FREEMIUM SOFTWARE LICENSE AGREEMENT
For 3-Cubed Software by Insorce Operational Optimizers Pvt. Ltd.
This Agreement is made and entered into by and between:
- Insorce Operational Optimizers Pvt. Ltd., a company incorporated under the Companies Act, 2013, with its registered office at 4 Pentacle, Vivek Singh Lane, Cumballa Hills, Mumbai 400026, India ("Insorce" or "Licensor"),
- You ("User" or "Licensee"), an individual or legal entity agreeing to be bound by this Agreement by accessing or using the Software.
1. Definitions
- Software: The '3-Cubed' Operational Optimization Platform, including all updates, modules, and documentation.
- Freemium Version: Limited-use version of the Software provided free of charge for internal business evaluation.
- Data: All data entered into or processed by the Software by or on behalf of the User.
- Documentation: Manuals, user guides, and other materials supplied or made available by Insorce.
2. License Grant
Insorce grants the User a non-exclusive, non-transferable, revocable license to access and use the Freemium Version of 3-Cubed solely for internal business or organisational purposes, excluding any personal or private use. The scope of permitted commercial use shall be subject to the restrictions under clause 3.
3. Restrictions
-
The User agrees not to:
- Modify, disassemble, decompile, reverse engineer, or create derivative works of the Software;
- Use the Software to provide services to third parties;
- Attempt to access data belonging to other users or entities;
- Bypass or disable any security or usage restrictions;
- Transmit any malware, viruses, or harmful code;
- Users must not attempt to upload or store confidential or sensitive personal data within 3-Cubed, as the system is not designed to process or safeguard such information beyond standard registration data.
- As part of the registration process, Insorce collects limited personal and professional information (including name, email, designation, organization, and phone number).
- This information may be used to send service-related communications and relevant marketing material, unless the user opts out.
- Insorce will never sell or trade this data to third parties.
- Data handling practices comply with applicable Indian data protection laws, including the IT Act, 2000, Digital Personal Data Protection, 2023 and its amendments.
4. Data Privacy and AI Usage
Insorce may collect and process anonymized usage data to improve services and functionality.
Data input into the system may be processed by machine learning or Generative AI features. No personally identifiable information (PII) is used in AI/ML processing.
The Software incorporates machine learning and may use Generative AI (GenAI) to enable specific features and enhance user experience. In doing so:
- No Personally Identifiable Information (PII) is used in any form for AI training or processing.
- All data used for machine learning or GenAI purposes is anonymised and aggregated, following industry-standard practices to ensure it cannot be traced back to any individual or organization.
- Data anonymization includes the removal or obfuscation of any direct identifiers before any processing.
AI/Agent Output Disclaimer
All analytics, recommendations, or content generated by the Software, including through any agentic or AI-powered features, are intended for informational purposes only. The User remains solely responsible for evaluating and implementing any actions or decisions based on such output. Insorce makes no representations or warranties regarding the accuracy, suitability, or fitness of any such recommendations for any particular purpose or context.
International Use and Data Protection
The Software is primarily intended for use within India and is governed by Indian law, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023. Insorce does not represent or warrant that the Software complies with data protection laws or regulations of other jurisdictions, including but not limited to the General Data Protection Regulation (GDPR) or California Consumer Privacy Act (CCPA). Users accessing the Software from outside India do so at their own risk and are solely responsible for compliance with any applicable local laws. Insorce expressly disclaims any liability for failure to comply with non-Indian data protection requirements.
5. Intellectual Property
The Software, including all enhancements, modifications, and intellectual property rights, remains the exclusive property of Insorce.
6. Ownership and Access Rights
- Input Data - Users retain all right, title, and interest in the data they upload or otherwise submit to the Software (“Input Data”).
- Result Data - Users also own the results of any analytics, reports, or other processing performed on their Input Data (“Result Data”), and may download or export such Result Data in accordance with the Data Retention policy.
- The right to perform analytics or generate system-produced content via the Software is granted on a time-limited basis (e.g., during the applicable subscription or trial period).
- Users have no entitlement to continued analytics services, system-generated content, or access to underlying AI/ML models beyond their active subscription or trial term.
Confidentiality
Except as otherwise provided in this Agreement, each party agrees to maintain the confidentiality of any non-public, proprietary, or confidential information received from the other party in connection with the Software or this Agreement, and not to disclose such information to any third party except as required by law or as necessary to fulfill the purposes of this Agreement. This obligation does not apply to information that is independently developed, publicly available, or lawfully received from a third party.
7. Hosting and Access
The Software is hosted on Amazon Web Services (AWS) in a secure environment.
The Freemium version of the Software is provided as-is, with no guarantee of service uptime or availability.
Insorce may include experimental or beta features in the Freemium version from time to time. While these features are tested internally, users acknowledge that such functionality may still contain bugs, errors, or performance issues.
Insorce will make reasonable efforts to address reported issues promptly, but makes no commitments regarding response or resolution times.
Users are encouraged to report any problems or feedback related to the Freemium version by contacting support@insorce.ai.
8. Technical Support
Users may access self-service resources through the knowledge base, and may submit inquiries via email to support@insorce.ai. While Insorce may respond to such inquiries—especially for feedback or sales-related queries—it is not obligated to do so under the Freemium plan.
For prioritized or guaranteed support services, users must upgrade to a paid subscription with a premium support plan.
9. Security and Data Retention
Insorce follows ISO 27001-compliant security standards.
User data in the freemium tier will be retained for a maximum of 30 days post account inactivity or termination. Insorce is not liable for any loss of data if backups are not taken before that period.
Data Deletion and User Responsibility
Upon termination or account inactivity, the User is solely responsible for downloading and preserving their Input Data and Result Data prior to the end of the data retention period. Insorce shall have no liability for any loss of data following the expiration of the retention period. All Input Data and Result Data will be permanently deleted or irreversibly anonymized within 30 days after termination or account inactivity.
10. Fair Usage Policy
Use of the Freemium version is subject to a Fair Usage Policy: each user is limited to 3 projects (non-concurrent), with a maximum of 5 users per organization, over a term of 3 months. Large Language Model (LLM) usage is capped at 10 million tokens per project, and 20 million tokens in total across all projects. Exceeding these limits will require the user or organization to upgrade to a paid plan to continue usage.
11. Termination
Insorce may terminate this Agreement at any time, including for breach, misuse, inactivity, or at its sole discretion, with a standard term of 90 days; upon termination, access will cease, data will be returned, and re-registration using the same email or phone number may be blocked.
12. Disclaimer of Warranties
The Freemium Software is provided “AS IS” without any warranties of any kind, express or implied. Insorce does not guarantee performance, accuracy, or fitness for any specific purpose.
13. Limitation of Liability
Insorce shall not be liable for indirect, incidental, or consequential damages. Maximum liability under this Agreement, if any, is limited to INR 1,000.
The User agrees to indemnify, defend, and hold harmless Insorce, its affiliates, and personnel from and against any claims, liabilities, losses, or expenses (including reasonable legal fees) arising out of or related to:
- the User’s breach of this Agreement;
- the User’s use of the Software in violation of applicable laws or third-party rights, including intellectual property rights; or
- any data or content submitted by the User to the Software.
Export Control and Third-Party Components
The User agrees not to access or use the Software in violation of applicable export laws, regulations, or sanctions. The Software may include or interoperate with third-party and open-source software components, which are subject to their own license terms. Insorce provides no warranties or representations regarding such third-party components, and the User’s use of these components is solely at their own risk.
14. Governing Law and Jurisdiction
Dispute Resolution
Any disputes arising out of or in connection with this Agreement that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra, India.
15. General Provisions
This is the complete agreement between the parties regarding freemium use. Insorce may update this Agreement with or without notice by posting an updated version.
Modifications and Notifications
Insorce may update or modify this Agreement at any time by posting a revised version on its website or through the Software. Where practicable, Insorce will notify Users of material changes by email or through an in-app notification. Continued use of the Software after such changes constitutes acceptance of the updated Agreement.
16. Acceptance
By clicking “I Agree”, “Accept”, or similar button, or by otherwise affirmatively indicating acceptance electronically prior to accessing or using the Software, the User expressly acknowledges and agrees to be bound by the terms of this Agreement. Continued use of the Software constitutes deemed acceptance of any amended terms.
17. Acknowledgment
BY ACCESSING OR USING THE SOFTWARE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THIS AGREEMENT.
Annexure: Data Classification for Inputs to 3-Cubed
| Input |
Data Classification |
NER Scrubbing |
Confidential |
| Level3 Process Map |
Highlevel crossfunctional flow (steps, decisions, roles); Internal metadata only; Only abstract step names and logic; no client policy details or screenshots; No client identifiers; Scrubs any entity mentions |
N |
|
| Team Location & Work Hours |
Aggregate headcount, shift patterns, city, work time; Internal aggregated metric; Summary headcount and city only; No employee names or personal schedules; Scrubs any entity mentions |
N |
|
| Products (Inputs/Outputs) |
Labels of items processed (e.g., “Loan application”); Categorical metadata; Generic categories only; ML generated; No document contents; Scrubs any entity mentions |
N |
|
| Volumes |
Aggregate counts of occurrences (e.g., 500); Quantitative metric; Pure numeric summaries; No timestamps, IDs, or case links |
N/A |
N |
| Average Handle Time (AHT) |
Mean time to complete one unit of work; Quantitative metric; Statistical mean only; No individual logs or operator data |
N/A |
N |
| Wait Periods & Deadlines (SLAs) |
Defined delays or policy targets between activities; Configuration parameter; Policy parameters only; No event logs or case timestamps |
N/A |
N |
| Systems & Applications |
Names of software platforms used (e.g., SAP); Categorical metadata; Public platform names; No credentials or config details |
N/A |
N |
| Forms, Modes & Business Rules |
Template names, screen modes, decision criteria summaries; Metadata schema; Highlevel rule descriptors; ML + Library generated; No PII fields or record logic; Scrubs any entity mentions |
N |
|
| Controls & Objectives |
Compliance/risk control categories; Metadata schema; Generic control types; ML + Library generated; Broad objectives only; no audit logs; Scrubs any entity mentions |
N |
|
| Salaries & Seat Cost |
Average FTE salary benchmarks and per seat infrastructure cost; Quantitative metric; Benchmark figures only; No personal payroll or invoice data |
N/A |
N |