[V1.0]

published date:【2024.7.18】

effective date:【2024.7.25】

Welcome to Insta360+!

Insta360+ is a service provided by Arashi Vision Inc. and its affiliates (hereinafter referred to as "Insta360", "we" or "us") through the Insta360 App, our official website and Insta360 Studio, Insta360 Store, offering storage, synchronization, management, and sharing services (hereinafter referred to as "Services" or “Platform Services”) for your camera videos and photos (collectively, "material data").

Insta360 hereby reminds you to carefully read and fully understand this "Insta360+ User Service Agreement" (hereinafter referred to as "this Agreement"). Please carefully read and fully understand the content of each clause, especially the clauses of exemption or limitation of liability, and governing law and dispute resolution clauses. If you have any questions about this Agreement, you can enquire about customer service at service@insta360.com.

IF YOU ARE A MINOR UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE, PLEASE READ CAREFULLY AND FULLY UNDERSTAND THIS AGREEMENT ACCOMPANIED BY YOUR LEGAL GUARDIAN AND USE THE SERVICES AFTER OBTAINING THE CONSENT OF THE LEGAL GUARDIAN.

BY READING AND AGREEING TO THIS AGREEMENT AND COMPLETING THE ENTIRE PURCHASING PROCESS, YOU HAVE FULLY READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND AGREE TO BE BOUND BY THIS AGREEMENT AND OTHER AGREEMENTS AND RULES RELATED TO THE SERVICES (INCLUDING BUT NOT LIMITED TO THE INSTA360+ PRIVACY POLICY) AS A PARTY TO THIS AGREEMENT, BECOMING A USER OF INSTA360+ 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.

This Agreement contains:

1. Scope and Update of This Agreement

2. Account Registration and Use

3. Sale of Services

4. Content and Your Conduct

5. Availability

6. Intellectual Property Rights Statement

7. Termination of Services

8. Protection of Users’ Personal Information

9. Liability for Breach of Contract

10. Disclaimer of Warranties

11. General

1. Scope and Update of This Agreement

1.1 Contracting Parties

This Agreement is a valid and binding contract entered into by and between Arashi Vision Inc. with its affiliates (the operator of Insta360+) and the user (hereinafter “you”). This Agreement only apply to the Services and do not apply to any other applications or products provided by us, or to third-party applications or products to which the Services may link.

On a global basis, our Services apply to the areas where use is permitted by laws and regulations, and it is your responsibility to ensure that Insta360+ Services are available legally in your area.

1.2 Scope of this Agreement

In addition to the terms set forth in this Agreement, any other terms and conditions that we post or make available through our Services, or otherwise make available to you, apply to your use of our Services, and are incorporated into and made a part of this Agreement. These additional terms include but are not limited to the following:

(a) Insta360+ Privacy Policy (the “Privacy Policy”);

(b) any consent or authorization you sign in connection with your use of our Services.

1.3 Update of this Agreement

Without prejudice to your rights under applicable law, we reserve the right to amend, replace or add any terms of this Agreement (including but not limited to amendments, replacements and additions reflecting technological or functional advancements, legal and regulatory changes or good business practices). If it is necessary for us to amend, replace or add any terms of this Agreement, we will notify you by any reasonable means, including but not limited to posting the new version of this Agreement with an updated effective date on the Services or our websites. You agree to be bound by the effective version of this Agreement including all such amendments, replacements, and additions by continuing to use the Services. In the case that the aforementioned amendments, replacements and additions of this Agreement consist of material change to your lawful right and interest or to our obligation regarding your use of the Services, we would obtain your consent to this Agreement by reasonable means.

If you disagree with such amendments, replacements, or additions, or are dissatisfied with the updated Services, you have the right to discontinue using the Services.

2. Account Registration and Use

2.1 User Qualifications

YOU ACKNOWLEDGE THAT YOU SHALL BE A NATURAL PERSON, LEGAL PERSON, OR OTHER ORGANIZATION WITH FULL CAPACITY FOR CIVIL CONDUCT (HEREINAFTER COLLECTIVELY “LEGAL SUBJECTS”) WHEN YOU START TO REGISTER, LOGIN AND ACTUALLY USE OUR PLATFORM SERVICES. IF YOU DO NOT HAVE THE AFOREMENTIONED QUALIFICATIONS, YOU AND YOUR GUARDIAN SHALL BEAR ALL THE CONSEQUENCES CAUSED BY THIS IN ACCORDANCE WITH THE LAWS AND REGULATIONS. IN PARTICULAR, IF YOU ARE A MINOR, PLEASE ACCESS AND/OR USE OUR PLATFORM SERVICES WITH THE CONSENT AND GUIDANCE OF YOUR GUARDIAN.

2.2 Register an Account

Before using this service, you must first register and obtain the account provided by Insta360. *If you purchase Insta360+ as a visitor from Insta360 store with an email address not yet registered, please note that you need to first register and obtain an Insta360 account using the same email address filled in on your checkout page so that you can activate and use Insta360+ service.

You undertake and guarantee that:

1) The user information you fill out is true, accurate, complete, and timely, and it is ensured that Insta360 can contact you via the contact details you provide.

2) You should provide corresponding information such as identification, and corporate qualifications in a timely manner according to the requirements of the Services. Otherwise, Insta360 has the right to refuse to provide you with relevant Services.

3) If the data or information you provide contains incorrect or untrue information, Insta360 reserves the right to cancel your qualification for account registration, suspend or terminate the service to you.

4) You are responsible for your Insta360 Account. Your Insta360 Account can only be used by you. Without the consent of Insta360, this account shall not be transferred, used as a gift or bequeathed. Otherwise, Insta360 has the right to recover the said account.

5) You should accurately fill out and update the contact details such as email address, contact number, so that Insta360 can contact you. You should solely bear any losses or additional costs you incur when using Services if you cannot be contacted through these contact methods. You understand and agree that you are obliged to maintain the validity of the contact details you provide. If any change needs to be updated, you should perform the update in accordance with the requirements of Insta360.

2.3 Responsibility for Account

1) Insta360 identifies your instructions through your username and password. Please keep safe your username and password. You must assume full responsibility for keeping confidential your password and account. You need to assume full responsibility for all activities that take place under your account. The loss caused by the disclosed password or forgotten username shall be borne solely by you. At no time can you use another person’s account without the consent of the account holder. You shall assume the corresponding responsibility for the losses incurred by Insta360 or a third party due to other people’s use of your account or due to your use of other people’s account.

2) If you are aware that anyone fraudulently uses or steals your account and password or makes any other unauthorized use or has any other acts of endangering security, you should immediately notify Insta360 in a valid manner and request Insta360 to suspend related services. At the same time, you understand that it requires a reasonable time limit for Insta360 to take action according to your request. Prior to this, Insta360 does not assume any liability for the executed instructions and the losses caused to you.

2.4 Identity Verification

You understand and undertake that Insta360 has the right to require you to complete the identity verification of your Insta360 Account to ensure the security of account and transactions. At the same time, Insta360 may require you to provide information such as additional identity materials or enterprise qualifications according to law for further identity verification or qualification verification regarding certain products or services. Your account is only qualified to use related products or services after the authentication and verification are successful.

2.5 Account Cancellation

You have the right to decide to cease using Insta360+ Services and cancel your Insta360 Account. According to the provision of Insta360 Account Deletion Notice, when you need to terminate the use of our Services, you can apply for cancellation of your account by “Insta360 App-Personal Homepage-Edit Information-Delete Account”, and follow the prompts accordingly to cancel.

2.6 Legal Claims

You understand and agree that Insta360+ has the right to know the real background and purpose of your use of Services provided in this application, and to require you to provide true, complete, and accurate information truthfully. If Insta360+ has reasonable doubts that the information provided by you is not true, and that the transaction done by you is false or your behaviors violate the service rules of Insta360+, Insta360+ shall have the right to restrict temporarily or permanently functions, in part or whole, of all Services you use with your account.

3. Sale of Services

3.1 Payment

1) The Insta360+ Subscription plans are available for purchase on a subscription basis. You can activate and use the Services through your Insta360 Account. By purchasing Insta360+ subscription plan, you acknowledge that you have authorized Insta360 to charge the payment method provided at the price indicated on your purchase page and automatically at the renewal frequency indicated on your purchase page until the cancellation of subscription or the termination of Insta360+ service.

2) By you upgrading to the Insta360+ Subscription service for more storage and additional features, Insta360 will automatically charge on a recurring basis the fee for the plan you choose, including any applicable taxes, through the payment method you use to shop on the App Store, Google Play or Insta360 store. For details about plans and pricing, please visit the purchase page when you subscribe to the Services. For specific tax arrangements, please see the Google and App stores, or the checkout page if you purchase Insta360+ through Insta360 store.

3) The applicable fee for an upgraded plan will take effect immediately; downgrades to your plan will take effect on the next annual, quarterly or monthly billing date. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING INSTA360+ WITH PAYMENT DETAILS FOR PAYMENT OF ALL FEES. If Insta360+ is unable to successfully charge your payment account for fees due, Insta360+ reserves the right to restrict your ability to continue uploading or to limit the download speed, however, you can continue to access your content within 60 days.

4) Free Introductory Trial and Promotional Rates（if any, subject to the purchase page）. Your Subscription may begin with a free trial (the “Free Introductory Trial”) for new subscribers for a period of time specified when you register. You must provide a payment method at sign-up to ensure uninterrupted access to the Subscription at the end of the Free Introductory Trial when your subscription automatically converts to a paid Subscription. If you do not cancel, we will charge through your payment method the fee at the end of the Free Introductory Trial and on a recurring basis until cancelled as described herein. If your Subscription includes a promotional rate or other discounted price offer, you will be charged the promotional rate for the relevant number of billing periods and upon completion of that period, your Subscription will continue to automatically renew at the then-applicable full rate. You are only permitted one Free Introductory Trial or discounted price offer. If your Subscription is ever cancelled or terminated for any reason, and you purchase a second Subscription, you shall not be eligible for a Free Introductory Trial or discounted price offer on your second Subscription. For combinations with other offers, restrictions may apply.

5) Descriptions: we do our best to provide accurate information on our product pages – including service descriptions, prices, etc. However, we reserve the right to correct pricing errors that may inadvertently occur (which may require us to revoke an offer). Prices and availability are subject to change. We will notify you at least one month before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership before the change takes effect.

3.2 User Rights

Upon purchasing the Insta360+ Services, you gain a range of user rights, including:

1) utilizing the Insta360+ according to the capacity you subscribe to;

2) setting your Insta360 camera to automatically upload material data to Insta360+ during idle times (charging + Wi-Fi environment);

3) editing high-resolution material data within Insta360+;

4) managing your material data in Insta360+ with the same ease as managing local files;

5) sharing your material data with others via a link. The recipients of the link can directly view and download the material data on the web. When sharing, you can set corresponding permissions, including whether recipients are allowed to download the material data, the validity period of the shared link, etc. You can check the shared material data within the Insta360 App/Insta360 Studio, and Insta360 App/Insta360 Studio also supports revoking links that you have already shared.

Please note that Insta360 is not responsible for any subsequent processing of the material data by the recipients. Please note that when recipients access your shared links to view related material data through a web, there is a possibility that third parties may scrape your material data from the web, which could pose a risk of infringing on your personal rights. You acknowledge and agree that Insta360 does not assume any responsibility for the potential infringement risks associated with any third-party data scraping activities.

6) Subscription Benefits(if any, subject to change by Insta360) as specified on your purchase page or Account-Subscription Page, of which Insta360 reserves the final interpretation right regarding the terms and conditions. Please note that the Subscription Benefits are non-transferable to any third party.

3.3 Right of Withdrawal

1) If you purchase Insta360+ through Insta360 app and you choose to cancel your subscription following its initial purchase (or if you are on a monthly, quarterly or annual payment plan, and you choose to cancel your subscription following the commencement of any renewal term), you can unsubscribe directly on the platform(App Store, Google Play) where you previously subscribed to the Insta360+ Services. Upon receiving notification from the platform, Insta360+ will process the refund and cancel the Insta360+ Services. If you purchase Insta360+ through Insta360 store, you can exercise your right of withdrawal within 15 days of the effective date of your initial subscription term by contacting us at service@insta360.com.

2) Effects of cancellation

We will refund you no later than 14 days from the day on which we receive notification from the platform or your refund application at service@insta360.com. Your refund is the remaining amount after deducting your usage amount proportionally from the total price. We will use the same payment method as you used for the transaction, and you will not incur any fees for such refund. You acknowledge that upon cancellation, we may restrict your right to continue uploading or limit the download speed, and we will delete the content of your cloud storage 60 days after the date of receiving notification.

4. Content and Your Conduct

4.1 Content

“Content” means any information that may be generated or encountered through use of the Services. You understand that all Content, whether publicly posted or privately transmitted on the Services is the sole responsibility of the person from whom such Content originated. This means that you, and not Insta360+, are solely responsible for any Content you upload, download, post, email, transmit, store, or otherwise make available through your use of the Services. You understand that by using the Services you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Insta360+ does not control the Content posted via the Services, nor does it guarantee the accuracy, integrity, or quality of such Content. You understand and agree that your use of the Services and any Content is solely at your own risk.

4.2 Your Conduct

You agree that you will NOT use the Services to:

1) upload, download, post, email, transmit, store, share, import or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of other’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;

2) stalk, harass, threaten or harm another;

3) if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;

4) pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Insta360+ user, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (Insta360+ reserves the right to reject or block any account or email address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);

5) engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;

6) post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;

7) forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Services (“spoofing”);

8) upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Services (or any part thereof), or any other computer software or hardware;

9) interfere with or disrupt the Services (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);

10) plan or engage in any illegal activity; and/or

11) gather and store personal information on any other users of the Services to be used in connection with any of the foregoing prohibited activities.

*Special note for Report system:

In order to prevent the dissemination of illegal or infringing content, Insta360 has established a complaint channel accessible by “clicking the [Report] button hidden in the 3-dot icon in the lower right corner of the progress bar”, which is applicable for any shared content that violates aforementioned prohibited content or materials or is regarded illegal or infringing in accordance with applicable laws and regulations. If Insta360 receives report or complaint of illegality or infringement on your shared content, Insta360 may temporarily disable the access to the shared content and conduct content moderation(including manual moderation) on material data shared by you upon prior notice to you and without violating your privacy. Meanwhile, upon notice, you have the right to response to the complaint and submit relevant proof and evidence which will also be taken into account during the content moderation by Insta360. Please understand and agree that during the manual moderation, our staff will check the material data you share and we will do our best to protect your privacy and security. Furthermore, if the shared content is regarded illegal or infringing by Insta360 based on content moderation, Insta360 reserves the right to take appropriate action in response to illegality or infringement, including but not limited to permanently disabling access to the shared content, suspending your access to the Insta360+ Service, or even terminating your Insta360 account.

4.3 Removal of Content

You acknowledge that Insta360+ is not responsible or liable in any way for any Content provided by others and has no duty to screen such Content. However, Insta360+ reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement. Notwithstanding the foregoing, we respect and protect your privacy and your legal rights in regard to the Content. Unless Insta360+ has solid evidence to prove that the content violates mandatory laws and regulations or is required by government or judicial agencies, Insta360+ will not screen, move, refuse, modify and/or remove Content without prior notice or in its sole discretion.

4.4 Back up Your Content

You are responsible for backing up, to your own computer or other device, any important documents, images, or other Content that you store or access via the Services. Insta360+ shall use reasonable skill and due care in providing the Services, but Insta360+ does not guarantee or warrant that any Content you may store or access through the Services will not be subject to inadvertent damage, corruption, or loss.

4.5 Access to Account and Content

Insta360+ reserves the right to take steps Insta360+ believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Insta360+ may, without liability to you, access, use, preserve and/or disclose your account information and any Content to law enforcement authorities, government officials, and/or a third party, as Insta360+ believes is reasonably necessary or appropriate, if legally required to do so or if Insta360+ has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Insta360+, its users, a third party, or the public as required or permitted by law.

4.6 Content Submitted or Made Available by You on the Services

1) License from You. Except for material we may license to you, Insta360+ does not claim ownership of the materials and/or Content you submit or make available on the Services. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Service that are accessible by the public or other users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.

2) Changes to Content. You understand that in order to provide the Services and make your Content available thereon, Insta360+ may generate new proxy files of your Content and transmit your Content across various public networks, in various media. You agree that the license herein permits Insta360+ to take any such actions.

5. Availability

We will use reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, we cannot guarantee this and take no responsibility for any loss or damage that occurs due to an interruption of access to the Services. We may interrupt the Services for maintenance reasons and will endeavor to provide reasonable notice of such planned events.

6. Intellectual Property Rights Statement

6.1 You may upload, post, or transmit content on our Insta360 App, provided that you assume legal responsibility for such Content.

6.2 YOU MUST ENSURE THAT YOU OWN THE COPYRIGHT OR ARE LEGALLY AUTHORIZED TO USE THE CONTENT THAT YOU UPLOAD OR POST ON OUR PLATFORM. UNLESS PROVEN TO THE CONTRARY, BY UPLOADING OR POSTING CONTENT USING OUR PLATFORM SERVICES, YOU HAVE THE RIGHT AND AGREE TO GRANT US, WORLDWIDE, NON-EXCLUSIVE, FREE OF CHARGE, THE RIGHT TO: (1) Store and process your Content, including: anti-shake and de-distortion based on your original video, generating copies of different resolutions, generating thumbnails, and encryption. (2) Generate new videos based on your editing data. (3) If you upload videos to the “Insta360 Community” in the Insta360 App, we may use these videos for publishment, translation or other commercial purposes.

6.3 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 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) the content of our Services without our permission, through any robot, "spider" or other program or device.

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

6.5 Please do not use any of our trademarks, service marks, trade names, domain names, website names or other distinctive brand features, including but not limited to "Insta360" (hereinafter collectively referred to as "Marks"), under any circumstances). 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.

6.6 You understand and acknowledge that when using our Services, you are exposed to content and information from a wide variety of sources and that we cannot be responsible for the accuracy, authenticity, availability, security, completeness and appropriateness of such content and information. You understand and acknowledge that you may be exposed to content and information that is inaccurate, offensive, inappropriate, or objectionable and that you will not hold us liable for such content and information. We do not endorse, recommend, or express an opinion on any content and information uploaded, posted or transmitted by users on our Platform, nor do we accept any liability for errors, defects and loss or damage arising from any content and information, and any use of the content and information by you is at your own risk.

6.7 You agree that we may place commercial advertisements or any other type of commercial information in the course of providing the Services on our Platform in various ways (including, but not limited to, placing advertisements in any location on our Platform and placing advertisements in the content you upload or transmit), and you agree to accept that we may send you promotional or other relevant commercial information. While we send the aforesaid information to you, we will provide you with convenient unsubscription method. If you do not need to receive the aforesaid information, you may choose to unsubscribe from relevant services according to the prompt.

6.8 You represent and warrant that your use of our Insta360+ 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 “Liability for Breach of Contract” at any time and without prior notice.

6.9 Without the written consent of us or relevant obliges, you may not implement, utilize, or transfer the above-mentioned intellectual property rights for any commercial or non-commercial purpose by yourself or by any third party.

7. Termination of Services

7.1 Voluntary Termination or downgrade by You

You may delete your Insta360 Account and/or stop using the Insta360+ Services at any time. (a)If you wish to delete your Insta360 Account, you can apply for cancellation of your account by "Insta360 App-Personal homepage-Edit information-Delete Account", and follow the prompts accordingly to cancel. This action may be non-reversible. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing year during which you terminate. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges. Upon your voluntary termination of your Insta360 Account, we may delete the content of your cloud storage and withdraw your cloud space with prior notice to you. (b)If you want to stop using the Insta360+ service, you can choose to terminate the subscription in the previous subscription platform(App store, Google Play or “Account-subscription Page” of Insta360 store). Your failure to pay any fees owed by you in relation to the Service after being given 30 days’ notice from Insta360 will be regarded as a voluntarty termination of the subscription as well. You acknowledge that upon your termination of the subscription, we may restrict your right to continue uploading or limit the download speed, and we will delete the content of your cloud storage 60 days after the date of receiving notification.

In the event that you choose to downgrade your subscription plan (reducing the storage capacity of your cloud space) without removing the overstored content, we may restrict your right to continue uploading or limit the download speed, and we will delete the overstored content 60 days after the date of receiving notification about your downgrade.

7.2 Termination by Insta360+

Insta360+ may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Insta360+ in its sole discretion and Insta360+ will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Services.

7.3 Effects of Termination

Upon termination of your Insta360 account you may lose all access to the Services and any portions thereof, including, but not limited to, your account, and Content. In addition, Insta360+ will delete information and data stored in your account. Any individual components of the Services that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.

Upon your termination of the subscription, we may restrict your right to continue uploading or limit the download speed, and we will delete the content of your cloud storage 60 days after the date of receiving notification.

8. Protection of Users’ Personal Information

8.1 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+ 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 APP.

8.2 In general, you can browse and modify the information you submit at any time, but for security and identification reasons, you may not be able to modify the initial registration information and other verification information provided during registration.

8.3 We will not disclose your personal information to any company, organization, or individual outside of us without your consent, except as otherwise provided by law or regulation.

8.4 We attach great importance to the protection of minors' personal information. If you are a minor under the laws of the jurisdiction in which you reside, you are required to obtain the written consent of your parent or legal guardian before using our platform.

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.

1) In case you violate this Agreement or other terms of service, we have the right to take measures such as advanced warning, refusal to post, immediate suspension of transmission of information, restriction of part or all of the account features until termination of the provision of services, permanent closure of an account, etc., at our independent judgment and as appropriate, for which you are unable to use your account and related services normally and We shall not be responsible for any consequences such as not being able to access the relevant rights and interests in your account normally. We have the right to announce the results of the processing and decide whether to restore the use of the relevant account according to the actual situation. We will keep records of suspected violations of laws and regulations and suspected illegal and criminal acts, and have the right to report to relevant authorities, cooperate with relevant authorities in investigations, and report to public security authorities, etc. We have the right not to restore the deleted content.

2) If you violate the provisions of this Agreement or other terms of service, resulting in complaints or litigation claims from third parties, you shall deal with them yourself and bear all legal responsibilities that may arise from them. If we, our affiliates, control companies or successor companies pay compensation to any third party or suffer punishment from state authorities as a result of your illegal or breach of contract, etc., you shall also fully compensate us, our affiliates, control companies or successor companies for all the losses suffered as a result.

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 the text, pictures, videos, audio, links, etc. uploaded while using our platform services do not infringe on the intellectual property rights, reputation, name rights, privacy and other legal rights and interests of any third party. Otherwise, we have the right to remove the allegedly infringing content if we are notified by the proprietor or the relevant party. If we, our affiliates, controlled companies, or successor companies suffer losses (including but not limited to economic and goodwill losses) as a result of your infringement, you shall also fully compensate us, our affiliates, control companies or successor companies for all losses suffered.

10. Disclaimer of Warranties

10.1 To the extent permitted by applicable law, our Services 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.

10.2 To the maximum extent permitted by applicable law, you expressly acknowledge and agree that your use of our 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 Services or the terms of our Services 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, or collection, storage or transmission through our Platform; (v) errors, system failures, network or system outages, file corruption or interruptions in service; or (vi) any other use of our Services by you. In addition, we shall not be liable if our Services (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.

10.3 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 shall affect your legal rights as a consumer, nor can such rights be varied or waived by you by agreeing to this Agreement.

11. General

11.1 Notices

You agree that we may serve notices of any kind on you in the following reasonable manner. (1) Publicly announced copy. (2) Site/APP messages, pop-up messages, and push messages. (3) Emails, SMS, correspondence, etc., based on the contact information you have reserved on our Platform.

If you have any questions about this Agreement, please do not hesitate to contact us.

Email us at: service@insta360.com

Or write to us at: 12F, Building T2, Everest Qianhai Financial Center, Nanshan District, Shenzhen, Guangdong Province, China, post code: 518000

11.2 Governing Law

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.

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, USA without regard to its conflict of law’s provisions. 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.

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.

11.3 Entire Agreement

This Agreement constitutes the entire agreement between you and Insta360+, governs your use of the Services and completely replaces any prior agreements between you and Insta360+ in relation to the Services. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Insta360+ to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.