Last Updated at November 29, 2022
a) The Service. KnowHow enables users to access step-by-step guidance, instructions, how-tos, and processes on multiple devices, (the “Service”) and the underlying hardware, software, network storage, and related technology required to run the Service is provided by KnowHow and its third-party vendors and hosting partners.
c) Additional Terms. Your use of the Website, the App, and the Service is subject to all additional terms, policies, rules, product documentation, published materials, or guidelines applicable to the Website, the App, and the Service (or certain features and/or functionality thereof) that we may post on or link to from the Website, the App, or the Service (the “Additional Terms”). All such terms are hereby incorporated by reference into these Terms of Service, and may be amended from time to time by us. In the event that any Additional Terms are inconsistent with the Terms of Service, those Additional Terms will control.
b) Account Ownership. If you register for the Service on behalf of a business organization, that business organization will be the legal and beneficial account owner. For the purpose of these Terms of Service, regardless of whether you register for an account as an individual, or on behalf of an organization, the billing contact person will be the default account owner (the “Account Owner”). The Account Owner will have certain rights within the account, including the right to cancel the account within the term of the agreement, delete information from the account, add and remove system users, and appoint administrators. Notwithstanding anything to the contrary contained herein, you acknowledge and agree that the term Account Owner does not convey or connote ownership rights or any other property interest in an account, even where you are designated as the Account Owner, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of KnowHow. Although the Account Owner can also appoint a new Account Owner if the billing contact is not the appropriate person to manage the account, in the event of a dispute regarding entitlement to access an account, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or any other information that KnowHow may reasonably request in its discretion. KnowHow retains the right to determine, in our sole judgment, who the rightful Account Owner is and may transfer an account to the person we consider is the rightful Account Owner. If we are unable to reasonably determine the rightful Account Owner, KnowHow reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
c) Third-Party Accounts. If you access the Website, the App, and/or Service through a SNS as part of the functionality of the Website, the App, and/or the Service, you may link your account with Third-Party Accounts by allowing KnowHow to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to KnowHow and/or grant KnowHow access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating KnowHow to pay any fees or making KnowHow subject to any usage limitations imposed by such third-party service providers. By granting KnowHow access to any Third-Party Accounts, you understand that KnowHow may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials accessible through the Website, the App, and/or Service (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Website, the App, and/or Service via your account. Unless otherwise specified in the Terms of Service, all SNS Content shall be considered to be User Content (as defined in Section 4) for all purposes of the Terms of Service. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website, the App, and/or Service. Please note that if a Third-Party Account or associated service becomes unavailable, or the third-party service provider terminates KnowHow’s access to such Third-Party Account or KnowHow terminates access, then SNS Content will no longer be available on and through the Website, the App, and/or Service. If you decide at any time that you no longer wish to have your Third-Party Account linked to your account, please contact us at email@example.com. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND KNOWHOW DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. You, and not KnowHow, will be responsible for any and all costs and charges associated with your use of any Third-Party Accounts. KnowHow enables these Third-Party Accounts merely as a convenience and the integration or inclusion of such Third-Party Accounts does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Website, the App, and/or the Services are between you and the third party. KnowHow makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and KnowHow is not responsible for any SNS Content.
KnowHow App subscribers please refer to Section 13 below for details relating to subscription plans, fees, and service cancellation through the App.
a) Information on the current fees for Users who are registered for the Service can be found in the billing section of your account, accessed through ‘Settings’. Details can also be accessed on your Agreement. From time to time, we may offer a free trial of the Service, in our sole discretion granting access to the Service for a period of time determined by KnowHow. A valid credit card is required for paying accounts. If you sign up for a recurring (e.g., monthly or annual) paid account, and you do not cancel that account before the end of any provided trial period, you will be billed starting on the first day following the trial period. If you cancel prior to the processing of your first invoice (i.e., up to and including the last day of your free trial), your access to the Service will terminate, and your credit card will not be charged.
b) Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with Section 17 below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at KnowHow’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless (i) in the case of monthly subscriptions, you cancel your subscription before the Renewal Commencement Date, and (ii) in the case of annual subscriptions, you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or, in the event that you receive a notice from KnowHow that your annual subscription will be automatically renewed, you will have thirty (30) days from the date of the KnowHow notice), by contacting a KnowHow representative or removing seats in the Billing Section.
c) Billing, Changes to Service Tiers & Cancellations. The Service is billed in advance on a monthly or annual basis and fees are non-refundable. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you upgrade your account, this will trigger a pro-rated charge which will be processed immediately using the payment method you have provided. If you downgrade your account, we will adjust your billing at the close of your agreed upon Term, normally as a twelve-month term. Downgrading your Service may cause the loss of User Content, features, or capacity of your account. KnowHow does not accept any liability for such loss. If you cancel the Service before the end of your current paid up billing cycle, your account will remain open until the end of the then-current billing cycle and Agreement Term, after which the cancellation will take effect and you will not be charged for the next month or be able to access your account. Prices of all services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon fourteen (14) days’ notice from us. Such notice may be provided by email or through an in-App notification. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. If you dispute any charges, you must let KnowHow know within thirty (30) days after the date that KnowHow charges you, or within such longer period of time as may be required under applicable law.
d) Collection Costs. You are liable for all costs to collect any amounts you owe under these Terms of Services, in addition to the amounts you owe. Collection costs may include attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, applicable interest, and any other related cost.
b) Service Content. You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by KnowHow, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service Content other than as specifically authorized herein is strictly prohibited.
c) Template Content. You bear the risk of any liability related to your use of our system, this includes any actions taken by anyone that you allow to access, reference or interact with your content on our system. Your use of KnowHow is done so entirely at your sole risk. KnowHow is not responsible to you or any third parties for any direct or indirect, consequential, special or punitive damages or losses you may incur in connection with our system, your use thereof or any of the data or other materials transmitted through or residing on our system, regardless of the type of claim or the nature of the cause of action, even if we have advised of the possibility of such damage or loss. Similarly, if anyone using your content, whether current or outdated, experiences injury or damage, or injures or damages a third party, we are not responsible. KnowHow has template content available to aid in creating processes, workflows and general how-to training, but use of this content is done at your own risk. KnowHow is not responsible for any damage or loss that occurs from any users following unedited or edited versions of templated content made available within the System. Templated content provided within the system is owned by KnowHow. Content accessed through a Third-Party Content Library in connection to a member network or vendor belongs to the content provider. The Third Party is not liable for any loss resulting from the content. Content created during an implementation engagement deemed generic content may be added to the KnowHow System Template Library (examples include generic third-party content freely available in the public domain such as safety practices, operators’ manuals, etc). The KnowHow system allows for a restricted number of pieces of content to be downloaded for the express purpose of situations that require a non-digital version of the content piece or for reporting purposes. Downloading content for the purpose of archiving content outside of the KnowHow system is not permitted, KnowHow reserves the right to restrict access to an account or remove a select user’s access if KnowHow suspects content is being exported for inappropriate purposes. KnowHow will investigate the matter prior to restoring system access.
Translation Services are provided within the KnowHow website and App. KnowHow is not responsible for the accuracy of the translated content. KnowHow makes efforts to ensure the content translation services are reliable and relies on a thid-party translation service provider. Neither KnowHow or its third-party suppliers may be held labile of any loss, injury or error resulting from translated content.
Machine-Learning generated content is provided to accounts must be reviewed and thoroughly edited by users. Content generated created using this service should be considered draft or speculative content generated in association by a third-party service provider. Neither KnowHow or its third-party suppliers may be held liable of any loss, injury or error resulting from content created by or derived from machine-learning generated services on KnowHow.
a) Restrictions Generally. KnowHow reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of our users and the public. In using the Website, the App and/or Service you shall not:
i. copy any content unless expressly permitted to do so herein;
ii. upload, post, email, transmit, or otherwise make available any material that:
aa) is or may be perceived as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
bb) you do not have a right to make available under any law or under a contractual relationship;
cc) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party (including privacy rights);
dd) use communication features of the Service (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
ee) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or App or that of any users or viewers of the Website or App or that compromises a user’s privacy;
ff) contains any falsehoods or misrepresentations or create an impression that you know or ought to know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
gg) poses or creates a privacy or security risk to any person; or
hh) in the sole judgment of KnowHow, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose KnowHow or its users to any harm or liability of any type;
iii. impersonate any person or entity or misrepresent their affiliation with a person or entity;
iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or App or impersonate another person or organization;
v. interfere with or disrupt the Website or App or servers or networks connected to the Website or App, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website or App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
vi. intentionally or unintentionally violate any applicable local, state/provincial, national, or international law or regulation;
vii. collect or store personal information about other users or viewers;
viii. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App;
ix. modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify, or reverse engineer any part of the Website or App or any software provided as part of the Service or to falsely imply that another website is associated with the Service, KnowHow, or any other KnowHow service, except to the extent the foregoing restrictions are expressly permitted by applicable law;
x. solicit personal information from anyone under the age of 18;
xi. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
xii. advertise or offer to sell or buy any goods or services for any business purpose that is not authorized;
xiii. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
xiv. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
xv. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Service, including through the use of virtual private networks; or
xvi. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
If you are blocked by KnowHow from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network or creating an alternate user profile).
b) Acceptable Use. You agree to comply with all applicable laws in connection with the use of the Services, including the provision of any personal information and other Content to KnowHow. You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by KnowHow) of other KnowHow customers, we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on the Website.
c) Competitors. No employee, independent contractor, agent, or affiliate of any company providing process-management software for service businesses is permitted to view, access, or use any portion of the Service without express written permission from KnowHow. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of KnowHow or any of its affiliates, or acting on behalf of a competitor of KnowHow in using or accessing the Service.
e) General Practices Regarding Use and Storage. You acknowledge that KnowHow may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on KnowHow’s or its third-party service providers’ servers on your behalf. You agree that KnowHow has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that KnowHow reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that KnowHow reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
By submitting, posting, or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid license (with the right to sublicense) to use, copy, modify, transmit, display, and distribute such User Content: (a) to the extent necessary to provide the Service; (b) to create aggregated and anonymized market research statistics and insights in respect of the customers and industries that use KnowHow; and (c) otherwise use de-identified User Content for the purpose of improving the Service. KnowHow will not be responsible or liable for any use of User Content in accordance with these Terms of Service. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit.
a) End User License. The App, the Website, and the information and materials contained therein and system data (except for User Content), are the property of KnowHow and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Service, KnowHow grants you a non-transferable, non-transferable, non-exclusive, revocable license to (a) use the Website for your use, and (b) download, install, and use one copy of the App on a mobile device that you own or control for your use. For clarity, the foregoing is not intended to prohibit you from installing the App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading an App grants you the aforementioned rights in connection with the installation and use of the App on one device.
b) App Stores. With respect to the access through or download of the App from the Apple App Store, Google Play, or any other third-party marketplace (each an “app store”), you will only use the App: (i) on the branded device of the applicable app store owner, if required by the app store owner’s marketplace terms and conditions; and (ii) as permitted by the “Usage Rules” set forth in the applicable app store terms of service. The App is licensed to you and not sold. Nothing in these Terms of Service gives you a right to use the KnowHow names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or within the App. Any future release, update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms of Service.
c) Special Notice for International Use; Export Controls. The Service is not intended for visitors in countries or territories on the sanctioned lists of Canada (https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/current-actuelles.aspx?lang=eng) or the United States (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information). Access to the Service from such countries or territories, or by individuals where such access is otherwise illegal, is prohibited. By accessing the Service, you represent and warrant that you are not located in any such countries or territories and are not designated or described on any relevant list of prohibited, restricted, sanctioned, or debarred parties maintained by Canada or the United States. Software available in connection with the Service and the transmission of applicable data, if any, is subject to export controls, and no software (including the App) may be downloaded from the Service or otherwise exported or re-exported in violation of export laws. Downloading or using any software (including the App) is at your sole risk. In addition, we make no representation that the Service is appropriate or available for use outside of the United States and Canada.
a) Mobile Services. The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through the App (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
b) Telephonic Communications Services. By using the Service and providing us with your telephone number(s), you are consenting to be contacted by KnowHow or its affiliates or partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of KnowHow or its affiliates or partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts, or other telephonic communications. You do not have to consent to receive calls or text messages from KnowHow or its affiliates or partners for marketing or solicitation purposes to purchase KnowHow’s products or services. In the event you no longer wish to receive such calls, text messages, or other telephonic communications, you agree to notify KnowHow or its affiliates or partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your KnowHow account information to ensure that your messages are not sent to a person that acquires your old telephone number.
There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS, or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS, or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
By replying to any text, SMS, or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation.
You can also invite others to use the Service or refer service businesses through the Website or App by providing the numbers or other contact information of those you want to invite or provide a referral, or by selecting the individuals you want to invite or provide a referral from your contacts list (if you have uploaded one), and taking the actions to send those individuals an invitation message or referral. By inviting others to use the Service or providing others a referral, you represent to us that those you invite or provide a referral to consent to receive the invitation messages or referrals and that you are authorized to convey that consent to us.
If you provide KnowHow with any suggestions, comments (including, without limitation, endorsements, reviews, and testimonials), or other feedback relating to any aspect of the Website, the App, and/or Service (“Feedback”), KnowHow may use such Feedback in any way it reasonably determines appropriate, which may include modifying and improving the Website, App, and/or Service, KnowHow’s other current and future services and products, and/or KnowHow’s advertising or marketing materials (collectively, “KnowHow Offerings”). Accordingly, you agree that: (a) KnowHow is not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to KnowHow; (c) KnowHow (including all of its successors and assigns and any successors and assigns of any of the KnowHow Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any KnowHow Offerings; and (d) you are not entitled to receive any compensation or reimbursement of any kind in respect of the Feedback.
You agree to cooperate with KnowHow in conducting reasonable due diligence into any complaint that you or your customers receive relating to the Service (including performance of any components of the Service such as the account security and fraud prevention tools) and you agree that you will cooperate with KnowHow to ensure appropriate action is taken in response to such complaints where necessary.
The Website and App (including User Content) may contain links to other websites that are not owned or controlled by KnowHow or may make it possible for you to elect to use third-party services with the Service where such third-party service providers have integrated with the Service (“Third-Party Integration Partners”). In no event shall any reference to any third party, third-party product or service be construed as an approval or endorsement by KnowHow of that third party, third-party product or service. KnowHow is also not responsible for the content of any linked websites or for the delivery of any product or service offered by third-parties including Third-Party Integration Partners. In order to receive access to a Third-Party Integration Partner’s products or services, you will need, in most cases, to sign-up directly with the Third-Party Integration Partner. For certain services offered by Third-Party Integration Partners, you will be required to pay a fee to KnowHow to turn on the third-party service. Any third-party websites or services (including those offered by Third-Party Integration Partners) are subject to the terms and conditions of those websites and/or services and you are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that KnowHow endorses or accepts any responsibility for the content or use of such websites, and you hereby release KnowHow from all liability and damages that may arise from your use of such websites or receipt of services from any such websites. While KnowHow does not prohibit linking to third-party websites and content, it does not wish to be linked to or from any third-party website which contains, posts, or transmits any of the prohibited content in Section 7 of these Terms of Service. KnowHow reserves the right to prohibit or remove (or require you to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
KnowHow may from time to time offer promotions, sweepstakes, giveaways, and contests on the Website. Participation in such initiatives requires your agreement to the contest rules that govern the specific promotional event.
From time to time, KnowHow may, in its sole discretion, invite you to use or otherwise make available to you, on a trial or evaluation basis only, pre-release or beta features, technologies, or services that are in development and which are not yet available to all of our customers (“Beta Services”). Beta Services are not part of the Service, and Beta Services may be subject to additional terms and conditions, which KnowHow will provide to you prior to your use of the Beta Services. You must comply with all terms related to any Beta Services and unless otherwise specified in the applicable additional terms, we grant you a non-exclusive, revocable, non-transferable limited license to use the Beta Services. KnowHow may add or modify terms related to access to or use of any Beta Services at any time.
Such Beta Services and all associated content, data, and materials relating thereto (including any information relating to your access, use, testing, or evaluation of Beta Services such as observations or information regarding the performance, features, and functionality of Beta Services) (collectively “Beta Service Data”) will be owned by and constitute Confidential Information of KnowHow and is subject to the confidentiality provisions in these Terms of Service. You agree that you will not disclose or use any Beta Service Data except for your internal evaluation purposes of any Beta Service.
The Beta Services are provided on an “as-is” and “as available” basis and may contain bugs, errors, or other problems. KnowHow makes no representations or warranties of any kind in relation to the Beta Services. KnowHow hereby disclaims all liability for any harm or damage arising out of or in connection with a Beta Service.
KnowHow may suspend or terminate your access to or use of any Beta Service at any time. Your access to and use of each Beta Service will automatically terminate upon the release of a generally available version of the applicable Beta Service or upon notice of termination by KnowHow. On termination of your access to or use of any Beta Service for any reason, (a) you will not have any further right to access or use the applicable Beta Service, and (b) any content used in the applicable Beta Service may be deleted or inaccessible. KnowHow may change or not release a final or commercial version of a Beta Service in our sole and absolute discretion.
THE WEBSITE, SERVICE, APP, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS” AND KNOWHOW DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. IN ADDITION, KNOWHOW SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. KNOWHOW DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD-PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND KNOWHOW SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD-PARTY. KNOWHOW WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
UNDER NO CIRCUMSTANCES SHALL KNOWHOW BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE, APP, OR SERVICE, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION, OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (F) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF KNOWHOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU SHALL INDEMNIFY AND HOLD KNOWHOW AND ITS SUBSIDIARIES, AFFILIATES, THIRD-PARTY PARTNERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “KNOWHOW PARTIES”) HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, THE RIGHTS OF ANY THIRD-PARTY, OR ANY APPLICABLE LAW OR REGULATION. KnowHow will provide notice to you of any such claim, suit, or proceeding. KnowHow reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this provision, and you agree to cooperate with any reasonable requests assisting KnowHow’s defense of such matter. You may not settle or compromise any claim against the KnowHow Parties without KnowHow’s written consent. This provision does not require you to indemnify KnowHow for any unconscionable commercial practice by KnowHow or for KnowHow’s fraud, deception, false promise, misrepresentation, concealment, suppression, or omission of any material fact in connection with the Website or any Services provided hereunder.
Sections 6, 9, 14, 15, 16, 17, 20, 21, 22, 23, and 24, any outstanding payment obligations, and any other rights or obligations that by their nature should survive, in each case will survive the termination or expiry of these Terms of Service or your account for any reason.
KnowHow may alter, suspend, or discontinue the Website, App, and/or Service at any time and for any reason or no reason, without notice, but will endeavor to provide notice of the same. The Website, App, and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. KnowHow may periodically add or update the information and materials on the Website, App, and/or Service without notice. You may need to update third-party software from time to time in order to use the Website, App, and/or Service.
Security Generally. KnowHow maintains a security program with appropriate administrative, technical, organizational, and physical security measures designed to protect your Content against unauthorized access, disclosure, and loss. However, information sent or received over the internet is generally insecure and KnowHow cannot and does not make any representation or warranty concerning security of any communication to or from the Website or the App or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for creating and keeping secure a strong password that you use to access the Service and you are responsible for any activities or actions under the account protected by your password. It is recommended that the password you use to access your account is unique to KnowHow. If you create an account on behalf of a corporation or entity, you are responsible for any actions of administrative users you add to your account and you are liable for any payment obligations that they incur. User accounts are intended for one user only and are not to be shared by multiple users. If KnowHow suspects an individual account is being used by more than one user, KnowHow reserves the right to restrict access to this user account. KnowHow will not be liable for any loss or damage arising from your failure to comply with these requirements. KnowHow strongly encourages all users to ensure their system password is sufficiently complex, and when possible, make use of two-factor services or Social Sign-on services, and that users should at no time share their password with anyone else.
a) “Confidential Information” means information of a party (“Disclosing Party”) that the other party (“Receiving Party”) receives in connection with the Service, which based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential to the Disclosing Party, including, without limitation, customer information, transactional information, and any other non-public content posted, transmitted or accessed through the Service (including, for the avoidance of any doubt, any Beta Services). A Receiving Party shall: (a) limit access and use of Disclosing Party’s Confidential Information to those of Receiving Party’s employees, agents, and subcontractors that require such access and use in connection with such party’s obligations hereunder, who each treat such Confidential Information as provided in this Section, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained in this Section; (b) not disclose Disclosing Party’s Confidential Information to third parties (except those partners or third party service providers used by us to provide some or all elements of the Service and who are bound by duties of confidentiality), unless authorized under this Section; (c) protect the Disclosing Party’s Confidential Information as it protects its own Confidential Information, but in any event with not less than a reasonable degree of care; and (d) not use the Disclosing Party’s Confidential Information for any purpose except as required to perform its obligations hereunder or as otherwise specifically permitted hereunder. Nothing in this Section shall prevent a Receiving Party from disclosing Confidential Information to a third party to the extent that such Confidential Information is: (i) previously known to the Receiving Party prior to disclosure by the Disclosing Party, without any obligation of confidentiality; (ii) publicly known or becomes publicly known through no breach of this Agreement by the Receiving Party; (iii) rightfully received from a third party under no confidentiality obligation with respect to the Confidential Information; or (iv) independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information. In addition, Confidential Information may be disclosed to governments and their agencies under lawful order or judicial order. In the event that KnowHow receives a request or order to release your Confidential Information, we can comply with the same without your consent. We may notify you of this matter to the extent not prohibited by law or the applicable order or unless we deem, in our sole discretion, that notification could be prejudicial and/or might create or further cause injury or harm to persons or property, and subject to section 21(b).
Please note that due to the time consuming and costly nature of addressing disclosure requests, we reserve the right to charge users, on a time and materials basis, for KnowHow’s efforts taken in response to law enforcement requests initiated either at a user’s request or where compelled to comply with court orders, subpoenas and other valid requests in respect of a user’s account.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with KnowHow and limits the manner in which you can seek relief from us.
a) Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, the App, and/or the Service, to any products sold or distributed through the Website, the App, and/or the Service, or to any aspect of your relationship with KnowHow, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) you or KnowHow may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
b) Pre-Arbitration Dispute Resolution. KnowHow is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to KnowHow should be sent to Manifest Labs Inc. dba KnowHow at Suite 2400, 525 8 Ave SW, Calgary AB, Canada, T2P 1G1 with a copy to email@example.com. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If KnowHow and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or KnowHow may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by KnowHow or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or KnowHow is entitled.
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and KnowHow will have no liability or responsibility with respect thereto. KnowHow reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.