Knocki Terms of Service
“Knocki” shall mean Knocki branded hardware, the Knocki companion mobile application, and any server-based software or services provided by us to support the hardware or application.
Arbitration notice: except if you opt-out and except for certain types of disputes described in the arbitration section below, you agree that disputes between you and Swan Solutions, Inc will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
2. Basic Terms
- 2.1: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for customizing your Knocki hardware and software experience, and for developing improvements to Knocki.
- 2.2: You may not use Knocki for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of Knocki.
- 2.4: We reserve the right to modify or terminate any server software or applications (including mobile applications) or your access to the Knocki Service for any reason, without notice, at any time, and without liability to you.
- 2.7: We reserve the right to refuse access to the Service to anyone for any reason at any time.
- 2.8: We reserve the right to force forfeiture of any username for any reason.
3. Disclaimer of Warranties
- 3.1: Knocki is provided on an "as is", "as available" and "with all faults" basis. to the fullest extent permissible by law, neither we nor any of our employees, managers, officers or agents (collectively, the "Knocki Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied.
- 3.2: The Knocki parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses.
4. Product Usage and Indemnity
- 4.1: Swan Solutions, Inc is not responsible for how you use Knocki, how this might affect you, and the risks that you are exposed to due to the usage of Knocki, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected to your use of Knocki.
- 4.2: You acknowledge and agrees that Knocki and Service are not manufactured, designed or authorized for use and shall not be used, sold for use, or incorporated into modules for use in any medical application or life support or safety equipment or any application where performance of the product (either by itself or in conjunction with other components) can result in personal injury or death. Any use or sale or incorporation into modules of Knocki shall be fully at your own risk.
- 4.3: You agree to NOT use Knocki where Product Failure might lead to personal injuries, deaths, damage to or destruction of tangible property, or where Product Failure risks your or anyone else’s personal health in any way.
- 4.4: You confirm that you are aware of and understand that Knocki will NOT function at all times and that Product Failure will occasionally occur. (For example, you confirm that you understand that using Knocki will not always trigger your desired action or functionality. This includes, but is not limited to, use of Knocki in relation to health or safety.
- 4.5: Knocki strongly advises you to always verify that the use of Knocki gives you the expected results.
- 4.6: You shall indemnify and hold harmless Swan Solutions, Inc and any our employees, directors, officers or agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including attorneys’ fees), which are caused by, are related to, or arise out of usage of Knocki, claims of Knocki liability or similar claim regarding the marketing, manufacturing, performance or design of Knocki, including, but not limited to, any failure or alleged failure to warn of a hazard, defect, or alleged hazard or alleged defect of a Product, which results in personal injury, including death, or damage to or destruction of tangible personal property. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
5. Limitation of Liability; Waiver
Under no circumstances will we be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) Knocki; (b) your use of, inability to use, or the performance of Knocki; (c) any action taken in connection with an investigation by us or law enforcement authorities regarding your or any other party's use of the service; (d) any action taken in connection with copyright or other intellectual property owners; (e) any errors or omissions in the service's operation; or (f) Product Failure. In no event will we be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. In no event will total liability to you for all damages, losses or causes or action exceed one hundred united states dollars ($100.00).
6. Governing Law and Arbitration