Terms of Use
These Terms of Use (“Terms”) are an agreement between you and MindWell Solutions Group LLC (“we”, “us”, “our”) and govern your use of PROVA by InsightRoom, including the website at insightroom.io, the web app at insightroom.io/app, and the PROVA apps for iOS and Android, which display the same website and web app (together, the “Service”). By signing up for or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
If you use the Service on behalf of a company or other organization, you confirm that you are authorized to accept these Terms on its behalf.
1. The Service
PROVA lets you describe a product, message, price or other idea and receive a simulated focus group: a set of fictional panelists with sample responses, sentiment and themes, which you can view and download as a report.
PROVA is currently free to use. No paid plans are available today, and we do not ask for payment details. We may introduce paid plans or features in the future. If we do, we will tell you about the price and terms before you are charged anything, and you will not be moved onto a paid plan without your agreement. We may change, add or remove features, or limit, suspend or discontinue all or part of the Service, at any time.
2. Eligibility and your account
You must be at least 18 years old, or the age of majority where you live, to use the Service. PROVA is a business research tool and is not directed to children. You agree to give us accurate sign-up information and to keep your email address current. You are responsible for activity on your device and in your browser while using the Service.
3. Acceptable use
You agree not to:
- use the Service for anything unlawful, fraudulent or harmful, or to violate anyone’s rights;
- enter content that is unlawful, defamatory, harassing, hateful or obscene, or that infringes someone else’s intellectual property or privacy;
- present PROVA’s simulated results as responses from real people or as real survey or research data, or use them to mislead anyone;
- submit spam or automated, bulk or false sign-ups or feedback;
- interfere with, disrupt, overload or try to gain unauthorized access to the Service or its systems;
- copy, resell or redistribute the Service, or reverse engineer it, except as the law allows despite this restriction.
4. Your content
You keep all rights to the questions, context and other information you enter into PROVA (“Your Content”). PROVA creates focus groups on your device: Your Content and the results are stored in your browser’s or app’s local storage and are not sent to us. Because we do not receive or back up this content, you are responsible for keeping any copies you need. Clearing your browser data, using “Clear data on this device” or uninstalling the app will permanently remove it from that device.
If you send us feedback, suggestions or ideas, we may use them to improve PROVA without any obligation to you.
5. Simulated results are for information only
PROVA results are simulated. The panelists, names, quotes, sentiment and themes are generated automatically by PROVA’s software from pre-written response patterns, randomization and keywords from your question. They do not come from real people, they are not a statistically valid sample of any population, and they may be incomplete, inaccurate or different each time you run the same question. Results are for informational and brainstorming purposes only and are not professional, financial, legal, marketing or other advice. Use your own judgment, and validate important decisions with real customer research. You are solely responsible for decisions you make based on the Service.
6. Intellectual property
The Service, including its software, design, text, graphics and the PROVA and InsightRoom names and logos, is owned by MindWell Solutions Group LLC or its licensors and is protected by intellectual property laws. Subject to these Terms, we give you a limited, personal, non-exclusive, non-transferable and revocable license to use the Service. You may use the reports PROVA generates for you for your own internal business purposes. All rights not expressly granted are reserved.
7. Third-party services
The Service relies on and may link to third-party services, such as our hosting provider, Google Fonts and YouTube. We are not responsible for third-party services, and your use of them is governed by their own terms and policies.
8. Privacy
Our Privacy Policy explains what information we collect and how we use it. It is part of these Terms.
9. Disclaimers
THE SERVICE AND ALL RESULTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT RESULTS WILL BE ACCURATE OR RELIABLE, OR THAT CONTENT STORED ON YOUR DEVICE WILL BE PRESERVED.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MINDWELL SOLUTIONS GROUP LLC AND ITS OWNERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AND (B) US $50. Some jurisdictions do not allow certain of these limitations, so they may not all apply to you.
11. Indemnity
To the extent permitted by law, you agree to defend, indemnify and hold harmless MindWell Solutions Group LLC from any claims, losses and expenses (including reasonable attorneys’ fees) arising from your misuse of the Service, Your Content, or your violation of these Terms.
12. Termination
You may stop using the Service at any time. To have your sign-up information deleted, follow the steps in our Privacy Policy. We may suspend or end your access to the Service at any time, with or without notice, including if we reasonably believe you have violated these Terms. Sections 4 through 7 and 9 through 14 survive termination.
13. Changes to these Terms
We may update these Terms from time to time. When we do, we will post the new version on this page and change the “Last updated” date. If the changes are significant, we will give more prominent notice, such as on the website or by email. Continuing to use the Service after changes take effect means you accept the updated Terms.
14. Governing law
These Terms are governed by the laws of the State of New Hampshire, USA, without regard to its conflict-of-laws rules. Any dispute arising from these Terms or the Service will be brought exclusively in the state or federal courts located in New Hampshire, and you and we consent to their jurisdiction, except where the law where you live gives you the right to bring a claim in your local courts.
15. General
If any part of these Terms is found unenforceable, the rest will remain in effect. Our failure to enforce any provision is not a waiver. You may not transfer these Terms without our consent, and we may transfer them as part of a merger, acquisition or sale of assets. These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
16. Contact us
MindWell Solutions Group LLC
Email: hello@insightroom.io
Website: insightroom.io