Version 1.0

Version release date: 2024/12/17

Version effective date:2024/12/17

Welcome to use Insta360 Connect service!

To provide better services for you, before you start to install and use Insta360 Connect, please read carefully and fully understand the terms of the Insta360 Connect 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 Connect 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 products and services. 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. IN PARTICULAR, IF YOU ARE A MINOR UNDER THE LAWS OF THE JURISDICTION IN WHICH YOUR LIVE, PLEASE READ CAREFULLY AND FULLY UNDERSTAND THIS AGREEMENT ACCOMPANIED BY YOUR LEGAL GUARDIAN, AND INSTALL AND USE THE INSTA360 LINK CONTROLLER SOFTWARE AFTER OBTAINING THE CONSENT OF THE LEGAL GUARDIAN.

PLEASE DO NOT USE INSTA360 CONNECT (HEREINAFTER REFERRED TO AS THE “PRODUCT”) UNLESS YOU HAVE FULLY READ, FULLY UNDERSTOOD, AND ACCEPTED ALL OF THE TERMS OF THIS AGREEMENT. WHEN YOU COMPLETE THE ACTIVATION OF THE PRODUCT, 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 CONNECT PRIVACY POLICY”） AS A PARTY TO THIS AGREEMENT, BECOMING A USER OF INSTA360.

If you have been a user of Insta360 Connect before the effective date of this Agreement, by accessing and/or using our Product, you are deemed to fully read, understand and accept this Agreement 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. If you do not agree with the content of this Agreement, you will not be able to use the products and services provided to you by Insta360, and you may return the products and services through the prompts in the Return and Exchange Policy.

If you do not agree with the content of this agreement, you will not be able to use the products and services provided by us. You can return the goods as provided in the "Return and Exchange".

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 We or us: the legal entities that operate us individually or collectively, including Arashi Vision Inc. and its affiliates.

1.2 Our Products and Services: the Insta360 Connect Product and the Services we provide to you through that Product.

2.SCOPE OF AGREEMENT

2.1 Contracting Parties

This Agreement shall be concluded jointly by you and our service provider and shall be legally binding on both you and our service provider. Under this Agreement, our service provider may be changed according to the business adjustment of our Products and Services, and the changed Provider 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 future development needs.

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 products and 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 products and services is deemed to be your knowledge of our product system upgrades and changes and your agreement to abide by the latest rules of our product.

3.INTELLECTUAL PROPERTY RIGHTS STATEMENT

3.1 The intellectual property rights of the content (including but not limited to products, systems, technology, programs, web pages, text, pictures, images, audio, video, graphics, layout, electronic documents, etc.) provided by us in our products and services belong to us. The copyrights, patents and other intellectual property rights of the software on which we provide our products and services are owned by us. 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 our products and services without our permission.

3.2 We provide technical support for the development and operation of our products and services and have all rights to all data and information generated in the course of the development and operation of our products and services to the extent permitted by laws and regulations.

3.3 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.

3.4 You represent and warrant that your use of our products and services 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 9 at any time and without prior notice.

4.USER PROHIBITED ACTIONS

4.1 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 infringing any of our intellectual property (including attempting to reverse engineer our products and services client or the software used).

4.2 license, sell, lease, lend, transfer, distribute, host, outsource, divulge or otherwise commercially exploit our product, 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;

4.3 Accessing our products and services, collecting or processing content available through our products and services through the use of any automated programs, software, engines, web crawlers, web analytics tools, data mining tools or similar tools.

4.4 Engaging in any "framing", "mirroring" or other techniques designed to mimic the appearance and features of our products and services; Interfering or attempting to interfere with any user's or any other party's access to our products and services.

4.5 Intentionally distributing viruses, network worms, Trojan horses, corrupted files or other malicious code or items.

4.6 Probing or testing our products and services, systems or other users' systems for vulnerability to intrusion attacks or otherwise circumvent (or attempt to circumvent) any security features of our products and services, systems or other users' systems.

4.7 To decompile or reverse engineer software used by our products and services, or attempt to do any of the foregoing.

4.8 Intentionally or unintentionally violating any relevant applicable laws, regulations, rules and other norms with legal effect.

5.UPDATING, INTERRUPTION OR TERMINATION OF SERVICE

5.1 We may from time to time provide bug fixes, updates, upgrades and other modifications to our software (collectively, "Updates"). Minor updates may be installed automatically without any additional notice and any additional permission. You agree to such automatic updates. If you do not wish to make such updates, the solution is to stop using the Products. Before making major updates to our Products and Services, 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 products and services.

5.2 You understand and agree that the Platform Services provided by us on our products and services 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 products and services. You understand that we 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 our products and services properly and other losses and risks.

5.3 You understand that we need to periodically or irregularly overhaul or maintain our products and services(e.g., internet sites, mobile networks, etc.) or related equipment on which the Platform Services are provided, and that we shall not be liable for any interruption of our products and services for a reasonable period due to such circumstances, but we shall give prior notice whenever possible.

6.Open source

This Agreement does not apply to any open source components that may be included in this product and service ("Open Source Components"). For information on the open source components applicable to this product and service, as well as the relevant applicable licenses, please contact customer service by email at service@insta360.com for inquiries. Your use of each open source component shall be subject to the terms of each applicable end-user license accompanying this open source component. You must agree to the terms of such applicable licenses, otherwise you should not use this product and service. Nothing in this Agreement restricts your rights under any applicable end-user license terms for open source components, nor does it grant you the right to supersede such terms.

7.PROTECTION OF USERS' PERSONAL INFORMATION

WE ATTACH GREAT IMPORTANCE TO THE PROTECTION OF USERS' PERSONAL INFORMATION. WHEN WE PROVIDE SERVICES TO USERS THROUGH OUR PRODUCTS AND SERVICES, 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 CONNECT 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.

8.Third-Party Software

Our Products and Services 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. By accessing or using third-party software, you agree to comply with applicable third-party terms. Insta360 makes no representations or warranties and is not responsible for the operation or availability of such third-party software.

9.LIABILITY FOR BREACH OF CONTRACT

9.1 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.

9.2 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.

9.3 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 product 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.

10.SPECIAL AGREEMENT

We provide our Products and Services 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 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 Services in other jurisdictions should ensure their compliance with local laws and regulations, for which we shall not be liable.

11.DISCLAIMER

11.1 To the extent permitted by applicable law, our Products and Services disclaim all warranties of any kind, express or implied, including warranties of title, implied warranties of merchant ability 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 Products and Services 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 product or the terms of our product 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 product for any reason; (ii) any content provided by or in connection with our Products and Services or services provided by any third parties; (iii) inaccuracies, incompleteness or errors in the information provided on our product; (iv) Unauthorized access to, alteration or loss of data or other information collected, stored or transmitted through our product; (v) errors, system failures, network or system outages, file corruption or interruptions in service; or (vi) any other use of our product by you. In addition, we shall not be liable if our Products and Services (or part thereof) are unable to provide the Products and 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.

11.2 To the maximum extent permitted by applicable law, notwithstanding anything to the contrary in these terms and conditions, in no event shall we be liable for any costs of procurement, loss of profits, loss of information or data, or any other special, indirect, consequential or incidental damages arising out of the sale, licensing or use of any of our products, software or services, or the inability to use any of our products, software or services, regardless of the cause of the loss and how liability is defined (contract, tort or otherwise). In no event shallour cumulative liability to you arising out for all actions at all times will be limited to the extent that you are using our product or serving our product at the actual price paid.

11.3 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.

12.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 product Services, and we will notify you of such changes (the "Changes") in the manner set out in Section 13 of this Agreement. Once the changes are announced on our product in any form, they will take effect and replace the previous relevant content. You should pay attention to our product 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 product Services as of the effective date determined by the Changes; if you continue to use our product Services after the Changes become effective, you shall be deemed to know and agree to accept the Changes as they become effective.

13.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. (3) Emails, SMS, correspondence, etc., based on the contact information you have reserved on our product.

14.TERMINATION OF THE AGREEMENT

14.1 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 product services and meet the conditions for termination of our product.

14.2 We may terminate this Agreement by giving you notice in the manner set out in Section 13 of this Agreement if:

14.2.1 You breach this Agreement, and we terminate this agreement under the breach clause.

14.2.2 You have infringed on the legitimate rights and interests of others or other serious violations of the contract on our product; other cases where we should terminate the Services in accordance with relevant laws and regulations.

14.3 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.

14.4 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 product for the reasons stated in the "Insta360 Connect Privacy Policy".

14.5 The provisions of Articles 7, 8, 10, 11, 14, and 15 shall remain in force after any such termination.

14.6 We may still hold you liable for past breaches of this Agreement.

15.APPLICABLE LAW, JURISDICTION AND OTHER

15.1 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.

15.2 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.

15.3 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 enforce ability of the remaining provisions of this Agreement.