Please read these terms carefully before using the Insightoryx platform or any of our services.
These Terms of Service ("Terms") govern your access to and use of the Insightoryx website, platform, and all related services (collectively, the "Services") operated by Insightoryx, a company registered in Ontario, Canada, with its principal office at 130 King Street West, Toronto, ON M5X 1A9, Canada (Business ID: 014729803). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to any provision of these Terms, you must discontinue use of our Services immediately.
By accessing the Insightoryx website, creating an account, subscribing to any service plan, or otherwise using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated by reference into these Terms.
You represent and warrant that you are at least eighteen (18) years of age, or the age of legal majority in your province or territory of residence, whichever is greater. If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
If you are accessing our Services from outside of Canada, you are responsible for ensuring compliance with the laws of your jurisdiction. Your continued use of the Services following any updates to these Terms constitutes acceptance of those changes, provided adequate notice has been given as described in Section 13.
These Terms, together with the Privacy Policy, Refund Policy, and any applicable service agreement or order form, constitute the entire agreement between you and Insightoryx regarding your use of the Services.
Insightoryx provides AI-powered digital marketing analytics, business intelligence, and strategic consulting services designed for the Canadian market. Our Services include, but are not limited to, the following:
All Services are available in both English and French. The scope, features, and pricing of the Services may vary depending on the subscription tier selected. Insightoryx reserves the right to modify, update, enhance, or discontinue any feature of the Services at any time, provided that material changes will be communicated to active subscribers at least fourteen (14) days in advance.
The Services are provided for informational and analytical purposes. Insightoryx does not directly manage, execute, or place advertising campaigns on your behalf unless explicitly agreed upon in a separate written service agreement.
As a user of our Services, you agree to the following obligations and responsibilities:
Lawful Use: You will use the Services only for lawful purposes and in compliance with all applicable federal, provincial, and municipal laws and regulations in Canada, including the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada's Anti-Spam Legislation (CASL), and the Competition Act.
Account Security: You are responsible for maintaining the confidentiality of your login credentials. You agree to notify Insightoryx immediately of any unauthorized access to your account. You are liable for all activities that occur under your account.
Accurate Information: You agree to provide accurate, current, and complete information when creating an account, submitting forms, or interacting with our Services. You will promptly update your information if it changes.
Prohibited Conduct: You will not engage in any of the following activities: automated data scraping, crawling, or harvesting of our platform content; reverse engineering, decompiling, or disassembling any portion of the Services; impersonating another person or entity; transmitting malware, viruses, or harmful code; attempting to gain unauthorized access to our systems or other users' accounts; using the Services to send unsolicited communications; interfering with the proper functioning of the Services.
Data Responsibility: You are responsible for the accuracy and legality of the data you provide to or through the platform. You confirm that you have the right to share any data you connect to our system, including advertising account data and customer relationship management data.
Violation of any of these obligations may result in immediate suspension or termination of your account, as outlined in Section 12 of these Terms.
All content, materials, software, algorithms, machine learning models, data visualizations, reports, website design, graphics, text, trademarks, trade names, logos, and other intellectual property displayed on or generated by the Insightoryx platform are owned by or licensed to Insightoryx and are protected by Canadian and international copyright, trademark, patent, and other intellectual property laws.
Subject to your compliance with these Terms, Insightoryx grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes only. This license does not include the right to:
You retain ownership of the data you provide to the platform. By connecting your data sources, you grant Insightoryx a limited license to process and analyze that data solely for the purpose of delivering the Services to you. We do not claim ownership of your raw business data.
Insightoryx may use aggregated, anonymized, and de-identified data derived from the platform's usage to improve our machine learning models and Services. This aggregated data will never identify you or your business.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. To the fullest extent permitted by applicable law, Insightoryx disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Insightoryx does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, reliability, or timeliness of the analytics, insights, reports, or recommendations provided through the platform.
The insights and recommendations generated by our AI and machine learning models are based on the data available at the time of analysis. Market conditions, consumer behavior, and advertising platform policies can change rapidly. You acknowledge that the Services provide informational tools to support decision-making and are not a substitute for professional judgment.
Insightoryx does not guarantee any specific business outcomes, including but not limited to increased revenue, improved return on investment, higher conversion rates, or reduced advertising costs. Past performance metrics, benchmarks, or case studies referenced on our website do not guarantee future results.
To the maximum extent permitted by applicable Canadian law, Insightoryx, its directors, officers, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, data, business opportunities, or other intangible losses, arising out of or in connection with your use of, inability to use, or reliance on the Services, even if Insightoryx has been advised of the possibility of such damages.
In no event shall the total aggregate liability of Insightoryx for all claims arising out of or related to these Terms or the Services exceed the greater of: (a) the total amount you have paid to Insightoryx during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred Canadian dollars (CAD $100.00).
This limitation of liability applies regardless of the theory of liability, whether based on contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not Insightoryx has been informed of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law. Nothing in these Terms excludes or limits liability for fraud, gross negligence, or death or personal injury caused by our negligence.
You agree to indemnify, defend, and hold harmless Insightoryx, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:
Insightoryx reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. This obligation survives the termination of these Terms and your use of the Services.
The Services may contain links to third-party websites, services, or resources that are not owned or controlled by Insightoryx. These include, but are not limited to, advertising platforms (Google Ads, Meta Ads), analytics tools (Google Analytics), social media networks, and email marketing platforms.
Insightoryx has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. You acknowledge and agree that Insightoryx shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, goods, or services.
When you connect third-party accounts to the Insightoryx platform (such as your Google Ads or Meta Ads accounts), you do so subject to the terms and conditions of those third-party services. We encourage you to review the terms and privacy policies of every third-party service you access through our platform.
The inclusion of any link or integration does not imply endorsement, affiliation, or sponsorship by Insightoryx of the linked third-party or its products or services.
Your privacy matters to us. Our collection, use, and disclosure of personal information in connection with the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using the Services, you consent to the collection and use of your information as described in our Privacy Policy. The Privacy Policy explains what data we collect, how we use it, with whom we share it, how we protect it, and your rights regarding your personal information.
We comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. For users located in the European Economic Area or the United Kingdom, we also comply with the General Data Protection Regulation (GDPR) and UK GDPR as applicable.
If you have questions about how we handle your data, please contact us at [email protected] or review the full Privacy Policy.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Subject to the dispute resolution procedures outlined in Section 11, you agree that any legal action, claim, or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts of the Province of Ontario, located in the City of Toronto. You consent to the exclusive jurisdiction and venue of such courts and waive any objection based on inconvenient forum.
If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the matter through good faith informal negotiation. You agree to send a written notice describing the dispute to Insightoryx at the address or email provided in Section 14. Insightoryx will respond within fifteen (15) business days.
If the dispute cannot be resolved through informal negotiation within thirty (30) days from the date of the initial written notice, either party may initiate mediation administered by a recognized Canadian mediation body mutually agreed upon by both parties. The mediation shall take place in Toronto, Ontario, and shall be conducted in English or French, as agreed by the parties.
If mediation is unsuccessful, either party may submit the dispute to binding arbitration conducted under the rules of the ADR Institute of Canada, Inc. The arbitration shall be conducted by a single arbitrator in Toronto, Ontario. The decision of the arbitrator shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or data protection requirements.
Each party shall bear its own costs in mediation and arbitration. The arbitrator's fees and administrative costs shall be shared equally between the parties unless the arbitrator determines otherwise.
You may terminate your use of the Services at any time by contacting us at [email protected] and requesting account closure. Upon termination by you, your access to paid features will continue until the end of your current billing period, after which your account will be deactivated. Please refer to our Refund Policy for details about eligibility for refunds upon cancellation.
Insightoryx reserves the right to suspend or terminate your access to the Services, with or without notice, for the following reasons:
Upon termination, your right to access the Services ceases immediately. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution provisions.
Following account termination, you may request a copy of your data within thirty (30) days. After this period, your data may be deleted from our systems in accordance with our data retention schedule outlined in the Privacy Policy.
Insightoryx reserves the right to update, modify, or replace these Terms at any time. We will provide notice of material changes at least fourteen (14) days before they take effect. Notice may be delivered through one or more of the following methods:
The "Last Updated" date at the top of this page indicates when the most recent revisions were made. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services and contact us to close your account.
We encourage you to review these Terms periodically to stay informed about your rights and obligations. Archived versions of previous Terms are available upon request by contacting our team.
If you have any questions, concerns, or requests regarding these Terms of Service, you may contact Insightoryx through the following channels:
Insightoryx
Business ID: 014729803
130 King Street West
Toronto, ON M5X 1A9
Canada
These Terms, together with the Privacy Policy, Refund Policy, and any applicable service agreements or order forms, constitute the entire agreement between you and Insightoryx regarding the use of the Services. These Terms supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, with respect to the subject matter hereof.
The failure of Insightoryx to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Insightoryx.
You may not assign, transfer, or sublicense these Terms or any rights or obligations hereunder without the prior written consent of Insightoryx. Insightoryx may assign these Terms or any rights hereunder without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
Insightoryx shall not be liable for any delay or failure to perform its obligations under these Terms resulting from events beyond its reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, pandemic, power outages, internet disruptions, or failures of third-party service providers.
These Terms are available in both English and French. In the event of any discrepancy between the English and French versions, the English version shall prevail. The parties confirm that it is their wish that these Terms and all related documents be drawn up in English. Les parties confirment leur volonté que les présentes conditions et tous les documents connexes soient rédigés en anglais.
Insightoryx is committed to making its Services accessible to people with disabilities in accordance with the Accessibility for Ontarians with Disabilities Act (AODA) and applicable federal accessibility standards. If you encounter accessibility barriers when using our Services, please contact us so we can address your needs.
Thank you for taking the time to review our Terms of Service. These Terms are designed to protect both you and Insightoryx by establishing clear expectations for the use of our platform and services.
If you have any questions about these Terms or our Services, we encourage you to reach out to our team at [email protected] or call +1 (416) 351-8256. You may also review our Privacy Policy and Refund Policy for additional information.