Insta360’s User Service Agreement is Scaring Users But Is Pretty Normal

Insta360 users have noted some concerning language in the company’s user service agreement. However, scary as it may seem, nothing is out of the ordinary — for better or worse.

As software and technology become more integrated into people’s lives and how they create and share content, people are beginning to pay closer attention to the terms of use and service agreements that most users skim and accept without a second thought.

While users need to read the things they agree to, it is also important to recognize that legal documents often sound terrifying and invasive. Adobe learned this the hard way and changed course to include plain-language descriptions of some of the more complex or concerning parts of their user agreement documents.

Insta360’s User Service Agreement Looks Scary

Insta360 is now facing the same situation as users wonder what they are permitting the company to do with their content. Insta360’s user service agreement, last updated in July, includes an intellectual property section that has raised people’s hackles online, including in the 360° Panoramic Photographers group on Facebook.

“This explicit commercial use rights grab in insta360 User Service Agreement is somewhat troubling,” writes group admin Sam Rohn. “This language goes far beyond typical user agreements of other camera companies and sharing services in specifying ‘commercial exploitation’ of user content.”

The section in question, highlighted in Rohn’s post and the image below, suggests that Insta360 gets worldwide, non-exclusive, free use of people’s content uploaded to Insta360’s platform. That sounds bad.

“Not uploading any content anymore,” one user responds.

Rohn comments, “So is it just me or is [this] the most explicitly egregious rights grab I have ever seen from any camera company or image sharing website?”

It is understandable why people would see Insta360’s legalese and grow worried.

Insta360’s Response

PetaPixel contacted Insta360 for clarification.

“For the content that users upload or share on our platform, Insta360 is granted only a limited license to use this content for specific purposes such as formatting for display and distribution within the Insta360 Community form and community functions of Insta360 software,” Insta360 tells PetaPixel.

“We understand that these terms may have caused concern among some users. We always welcome feedback from our community to update the user agreement and make sure we’re on the right track,” the company adds.

‘Insta360 is granted only a limited license to use this content for specific purposes… ‘

This is not the first time software users have been concerned about granting a usage license to a company, but it is an integral part of an online service. For example, if a company is to display a person’s image on an app or website, even if it is only for a post that the very same user creates on the platform, the hosting company — in this case, Insta360 — must have a right to display that content.

Understandable Fear in the Age of Complex User Agreements

However, some of the terms are still troubling, which is an area where Insta360 could take a page from Adobe’s book and explain what’s happening. For example, “You have the right and agree to grant us, worldwide, non-exclusive, free of charge, the right to: …commercially exploit your uploaded, posted content… ”

“Commercially exploit?” What does that mean?

In basic terms, it means that a company has the right to use its assets, wholly owned or licensed, to make money. In Insta360’s case, its apps — the same apps where people can share and distribute content — include in-app purchases. Insta360 commercially exploits its apps and must have the right to do so, which requires that the company have certain usage rights for all content therein.

Ultimately, Insta360 would be well-served to better clarify what its user service agreement means in real terms that are easy to understand.

GoPro’s terms of use show similar terminology as Insta360’s, including use of the term “exploit.”

And DJI’s terms are similar, too, albeit with slightly less alarming wording.

However, while Adobe’s revised, more transparent approach, inspired by user feedback (and much criticism), is great, it is the exception rather than the rule.

Insta360 is not alone in its heavy use of obtuse legalese — not by a long shot.

As is always the case, users should carefully read user service agreements. It’s good to stay vigilant. That said, legal language can sound much more nefarious than it really is. Using modern services requires handing over quite a few licenses and rights to content, but that doesn’t mean a company is going to sell or steal anything.

Image credits: Featured image created using an asset licensed via Depositphotos.