyrighted work claimed to have been infringed
- Identification of the allegedly infringing material and information reasonably sufficient to locate the material
- Your contact information (address, telephone number, email address)
- A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
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Designated DMCA Agent:Please send DMCA notices to our designated agent:Name: Jim Ko
Address: 801-838 West Hastings St., Vancouver, BC, Canada, V6C 0A6
Phone: 778 903 3361
Email: legal@insights.gg

Repeat Infringer Policy: We will terminate the accounts of users who are repeat copyright infringers in appropriate circumstances.

Counter-Notification: If you believe that material you uploaded was wrongly removed due to a DMCA notice, you may submit a counter-notification to our DMCA agent with the required information under the DMCA.

9.7 Game Content and Publisher Rights

Your gameplay recordings may include copyrighted content owned by game publishers, including game graphics, characters, music, sound effects, trademarks, and other intellectual property.

You are solely responsible for ensuring that you have the right to record and share gameplay from any particular game. Some game publishers prohibit or restrict recording and sharing of gameplay footage. You agree to comply with all applicable game publisher terms of use and intellectual property policies.

Insights Gaming is not responsible for any claims by game publishers or other third parties arising from your recording or sharing of gameplay footage.

10. SHARDS PROGRAM AND DATA SHARING

We offer a voluntary Shards Program where users can opt-in to share de-identified gameplay data with research partners to advance technology and improve our Service. Participants may earn Shards as described in Section 6.

Participation is entirely voluntary and requires your explicit opt-in consent. By opting-in, you agree to the data collection, sharing, de-identification, and retention practices described in our Privacy Policy, including:
- Sharing of de-identified gameplay data with research partners
- De-identification of uploaded content
- Indefinite retention of de-identified training datasets 
- Inability to retrieve, delete, or link de-identified data back to your account after upload

Important: Once you upload content for the Shards Program, it is immediately de-identified and cannot be deleted. Opting out stops future uploads but does not affect previously uploaded content, which has been de-identified and incorporated into training datasets.

For complete details about what data is collected, how it is de-identified, who it is shared with, and your rights, please review the Shards Program section of our Privacy Policy, which is incorporated by reference into these Terms.

You may opt-out of the Shards Program at any time through your privacy settings or by contacting us (Section 18).

11. DISCLAIMERS AND WARRANTIES

11.1 "AS IS" and "AS AVAILABLE" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INSIGHTS GAMING INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH THE SERVICE
- WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED

11.2 No Guarantee of Specific Features or Results

We do not guarantee that:
- The Service will meet your specific requirements or expectations
- The Service will be available at all times or in all geographic locations
- AI-powered features (automatic highlight generation, event detection, performance analytics) will be accurate, complete, or reliable
- Your recordings will be of any particular quality
- Any particular games will be supported or continue to be supported

11.3 Security and Recording Limitations

While we strive to protect your personal information, no method of transmission over the internet or electronic storage is 100% secure. We cannot guarantee absolute security of data transmitted to or stored on the Service.

We are not responsible for:
- Recording failures due to hardware incompatibility, driver issues, game updates, or other technical problems
- Loss of recordings due to local storage failures, user error, or system crashes
- Quality issues with recordings (frame rate drops, audio desync, missing audio, etc.)
- Incompatibility with specific games or game updates
- Conflicts with anti-cheat software or game publishers' policies

YOU ARE SOLELY RESPONSIBLE FOR BACKING UP ANY RECORDINGS OR CONTENT THAT IS IMPORTANT TO YOU.

11.4 User Content and Third-Party Disclaimer

We do not endorse, guarantee, or assume responsibility for any User Content. You access and rely on User Content at your own risk.

11.5 Beta Features and AI Disclaimer

Certain features of the Service may be designated as "beta," "experimental," or "early access." These features are provided for testing and feedback purposes and may contain bugs, errors, or incomplete functionality. Beta features may be modified or discontinued at any time without notice.

AI-powered features, including automatic highlight detection, event recognition, and performance analytics, are experimental and may not be accurate or reliable. These features use machine learning models that may produce incorrect, incomplete, or unexpected results. You should not rely solely on AI-generated outputs for important decisions.

11.6 Jurisdiction-Specific Provisions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of incidental or consequential damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights.

12. LIMITATION OF LIABILITY

12.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INSIGHTS GAMING INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY:

- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
- DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE
- DAMAGES RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN
- DAMAGES RESULTING FROM ANY INTERRUPTION OR CESSATION OF THE SERVICE
- DAMAGES RESULTING FROM ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE SERVICE
- DAMAGES RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
- DAMAGES RESULTING FROM PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICE
- DAMAGES RESULTING FROM ANY USER CONTENT OR CONDUCT OF THIRD PARTIES ON THE SERVICE

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INSIGHTS GAMING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF INSIGHTS GAMING INC. AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SERVICE PROVIDERS FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100 USD), OR (B) THE TOTAL AMOUNT YOU PAID TO INSIGHTS GAMING FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM

12.3 Exceptions

The limitations in this Section 12 do not apply to:

- Liability that cannot be excluded or limited by law
- Liability for death or personal injury caused by our gross negligence or willful misconduct
- Liability for fraud or fraudulent misrepresentation
- Any other liability that cannot be excluded or limited under applicable law

12.4 Basis of the Bargain

You acknowledge and agree that the disclaimers, exclusions, and limitations in Sections 11 and 12 are essential elements of the agreement between you and Insights Gaming, and that the Service would not be provided to you without these limitations.

13. INDEMNIFICATION

13.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Insights Gaming Inc., its affiliates, subsidiaries, officers, directors, employees, agents, partners, licensors, and service providers (collectively, the "Insights Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or relating to:

- Your use or misuse of the Service
- Your User Content, including any claims that your User Content infringes, violates, or misappropriates any third-party intellectual property rights or privacy rights
- Your violation of these Terms
- Your violation of any applicable laws or regulations
- Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights
- Your negligence or willful misconduct

13.2 Defense and Settlement

Insights Gaming reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with Insights Gaming in asserting any available defenses. You may not settle any claim without Insights Gaming's prior written consent.

You agree to promptly notify Insights Gaming of any third-party claims subject to indemnification.

14. DISPUTE RESOLUTION

14.1 Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles.

14.2 Informal Dispute Resolution

Before filing any formal legal action, you agree to first contact us (Section 18) to attempt to resolve any dispute, claim, or controversy informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days after submission, you or Insights Gaming may bring a formal proceeding.

14.3 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts located in Vancouver, British Columbia, Canada, and you irrevocably consent to the personal jurisdiction and venue of such courts.

14.4 Time Limitation on Claims

You agree that any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred, regardless of any statute or law to the contrary.

15. CHANGES TO THESE TERMS

15.1 Right to Modify

We may update, modify, or replace these Terms from time to time at our sole discretion. We will make reasonable efforts to notify you of any material changes.

15.2 Notice and Acceptance of Changes

We will notify you of material changes to these Terms by:

- Posting the updated Terms on the Service and updating the "Last Updated" date at the top of these Terms
- Sending an email notification to the email address associated with your account at least thirty (30) days before the changes take effect
- Displaying an in-app notification when you next launch Insights Capture

Your continued use of the Service after the effective date of any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may delete your account as described in Section 16.2.

We may make non-material changes to these Terms (such as corrections of typos, clarifications, or formatting changes) without advance notice. Such changes will be effective immediately upon posting.

16. TERMINATION

16.1 Termination by Insights Gaming

We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including but not limited to:

- Violation of these Terms or our Privacy Policy
- Fraudulent, abusive, or illegal activity
- Extended inactivity (if you do not log in to your account for 24 consecutive months, your account is considered inactive and we reserve the right to delete your uploaded videos to manage server capacity)
- Requests by law enforcement or government agencies
- Unexpected technical issues or security concerns
- Discontinuation or material modification of the Service
- Any other reason at our sole discretion

We will make reasonable efforts to provide you with notice before termination, except in cases involving violations of law, violations of these Terms, security concerns, or where notice is prohibited by law.

16.2 Termination by You

You may terminate your account at any time through your profile settings or by contacting us (Section 18). Account deletion can be done in the profile settings.

Upon termination by you, your subscription (if any) will be cancelled. Please see Section 5.4 regarding refunds.

Grace Period for Data Download: If you voluntarily terminate your account, you will have thirty (30) days from the date of termination request to download your content before it is permanently deleted. During this grace period, you will not be able to upload new content or use Service features, but you will retain read-only access to download your existing videos.

Subscription Cancellation: Upon termination by you, your subscription (if any) will be cancelled. No refunds will be provided for unused subscription time. See Section 5.4 regarding our refund policy.

Downgrade vs. Termination: If you downgrade your subscription to a lower-tier plan rather than terminating your account entirely, you may receive pro-rated credits applied to your new subscription tier. Downgrades are processed through your account settings.

16.3 Effect of Termination

Upon termination of your account (whether by you or by us):

- Your right to access and use the Service will immediately cease
- Your personal data and video content will be deleted as described in our Privacy Policy, including any videos you have shared with teammates through team portals or via public share links
- You will lose access to any User Content stored on the Service
- Shards Program will be forfeited as specified in Section 6.5

Important Limitations:
- Content previously uploaded through the Shards Program will be retained in training datasets and cannot be deleted, as it has been de-identified and is no longer linked to your account. Your regular gameplay videos stored on Wasabi for personal use will be deleted as described in our Privacy Policy.
- Payment records are retained indefinitely for accounting, tax compliance, and legal purposes.
- We may retain certain information as required by law or for legitimate business purposes. For complete details about data deletion and retention, see our Privacy Policy.

16.4 Survival

The following provisions shall survive termination of these Terms or your account: Sections 4.3 (License Grant from You to Insights Gaming), 9 (Intellectual Property Rights), 11 (Disclaimers and Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), 16.3 (Effect of Termination), 16.4 (Survival), and 17 (General Provisions).

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements incorporated by reference, constitute the entire agreement between you and Insights Gaming Inc. regarding the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.

17.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. Any attempted assignment, transfer, or delegation without such consent shall be null and void.

We may assign, transfer, or delegate these Terms and our rights and obligations hereunder, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

17.5 Force Majeure

Insights Gaming shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms, except as expressly stated herein.

17.7 Relationship of the Parties

You and Insights Gaming are independent contractors. These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Insights Gaming.

17.8 Notices

To You: We may provide notices to you via email to the email address associated with your account, by posting on the Service, or through in-app notifications. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

To Us: See Section 18 for contact information. Notices to us must be sent by certified mail or email and shall be deemed effective upon receipt.

17.9 Language

These Terms have been prepared in the English language. If these Terms are translated into any other language, the English version shall govern and prevail in the event of any inconsistency or conflict.

The section headings in these Terms are for convenience only and have no legal or contractual effect.

17.10 Interpretation

The section headings in these Terms are for convenience only and have no legal or contractual effect.

As used in these Terms, "including" means "including but not limited to." The words "herein," "hereof," and "hereunder" refer to these Terms as a whole.

17.11 Electronic Signatures

You acknowledge and agree that by clicking "I Accept," "I Agree," or a similar button or checkbox, by creating an account, or by using the Service, you are electronically signing these Terms and agree to be bound by them.

17.12 Accessibility

We are committed to making the Service accessible to all users. The Insights Capture application includes accessibility features such as automatic font color adjustment to ensure proper contrast for readability.

While we do not maintain formal WCAG certification, we continuously work to improve the accessibility of our Service.

If you require accessibility accommodations or wish to report accessibility issues, please contact us:
- Use the support button on our website or within the Insights Capture app
- Email us at info@insights.gg

We will make reasonable efforts to address accessibility concerns and provide accommodations where feasible.

18. CONTACT INFORMATION

16.1 Termination by Insights Gaming

If you have any questions about these Terms of Use, please contact us:

Insights Gaming Inc.
Legal
Email: legal@insights.gg
Address: 801-838 W Hastings St., Vancouver, B.C., Canada, V6C 0A6

For customer support inquiries, please visit https://insights.gg/contact-us or contact info@insights.gg.