Version update Date: Mar 25, 2024

Version Effective Date: Apr 1, 2024

Welcome to Insta360 Studio 5.0.0! Before installing and using Insta360 Studio, please carefully read and 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. Terms involving your significant rights and interests will be highlighted in bold, underlined, or other. If you have any questions about this Agreement, please contact the Insta360 Customer Service Team (service@insta360.com).

YOU CONFIRM THAT YOU HAVE THE NECESSARY CIVIL CAPACITY AND LEGAL QUALIFICATIONS TO DOWNLOAD, INSTALL AND USE INSTA360 STUDIO AND HAVE THE RIGHT AND ABILITY TO AGREE TO ALL THE CONTENTS OF THIS AGREEMENT AND RELATED AGREEMENTS OR NORMS; YOU HAVE READ ALL THE CONTENTS OF THIS AGREEMENT IN DETAIL, AND YOU FULLY UNDERSTAND, AGREE AND ACCEPT ALL THE CONTENTS OF THIS AGREEMENT. IF YOU DO NOT MEET THE ABOVE QUALIFICATIONS, YOU OR YOUR GUARDIAN SHALL BEAR ALL THE CONSEQUENCES ARISING THEREFROM IN ACCORDANCE WITH LAWS AND REGULATIONS.

IF YOU ARE A MINOR UNDER THE JURISDICTION OF WHERE YOU LIVE, PLEASE CAREFULLY READ AND UNDERSTAND THIS AGREEMENT ACCOMPANIED BY YOUR LEGAL GUARDIAN. ONLY DOWNLOAD, INSTALL, AND USE THE INSTA360 STUDIO SOFTWARE AFTER OBTAINING CONSENT FROM YOUR LEGAL GUARDIAN. THE CHILD'S EXERCISE AND PERFORMANCE OF THE RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT IS DEEMED TO HAVE BEEN APPROVED BY THE LEGAL GUARDIAN.

PLEASE DO NOT INSTALL OR USE THE INSTA360 STUDIO SOFTWARE (HEREINAFTER REFERRED TO AS THE "SOFTWARE") UNLESS YOU HAVE FULLY READ, UNDERSTOOD AND ACCEPTED ALL OF THE TERMS OF THIS AGREEMENT. DOWNLOADING AND COMPLETING THE INSTALLATION OF THE SOFTWARE 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 INSTA360 SOFTWARE SERVICES (INCLUDING BUT NOT LIMITED TO THE "INSTA360 STUDIO PRIVACY POLICY") FORMING A LEGALLY BINDING DOCUMENT BETWEEN YOU AND INSTA360.

If you accessed or used the software before the effective date of this Agreement, you are deemed to have fully read, understood, and accepted this Agreement in its entirety; otherwise, please cease using this Software.

Insta360 reserves the right 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 with sole discretion. You acknowledge and agree that by receiving the services, this Agreement also governs the rights and obligations of such parties.

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. You are advised to read the specific expressions of each term carefully to protect your rights and interests.

Matters not covered in this Agreement shall be governed by the "Insta360 User Service Agreement"; if there is any conflict between this Agreement and the "Insta360 User Service Agreement," the content of this Agreement shall prevail.

1. Definition

1.1 Software Operator/Insta360: Each legal entity that individually or collectively refers to the operation of the Software, including Insta360 and its affiliates.

1.2 Software: Refers to Insta360 Studio software.

1.3 Software Services: Internet services that Insta360 provides you in various forms, such as software (including any future services developed), as detailed in Section 3.

1.4 Software Rules: All rules, interpretations, announcements, etc., that have been released and will be released on any of Insta360's software, as well as various rules, implementation rules, product descriptions, announcements, etc., issued by the software in channels, activity pages, help center, etc.

2. Scope of Agreement

2.1 Contracting Parties

This Agreement shall be concluded jointly by you and the Software Operator and legally binding on both of you. Under this Agreement, the Software Operator may be changed according to the Software's business adjustment. If changed, the Software Operator will comply with this Agreement and provide you with the services laid out in this Agreement. Your rights and interests under this Agreement will not be affected.

2.2 Supplementary Agreement

The terms and conditions outlined in this Agreement cannot fully cover all rights and obligations of you and Insta360 due to the rapid development of the Internet industry, and existing Agreements cannot guarantee full compliance with the needs of future development. Therefore, the relevant statements, policies, rules and Agreements released on the Software are all supplementary to this Agreement, inseparable from this Agreement and have the same legal effect. If you use Insta360's Software Services, you are deemed to agree to the aforesaid supplementary agreements.

The Software system may be upgraded occasionally, and various new features may be added, including but not limited to user registration, etc. Continued use of Insta360's Software Services and Software shall be deemed as knowledge of any system upgrades and changes and your agreement to abide by the latest rules of the software.

3. Software Service Usage Specification

3.1 Insta360's Software provides services including but not limited to reading your imported files, editing support, and other technologies and/or services provided by Insta360's software (hereinafter referred to as "Other technologies and services").

3.2Insta360's Software Services are limited to your use of the Software, and any service obtained by separating the Software Services from the Software by malicious cracking or other illegal means is not part of Insta360's Software Services, as agreed in this Agreement. The perpetrator shall be responsible for all legal consequences arising therefrom, and Insta360 will pursue the perpetrator's legal responsibility in accordance with the law.

3.3 Information security specification: Insta360 Studio requires no registration to use. You should install and use the software on a safe and trusted device with a secure network. If a user's information is stolen by others, not due to the fault of the software, Insta360 shall not be liable. If you suspect your personal information has been leaked, please contact the Insta360 Customer Service team (service@insta360.com) immediately.

3.4The only legal way to download, install, and use the Software is the way officially announced on Insta360's official website (www.insta360.com); any other channels, means, and ways you obtain the Software are illegal and invalid, and you shall bear any adverse consequences resulting from this.

3.5 Insta360 has the right to announce (including but not limited to pop-ups, website announcements, in-software notifications, etc.) any modifications, replacements and upgrades of any software and firmware related to the Software. If you do not agree with or accept the modifications, replacements or upgrades of the software and firmware related to the Software Services, please directly refuse to upgrade the relevant services and cease using the Software Services. Otherwise, you are deemed to agree and accept the modifications, replacements or upgrades of the software and firmware. Such agreement and acceptance are still subject to this Agreement.

3.6 You understand and agree that you acknowledge that you shall have no ownership of the use records, downloads and other derivatives obtained by using the Software Services (unless otherwise specified in an announcement on the Software). Insta360 allows you to use them in accordance with the rules stated, and shall not be liable for any compensation for the derivatives mentioned above. You agree and guarantee that you will not use the Software Services or their derivatives for illegal profit-making by reselling, replacing, and mortgaging valuable transactions. You will not use the Software Services or their derivatives to infringe upon the legitimate rights and interests of others.

4. Intellectual Property Rights Statement

4.1The intellectual property rights of the Software Services content (including but not limited to software, technology, programs, web pages, text, pictures, images, audio, video, graphics, layout, transition design, electronic documents, etc.) provided by Insta360 belong solely to Insta360. The copyrights, patents and other intellectual property rights of the software on which Insta360 provides the Software Services are owned by Insta360. No one may use (including but not limited to monitoring, copying, transmitting, displaying, mirroring, uploading, or downloading through any robot, "spider," or other program or device) the content of the Software Services without Insta360's permission.

4.2 Insta360 provides technical support for the development and operation of its Software Services and has rights to all data and information generated during these activities to the extent permitted by laws and regulations.

4.3 You may not use any of Insta360's 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 entitles you to display, use, or otherwise deal with such Marks without Insta360's prior written consent. If you use Insta360's trademarks or logos in violation of this Agreement in a manner that causes damage to Insta360 or others, you shall bear full legal responsibility.

4.4 You represent and warrant that your use of this software complies with and will comply with the provisions of applicable laws and regulations. In any case, if Insta360 reasonably believes that your behavior may violate the above-mentioned laws and regulations, Insta360 may take the relevant measures detailed in section 8 at any time and without prior notice.

4.5 You may not implement, utilize, or transfer the aforementioned intellectual property rights for any commercial or non-commercial purpose or authorize any third party without the written consent of Insta360 or the relevant right holder. When you use any functions or services Insta360 provides, 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. You may not use these videos, music, images, materials, and other content for any commercial purpose or profit-making activities without Insta360's prior written permission. You 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. Prohibited Actions

5.1 You may not use any Software Services through the Software for any commercial purpose or the benefit of any third party without Insta360's express permission;

5.2 You may not use or exploit Insta360's intellectual property (including trademarks, brands, logos, any other proprietary data or the layout or design of any web page) or infringe any of Insta360's intellectual property (including attempting to reverse engineer Insta360's software or third-party software);

5.3 You may not license, sell, lease, lend, transfer, distribute, host, outsource, divulge or otherwise commercially exploit Insta360's Software or make the Software available to any third party; remove or modify any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software;

5.4You shall not access Insta360's Software Services to collect or process content with any automated programs, software, engines, web crawlers, web analytics tools, data mining tools or similar tools;

5.5 You shall not engage in any "framing," "mirroring," or other techniques designed to mimic the appearance and features of Insta360's Software Services; interfere or attempt to interfere with any user's or any other party's access to Insta360's Software Services;

5.6 You shall not distribute viruses, network worms, Trojan horses, corrupted files or other malicious code or items;

5.7You shall not probe or test Insta360's Software Services, systems, or other users' systems for vulnerability to intrusion attacks or otherwise circumventing (or attempting to circumvent) any security features of Insta360's Software Services, systems, or other users' systems.

5.8You shall not decompile or reverse engineer software used by Insta360's Software Services or attempt to do any of the foregoing;

5.9 You shall not intentionally or unintentionally violate any relevant Chinese laws, regulations, rules and other norms with legal effect.

6. Updating, Interrupting or Terminating the Service

6.1 Insta360 may occasionally provide bug fixes, updates, upgrades and other modifications to the Software (collectively, "Updates"). Before updating the software, Insta360 will ask for your consent after you have manually downloaded and installed the update. If you do not want the updates, it will not affect your normal use of the software.

6.2 You understand and agree that the Software Services provided by Insta360 on the software are provided in accordance with the current state of technology and conditions. Insta360 will try to the best of its ability to provide you with Software Services and ensure their continuity and security. You understand that Insta360 cannot at any time or at all times anticipate 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 the Software Services properly and other losses and risks.

6.3You understand that Insta360 needs to periodically or irregularly overhaul or maintain the Software (e.g., internet site, mobile network, etc.) or related equipment on which the Software Services are provided and that Insta360 shall not be liable for any interruption of the Software Services for a reasonable period due to such circumstances. Insta360 shall give prior notice whenever possible.

7. PROTECTION OF PERSONAL INFORMATION

7.1 INSTA360 ATTACHES GREAT IMPORTANCE TO THE PROTECTION OF USERS' PERSONAL INFORMATION. THE SOFTWARE PROVIDED BY INSTA360 WILL COLLECT, STORE, USE, SHARE, TRANSFER, DISCLOSE, PROTECT AND MANAGE USERS' INFORMATION AND PRIVACY IN ACCORDANCE WITH THE RELEVANT LAWS AND REGULATIONS. THE PRIVACY POLICY IS SPECIFIED IN THE "INSTA360 STUDIO PRIVACY POLICY". USERS AGREE TO CAREFULLY READ, UNDERSTAND AND ACCEPT THE PRIVACY POLICY BEFORE USING THE SOFTWARE. IF INSTA360 CEASES TO OPERATE THE SOFTWARE, IT WILL CEASE TO COLLECT USER'S PERSONAL INFORMATION.

7.2 The Software may be used in conjunction with other products and software and may contain links to or interfaces of third-party software, content, and data. Use of such third-party software is subject to the terms, such as the "Third-Party Privacy Policy", provided by the Licensor. Before using third-party software, please read its privacy policy carefully. The third-party privacy policy governs your personal information and privacy protection. 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. If one party breaches this Agreement and causes damage to the other party, the breaching party shall compensate the defending party for the damage.

8.2 Insta360 reserves the right to hold you responsible for any losses if you violate this Agreement's rules, statements, promises, and warranties. If you breach any of the obligations, promises, guarantees, etc., laid out in this Agreement, Insta360 will have the right to take one or more of the following measures to deal with the breach at any time depending on the cirumstances, in particular the damage caused to Insta360 or the relevant third party unless otherwise agreed by both parties: in case you violate this Agreement or other terms of service and suspected violations of laws, regulations and crimes, Insta360 has the right you to report to the relevant 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 Insta360 are required to compensate any third party or are punished by state authorities due to your illegal or breach of contract, you will fully compensate Insta360 for all losses suffered as a result.

8.3 Insta360 respects and protects your legal rights and interests, including intellectual property rights, reputation, name rights and privacy. You guarantee that using this Software does not infringe on any third party's intellectual property rights, reputation, name rights, privacy and other legal rights and interests. 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 Insta360 suffers losses (including but not limited to economic losses) as a result of your infringement, you shall also fully compensate Insta360 for all losses suffered.

9. Special Agreement

Insta360 will do its best to provide you with support related to this Software. Still, due to technical limitations, Insta360 cannot guarantee that network services will meet your requirements (including but not limited to the timeliness, security, and accuracy of network services). You acknowledge and agree that Insta360 shall not be liable for any damages that may result from the following force majeure and non-liability reasons attributable to Insta360, including but not limited to losses of property, income, data, or other intangible losses due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, etc. Insta360 controls and provides the Software under the People's Republic of China. Insta360 cannot guarantee that the services controlled or provided are appropriate or available in other countries or regions. Any user using the Software in other jurisdictions should ensure their compliance with local laws and regulations, for which Insta360 shall not be liable.

10. Disclaimer

10.1 To the extent permitted by applicable law, the Software 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 acknowledge and agree that your use of the Software is at your sole risk and responsibility. In no event and for no reason, including negligence, shall Insta360 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 the Software or the terms of the Software Rules, even if advised of the possibility of such damages, compensation or losses. Without prejudice to the generality of the foregoing, Insta360 shall not be liable to you or any third party for (i) your use of, or inability to use, the software for any reason; (ii) any content provided by or in connection with the Software; (iii) inaccuracies, incompleteness or errors in the information provided on the Software; (iv) Unauthorized access to, alteration or loss of data or other information collected, stored or transmitted through the Software; (v) errors, system failures, network or system outages, file corruption or interruptions in service; or (vi) any other use of the Software by you. In addition, Insta360 shall not be liable if the Software (or part thereof) is unable to provide the 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 to these terms and conditions, Insta360's cumulative liability to you arising out of all actions will at all times be limited to the extent that you are using the Software or serving the Software 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. Insta360's liability will be limited to the maximum extent permitted by applicable law in such jurisdictions. Nothing in this Agreement affects your legal rights as a consumer, and your Agreement to this Agreement will not be deemed a change or waiver of your legal rights as a consumer.

11. Changes to the Agreement

Insta360 may amend this Agreement and other Agreements per changes in national laws, regulations and services. Insta360 will notify you of such changes in the manner set out in Section 12 of this Agreement. Once the changes are announced on Insta360 Software in any form, they will take immediate effect and replace the previous relevant content. You should pay attention to Insta360's Software announcements, alerts and any changes to this Agreement.

You acknowledge and accept that if you do not agree to the changes, you shall immediately cease using the Software Services as of the effective date determined by the changes; if you continue to use the Software and Insta360 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 Insta360 may notify you of important announcements through public notices, site messages, pop-up notifications, push messages, and other methods.

13. Termination of This Agreement

13.1 You have the right to terminate this Agreement in any of the following ways: you discontinue using the Software; you express that you do not wish to accept the changes before they become effective; you expressly do not want to continue using Insta360's services and meet the conditions for termination of this Agreement.

13.2 Insta360 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 Insta360 terminates this Agreement under the breach clause.

13.2.2 You have infringed on the legitimate rights and interests of others or other serious contract violations on the Software; other cases where Insta360 should terminate the services in accordance with relevant laws and regulations.

13.3 Upon termination of this Agreement, Insta360 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, Insta360 has the following rights: stop collecting and using your personal information, but you can continue to store other content and information you retain on the Software for the reasons stated in the "Insta360 Studio Privacy Policy."

13.5 Insta360 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 to it will be governed by the laws of the Member State of your country/region of residence. In case of a dispute, the competent courts of the Member State of your country/region of residence 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 to them will be governed by the laws of the State of California without regard to their conflict with 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 the applicable laws of your country/region of residence. Nothing in this Agreement (including this provision) shall affect your rights as a consumer to rely on mandatory provisions in local laws (including but not limited to your right to apply for dispute resolution to relevant consumer protection agencies and courts in your country/region, if applicable).

14.3 If any provision of this Agreement is deemed 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.