Welcome to React Insight (the “App”). These Terms of Service (“Terms”) govern your access to and use of the App provided by React Insight/Emotion Insights (“we,” “us,” or “our”). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

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1. Acceptance of Terms

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By using the App, you affirm that you are at least 18 years old, reside in the United States and have provided accurate information about yourself. You also affirm you will be the only person using this app registered to you.

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2. Changes to Terms

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We may modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page. Your continued use of the App after any changes indicates your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

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3. Use of the App

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You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the App in any way that violates any applicable federal, state, or local law or regulation.

• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the App.

 

4. User Accounts

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To access certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

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5. Subscription Reward

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For using the app and agreeing to our terms of service, you will be given a reward of a streaming service of your choice from a list we provide. This list may change depending on market factors, business factors and other items out of our direct control. You agree to use the reward we provide for the streaming service you choose and cannot sell, give or trade this service to another party for benefit or no benefit.  To maintain this reward benefit, you must provide a specified amount of time using the app and providing accurate scores by you. You further understand we may, at our discretion, analyze your scores and inputs to determine if they are being done with the proper consideration and effort as defined by us.  We may require a video conference, in-app photo during usage or some other method to determine your identity at our discretion.  We may, after a minimum of one warning, remove you from our app usage and subsequent subscription reward.

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6. Intellectual Property

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The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by React Insight/Emotion Insights, its licensors, or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The exception is for content being scored, which may have separate copyrights by its respective owners.

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7. Confidentiality and Non-Disclosure

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7.1. Definition of Confidential Information. The User acknowledges that, through access to and use of the App, they may be exposed to and gain knowledge of valuable, confidential, and proprietary information belonging to the Company ("Confidential Information"). This Confidential Information specifically includes, but is not limited to: (a) The content, data, insights, or materials reviewed, consumed, or generated by the User within the App environment (excluding the User's own input data); (b) The precise rules, mechanics, and criteria for participation in any App programs, including eligibility, scoring methods, and performance metrics; and (c) The specific structure, value, and distribution methods of any rewards, incentives, or compensation offered by the Company for App usage or participation.

7.2. Non-Disclosure Obligation. The User agrees that they shall not, at any time or in any manner, directly or indirectly, disclose, divulge, use, or permit the use of any Confidential Information to any third party. The User must take all reasonable steps to protect the Confidential Information from unauthorized disclosure.

7.3. Duration. This confidentiality obligation shall commence immediately upon the User's first access to the App and shall survive and remain in full force and effect for a period of three (3) years following the date of the User’s last use of the App, regardless of the reason for termination of App access or this Agreement.

7.4. Penalties for Breach (Recommended Addition). The User acknowledges that any breach of this Clause X will cause irreparable harm to the Company for which monetary damages alone would be insufficient. Therefore, in the event of any actual or threatened breach of this Clause, the User agrees to the following penalties and remedies: (a) Immediate Termination: The Company shall have the right to immediately and permanently terminate the User's access to the App and forfeit any accrued or unredeemed rewards, points, or incentives; (b) Injunctive Relief: The Company shall be entitled to seek immediate temporary and permanent injunctive relief to stop the disclosure, without needing to post a bond; and (c) Monetary Damages: The Company shall be entitled to recover from the User any and all monetary losses, including, but not limited to, actual damages, consequential damages, lost profits, and the Company’s reasonable attorneys' fees and costs incurred in enforcing this Clause.

 

8. Disclaimers

 

The App is provided on an "as-is" and "as-available" basis without any warranties of any kind, either express or implied. We do not warrant that the App will be uninterrupted or error-free, that defects will be corrected, or that the App is free of viruses or other harmful components.

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9. Limitation of Liability

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In no event shall React Insight/Emotion Insights, its affiliates, licensors, or service providers, or their respective directors, officers, employees, agents, contractors, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, arising from or related to your use of or inability to use the App.

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10. Indemnification

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You agree to defend, indemnify, and hold harmless React Insight/Emotion Insights, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, service providers, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App.

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11. Governing Law

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These Terms shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal or state courts located in Loudoun County, Virginia.

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12. Contact Us

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If you have any questions about these Terms, please contact us at:

React Insight/Emotion Insights: support@reactinsight.com