Hyperscaler Plan Terms

1. Offer Overview

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The Hyperscaler Plan (the “Offer”) is a specialized, consumption-based offering available to eligible customers operating in AI, BPO, or similar industries with variable workforce structures.

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The Offer provides pricing based on actual usage, subject to defined eligibility criteria and minimum financial commitments. Participation is conditional and subject to these Terms. Insightful reserves the right to approve or deny participation.

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2. Usage-Based Pricing

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Fees under the Offer are based on Customer’s actual usage of the Services (“Usage-Based Fees”), measured by time recorded as user activity (“Tracked Hours”).

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Insightful shall measure and report Tracked Hours in accordance with its standard methodologies, acting reasonably and in good faith.

Upon Customer’s request, Insightful will provide supporting usage data.

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If Customer disputes reported Tracked Hours, Customer must notify Insightful within fifteen (15) days of receipt of the usage report, providing reasonable detail. If not disputed within this period, the reported Tracked Hours are deemed accepted and binding.

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Customer shall pay all undisputed amounts and shall not withhold payment of any undisputed portion of an invoice.

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Customer shall not manipulate or attempt to circumvent the usage-based model, including artificial suppression or inflation of usage. Such actions constitute a material breach.

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3. Pricing and Commitment

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Pricing under the Offer consists of:

• a non-cancellable annual minimum commitment (the “Annual Commitment”);
• a one-time implementation or success fee (the “Success Fee”); and
• Usage-Based Fees applied against the Annual Commitment.

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The Annual Commitment shall be in the amount of USD 30,000. Insightful may allow payment in installments; however, the Annual Commitment remains binding and non-cancellable regardless of payment schedule.

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Usage-Based Fees are applied against the Annual Commitment and reconciled on a quarterly basis. 

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The Success Fee is non-refundable, except in the event of Insightful’s material breach regarding the delivery of implementation services, and may be invoiced upfront or amortized as agreed.

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4. Billing and Reconciliation

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Usage-Based Fees shall be billed on a monthly basis, based on actual usage during the applicable billing period. Quarterly reconciliation shall be performed to ensure alignment with the Annual Commitment, with any shortfall invoiced for the applicable quarter.

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A final reconciliation is performed at the end of each twelve (12)-month period to ensure that the full Annual Commitment has been satisfied, and any remaining shortfall shall be invoiced to Customer.

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If Customer fails to meet usage levels consistent with the Annual Commitment, Insightful may transition Customer to its standard per-user pricing model upon notice.

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5. Term and Termination

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The Offer requires a minimum term of twenty-four (24) months, unless a longer term is agreed.

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Customer may terminate participation in the Offer upon thirty (30) days’ written notice. However, Customer remains liable for all Fees that would have been payable through the end of the applicable Service Term. All Fees are non-refundable, and Insightful has no obligation to waive or write off unpaid amounts.

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Customer acknowledges that the payment obligations under this Section represent a reasonable estimate of damages and are not a penalty.

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6. Eligibility

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The Offer is available only to customers meeting Insightful’s eligibility criteria.

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Eligibility requires workforce growth or fluctuation of at least thirty percent (30%) over a six (6)-month period, based on the difference between the highest and lowest average monthly workforce.

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“Covered Workforce” includes all individuals engaged in Customer’s operations who use or are assigned a device capable of running Insightful’s software.

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Alternatively, Customer may qualify by demonstrating that such workforce fluctuation is reasonably expected within three (3) months.

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Customer shall provide reasonable supporting data, and represents and warrants that it has all necessary rights and permissions to disclose such data. Insightful may verify eligibility using aggregated or pseudonymized data.

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7. General

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These Terms are subject to Insightful’s Terms of Service, Acceptable Use Policy, and Privacy Policy.

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Insightful may modify or discontinue the Offer upon reasonable notice; provided that such changes shall not materially adversely affect Customer’s rights with respect to any active Service Term.