Insta360 Studio User Service Agreement
Version 3.0
Version Effective Date: January 2, 2025
Welcome to use Insta360 Studio service!
To provide better services for you, before you start to install and use Insta360 Studio software, please read carefully and fully understand the terms of the Insta360 Studio User Service Agreement (hereinafter referred to as the "Agreement"), especially the terms of exemption or limitation of liability, applicable law, and dispute resolution. Terms of exemption or limitation of liability and other terms involving your vital rights and interests may be in uppercase or underlined to remind you to pay attention. If you have any questions about this Agreement, please consult Insta360 Studio customer service at service@insta360.com.
YOU CONFIRM THAT YOU SHALL BE A NATURAL PERSON, LEGAL PERSON OR OTHER ORGANIZATION WITH FULL CAPACITY FOR CIVIL RIGHTS AND FULL CAPACITY FOR CIVIL CONDUCT WHEN YOU START TO DOWNLOAD, INSTALL AND ACTUALLY USE OUR PLATFORM SERVICE. IF YOU FAIL TO POSSESS THE AFORESAID QUALIFICATION, YOU AND YOUR GUARDIAN SHALL BEAR ALL THE CONSEQUENCES ARISING THEREFROM IN ACCORDANCE WITH LAWS AND REGULATIONS.
PLEASE DO NOT INSTALL AND USE THE INSTA360 STUDIO SOFTWARE (HEREINAFTER REFERRED TO AS THE “SOFTWARE”) UNLESS YOU HAVE FULLY READ, FULLY UNDERSTOOD AND ACCEPTED ALL OF THE TERMS OF THIS AGREEMENT. WHEN YOU DOWNLOAD AND COMPLETE THE INSTALLATION OF THE SOFTWARE PROGRAM, IT MEANS THAT YOU HAVE FULLY READ, UNDERSTOOD AND ACCEPTED THE ENTIRE CONTENT OF THIS AGREEMENT, AND AGREE TO BE BOUND BY THIS AGREEMENT AND OTHER AGREEMENTS AND RULES RELATED TO THE INSTA360 PLATFORM SERVICES (INCLUDING BUT NOT LIMITED TO THE “INSTA360 STUDIO PRIVACY POLICY”) AS A PARTY TO THIS AGREEMENT, BECOMING A USER OF INSTA360.
If you have been a user of the Insta360 Studio Software prior to the effective date of this Agreement, by accessing and/or using our Software, you are deemed to fully read, understand and accept this Agreement in its entirely, otherwise, please do not use our services.
Insta360 reserves the right, at its sole discretion, to arrange or designate its affiliates, controlled companies, successor companies or third-party companies approved by Insta360 to provide the services to you as required by Insta360. You acknowledge and agree that by receiving the services, you accept that the rights and obligations of such parties are also governed by this Agreement.
The headings of each term are intended to assist you in understanding the subject matter of the terms and do not affect or limit the meaning or interpretation of the terms of this Agreement. In order to protect your rights and interests, you are advised to read the specific expressions of each term carefully.
Anything not provided in this Agreement shall be governed by the “Insta360 User Service Agreement”; for any conflict between this Agreement and the “Insta360 User Service Agreement”, the content of this Agreement shall prevail.
1. DEFINITION
1.1 Platform Operator/We/Insta360: each legal entity that individually or collectively refers to the operation of the Platform, including Insta360 and its affiliates(such as Istone Innovation Limited and Shenzhen Qianhai Arashi Innovation Technology Co., Ltd).
1.2 Platform/ Software: refers to the Insta360 Studio Software.
1.3 Platform Services: services we provided to you based on the Internet in various forms including the Platform (including new forms of services emerging from future technological development), as detailed in Section 3.
1.4 Platform Rules: all rules, interpretations, announcements, etc. that have been released and subsequently released on all our Platforms, as well as various rules, implementation rules, product descriptions, announcements, etc. issued by the Platform in channels, activity pages, help center, etc.
2. SCOPE OF AGREEMENT
2.1 Contracting parties
This Agreement shall be concluded jointly by you and our Platform Operator and shall be legally binding on both you and our Platform Operator. Under this Agreement, our Platform Operator may be changed according to the business adjustment of the Platform, and the changed Platform Operator will comply with this Agreement and provide services to you, and your rights and interests under this Agreement will not be affected by the change.
2.2 Supplementary Agreement
Due to the rapid development of the Internet industry, the terms and conditions set forth in this Agreement concluded by you and us cannot fully enumerate and cover all rights and obligations of you and us, and the existing agreements cannot guarantee full compliance with the needs of future development. Therefore, the relevant statements, policies, rules and agreements released on the Platform are all supplementary to this Agreement, which are inseparable from this Agreement and have the same legal effect. If you use our Platform Services, you are deemed to agree to the aforesaid supplementary agreements.
The Platform system may be upgraded occasionally, and various new features may be added, including but not limited to the user registration feature etc. Your continued use of our Platform Services is deemed to be your knowledge of our Platform system upgrades and changes and your agreement to abide by the latest rules of our Platform.
3. OUR PLATFORM SERVICE USAGE SPECIFICATION
3.1 Our Platform provides you with services including but not limited to the following: Connecting to and managing the content of our Link series of camera products (including but not limited to controlling shooting, recording, adjustment parameters, etc.) produced by us, as well as other technologies and/or services provided by our Platforms (hereinafter referred to as "Other technologies and services").
3.2 Our Platform Services are limited to your use on the Platform, and any service obtained by separating the Platform Services from the Platform by malicious cracking or other illegal means is not part of our Platform Services as agreed in this Agreement. The perpetrator shall be responsible for all legal consequences arising therefrom, and we will pursue the legal responsibility of the perpetrator in accordance with the law.
3.3 Information security specification: Insta360 Studio software requires no registration for use. It is recommended that you install and use the software on a safe and trusted device and in a network environment. If the user's information is stolen by others not due to our platform, We shall not be liable. If you find that your personal information has been leaked, please contact our platform immediately.
3.4 The only legal way to download, install and use our Platform Services is the way officially announced on our official website (www.insta360.com) , any other channels, means and ways you obtain our Platform Services is illegal, we do not recognize its validity, and any adverse consequences resulting from this shall be borne by you. We have the right to announce to you (including but not limited to pop-up pages, website announcements, in-site messages, etc.) about the modification, replacement and upgrade of any software and firmware related to our Platform Services. If you do not agree with or accept the modification, replacement or upgrade of the software and firmware related to our Platform Services, please directly refuse to upgrade the relevant upgrade services and stop using our Platform Services, otherwise you are deemed to agree and accept the modification, replacement or upgrade of the software and firmware related to our Platform, and such agreement and acceptance are still subject to this Agreement.
3.5 You understand and agree that you acknowledge that you shall have no ownership of the use records, downloads and other derivatives obtained by using our platform services (unless otherwise specified in announcement on our platform). We allow you to use them in accordance with our platform rules and shall not be liable for any compensation for the above-mentioned derivatives. You agree and guarantee that you will not use our platform services or their derivatives for illegal profit-making by reselling, reselling, replacing, and mortgaging valuable transactions. You will not use our platform services or their derivatives to infringe upon the legitimate rights and interests of others.
4. INTELLECTUAL PROPERTY RIGHTS STATEMENT
4.1 The intellectual property rights of the content (including but not limited to software, technology, programs, web pages, text, pictures, images, audio, video, graphics, layout, electronic documents, etc.) provided by us in our Platform Services belong to us. The copyrights, patents and other intellectual property rights of the software on which we provide our Platform Services are owned by us. No one may use (including but not limited to monitoring, copying, transmitting, displaying, mirroring, uploading, downloading through any robot, "spider" or other program or device) the content of our Platform Services without our permission.
4.2 We provide technical support for the development and operation of our Platform Services and have all rights to all data and information generated in the course of the development and operation of our Platform Services to the extent permitted by laws and regulations.
4.3 Please do not use any of our trademarks, service marks, trade names, domain names, website names or other distinctive brand features under any circumstances, including but not limited to "Insta360" or/and “影石”(hereinafter collectively referred to as "Marks"). You may not display, use, or apply for registration of a trademark, domain name, etc., in any manner, either alone or in combination with the Marks described herein, nor may you do anything that expressly or impliedly entitles you to display, use, or otherwise deal with such Marks without our prior written consent. If you use our trademarks or logos in violation of this Agreement in a manner that causes damage to us or others, you shall bear full legal responsibility.
4.4 You represent and warrant that your use of Our Platform complies and will comply with the provisions of applicable laws and regulations. In any case, once we reasonably believe that your behavior may violate the above-mentioned laws and regulations, we may take the relevant default handling measures in section 8 at any time and without prior notice.
4.5 Without the written consent of us or relevant right holder, you may not implement, utilize, or transfer the aforementioned intellectual property rights for any commercial or non-commercial purpose on your own or authorize any third party to do so.When you use any functions or services provided by our Platform, you promise and warrant that any videos, music, images, materials, and other content information downloaded or used through this function/service are for your personal non-commercial use only. Without our prior written permission, you may not use these videos, music, images, materials, and other content for any commercial purpose or any profit-making activities, and may only disseminate them in the non-commercial information network for social purposes within the scope permitted by laws and regulations. Otherwise, you shall be responsible for all the consequences and losses.
5. USER PROHIBITED ACTIONS
5.1 Using our Platform Services through the Insta360 Studio Software for any commercial purpose or for the benefit of any third party without our express permission.
5.2 Using or exploiting our intellectual property (including our trademarks, brands, logos, any other proprietary data or the layout or design of any web page) or otherwise infringe any of our intellectual property (including attempting to reverse engineer our Platform client or the software used).
5.3 license, sell, lease, lend, transfer, distribute, host, outsource, divulge or otherwise commercially exploit Our Platform, or make Our Software available to any third party; remove or modify any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in Our Software;
5.4 Accessing our Platform Services, collecting or processing content available through our Platform Services through the use of any automated programs, software, engines, web crawlers, web analytics tools, data mining tools or similar tools.
5.5 Engaging in any "framing", "mirroring" or other techniques designed to mimic the appearance and features of our Platform Services；Interfering or attempting to interfere with any user's or any other party's access to our Platform Services.
5.6 Intentionally distributing viruses, network worms, Trojan horses, corrupted files or other malicious code or items.
5.7 Probing or testing our Platform Services, systems or other users' systems for vulnerability to intrusion attacks or otherwise circumvent (or attempt to circumvent) any security features of our Platform Services, systems or other users' systems.
5.8 To decompile or reverse engineer software used by our Platform Services, or attempt to do any of the foregoing.
5.9 Intentionally or unintentionally violating any relevant Chinese laws, regulations, rules and other norms with legal effect.
6. UPDATING, INTERRUPTION OR TERMINATION OF SERVICE
6.1 We may from time to time provide bug fixes, updates, upgrades and other modifications to Our Software (collectively, "Updates"). Before updating Our Platform, we will ask for your consent to do so after you have manually downloaded and installed the update. If you do not want the Updates, it will not affect your normal use of Our Platform.
6.2 You understand and agree that the Platform Services provided by us on our Platform are provided in accordance with the current state of technology and conditions. We will do our best to provide the Platform Services to you and to ensure the continuity and security of our Platform Services. You understand that we cannot at any time or at all times an ticipate and protect against legal, technical and other risks, including but not limited to force majeure, network causes, defects in third-party services, third-party websites, etc., that may result in interruption of service, failure to use our Platform Services properly and other losses and risks.
6.3 You understand that we need to periodically or irregularly overhaul or maintain our Platform (e.g., internet site, mobile network, etc.) or related equipment on which the Platform Services are provided, and that we shall not be liable for any interruption of our Platform Services for a reasonable period due to such circumstances, but we shall give prior notice whenever possible.
7. PROTECTION OF USERS' PERSONAL INFORMATION
7.1 WE ATTACH GREAT IMPORTANCE TO THE PROTECTION OF USERS' PERSONAL INFORMATION. WHEN WE PROVIDE SERVICES TO USERS THROUGH OUR PLATFORM, WE WILL COLLECT, STORE, USE, SHARE, TRANSFER, PUBLICLY DISCLOSE, PROTECT AND MANAGE USERS' INFORMATION AND PRIVACY IN ACCORDANCE WITH THE RELEVANT LAWS AND REGULATIONS. OUR PRIVACY POLICY IS SPECIFIED IN THE “INSTA360 STUDIO PRIVACY POLICY”. USERS AGREE TO CAREFULLY READ AND FULLY UNDERSTAND AND ACCEPT THE PRIVACY POLICY AND AGREE THAT THE PRIVACY POLICY IS AN IMPORTANT PART OF THIS AGREEMENT. WE WILL CEASE TO CONTINUE COLLECTING PERSONAL INFORMATION ACTIVITIES WHEN WE CEASE TO OPERATE THE SITE.
7.2 Our Software and Our Platform Service may be used in conjunction with other products and software, and may contain links or interfaces to third-party software and content and data. Use of such third-party software is subject to the terms (including the third-party privacy policy) provided by the licensor of such third-party software. Before using third-party software, please be sure to carefully read its privacy policy, and your personal information and privacy protection are governed by the third-party privacy policy. Insta360 makes no representations or warranties and is not responsible for the operation or availability of such third-party software.
8. LIABILITY FOR BREACH OF CONTRACT
8.1 Both parties shall jointly comply with this Agreement, and if one party breaches the Agreement and causes damage to the other party, the breaching party shall compensate the defending party for the damage.
8.2 Unless otherwise agreed by both parties, if the User breaches any of the obligations, promises, guarantees, etc. in this Agreement, we shall have the right to take one or more of the following measures to deal with the breach at any time concerning the circumstances of the breach, in particular the damage caused to us or the relevant third party. In case of your violation of this agreement or other terms of service and suspected violations of laws, regulations and crimes, we have the right to report to the relevant competent authorities in accordance with the law, cooperate with the relevant competent authorities in investigations, and report to the public security organs, etc.; if you violate this agreement or other terms of service and cause third-party complaints or litigation claims, you should handle it by yourself and bear all legal responsibilities that may arise therefrom. If we compensate any third party or are punished by state authorities due to your illegal or breach of contract, you should also fully compensate us for all losses suffered as a result.
8.3 We respect and protect your and others' legal rights and interests such as intellectual property rights, reputation, name rights and privacy. You guarantee that your use of Our Platform services does not infringe on the intellectual property rights, reputation, name rights, privacy and other legal rights and interests of any third party. Otherwise, you should handle all the claims made by the third party by yourself and bear all the legal responsibilities that may arise therefrom; If we suffer losses (including but not limited to economic and goodwill losses) as a result of your infringement, you shall also fully compensate us for all losses suffered.
9. SPECIAL AGREEMENT
We provide the services of our Platform as far as the available technology and conditions allow. We are obligated by law but cannot be held liable for the results of damage caused to you by the maintenance of information network equipment, connection failures, computer, communication or other system failures, hacking activities, computer viruses, power failures, strikes, riots, fires, floods, storms, explosions, war, governmental acts, orders of judicial and administrative authorities or by third parties. We control and provide our Platform Services through facilities in the People's Republic of China, and we do not guarantee that the services controlled or provided are appropriate or available in other countries or regions, and any user using our Platform Services in other jurisdictions should ensure their compliance with local laws and regulations, for which we shall not be liable.
10. DISCLAIMER
10.1 To the extent permitted by applicable law, our Platform disclaims all warranties of any kind, express or implied, including warranties of title, implied warranties of merchantability and warranties of fitness for a particular purpose. To the maximum extent permitted by applicable law, you expressly acknowledge and agree that your use of our Platform is at your sole risk and responsibility. In no event and for no reason, including negligence, shall we be liable for damages, compensation or resulting losses (including direct, compensatory, incidental, indirect, special, material or punitive damages) arising out of or in connection with our Platform or the terms of our Platform Rules, even if we have been advised of the possibility of such damages, compensation or losses. without prejudice to the generality of the foregoing, we shall not be liable to you or any third party for: (i) your use of, or inability to use, our platform for any reason; (ii) any content provided by or in connection with our Platform; (iii) inaccuracies, incompleteness or errors in the information provided on our Platform; (iv) Unauthorized access to, alteration or loss of data or other information collected, stored or transmitted through our Platform; (v) errors, system failures, network or system outages, file corruption or interruptions in service; or (vi) any other use of our Platform by you. In addition, we shall not be liable if our Platform (or part thereof) is unable to provide the Platform Services or to perform its obligations under this Agreement as a direct or indirect result of equipment, transmission or delivery problems, or other industrial disputes, war, natural disaster, terrorism, explosion, force majeure or other events beyond our control.
10.2 To the maximum extent permitted by applicable law, notwithstanding anything to the contrary in these terms and conditions, our cumulative liability to you arising out for all actions will at all times be limited to the extent that you are using our platform or serving our platform the actual price paid.
10.3 Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law. Nothing in this agreement affects your legal rights as a consumer, and your agreement to this agreement will not be deemed as a change or waiver of your legal rights as a consumer.
11. CHANGES TO THE AGREEMENT
We may amend this Agreement and the Supplemental Agreement in accordance with changes in national laws and regulations and changes in our Platform Services, and we will notify you of such changes (the "Changes") in the manner set out in Section 12 of this Agreement. Once the changes are announced on our platform in any form, they will take effect and replace the previous relevant content. You should pay attention to our Platform announcements, alerts and changes to the content of the Agreement from time to time.
You acknowledge and confirm that if you do not agree to the Changes, you shall immediately cease using our Platform Services as of the effective date determined by the Changes; if you continue to use our Platform Services after the Changes become effective, you shall be deemed to know and agree to accept the Changes as they become effective.
12. NOTICE
You agree that we may serve notices of any kind on you in the following reasonable manner. (1) Publicly announced copy. (2) Site messages, pop-up messages, and push messages.
13. TERMINATION OF THE AGREEMENT
13.1 Circumstances of Termination You have the right to terminate this Agreement in any of the following ways. (1) If you discontinue use and expressly do not wish to accept the Changes before they become effective. (2) You expressly do not want to continue to use our Platform services and meet the conditions for termination of our Platform.
13.2 We may terminate this Agreement by giving you notice in the manner set out in Section 12 of this Agreement if:
13.2.1 you breach this Agreement, and we terminate this Agreement pursuant to the breach clause.
13.2.2 You have infringed on the legitimate rights and interests of others or other serious violations of the contract on our platform; other cases where we should terminate the Services in accordance with relevant laws and regulations.
13.3 Handling after the termination of the Agreement Upon termination of this Agreement, we shall not be obliged to disclose any information in your account to you or a third party designated by you, except as expressly provided by law.
13.4 Upon termination of this Agreement, we have the following rights: Stop collecting and using your personal information, but you can continue to store other content and information you retain on our platform for the reasons stated in the "Insta360 Studio Privacy Policy".
13.5 We may still hold you liable for past breaches of this Agreement.
14. APPLICABLE LAW, JURISDICTION AND OTHER
14.1 If you reside inside the European Union, these Terms and any action related thereto will be governed by the laws of the Member State where you are domiciled. In case of a dispute the competent courts of the Member State where you are domiciled will have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
14.2 If you reside outside of the European Union, these Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Central District of California and each of the parties hereto waives any objection to exclusive jurisdiction and venue in such courts. You are also protected by any mandatory provisions in the laws of the country/region in which you reside. Nothing in this Agreement (including the preceding paragraph) will affect your rights as a consumer to rely on mandatory provisions in your local law.
14.3 If any provision of this Agreement is deemed to be invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.