Knocki Terms of Use

These Terms of Use are effective November 3rd, 2018.

THIS IS AN AGREEMENT BETWEEN YOU AND SWAN SOLUTIONS, INC. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING KNOCKI. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE KNOCKI.

For purposes of this Privacy Policy. “Us”, “We”, “Our” shall mean Swan Solutions, Inc.

“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.

By accessing or using Knocki, you agree to be bound by these terms of use ("Terms of Use").

These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Product or Service.

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
  1. 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. 2.2: 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.
  3. 2.3: You must comply with our Privacy Policy
  4. 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.
  5. 2.5: Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  6. 2.6: We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. You agree that we may notify you of the Updated Terms by posting them online, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  7. 2.7: We reserve the right to refuse access to the Service to anyone for any reason at any time.
  8. 2.8: We reserve the right to force forfeiture of any username for any reason.
3. Disclaimer of Warranties
  1. 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.
  2. 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
  1. 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.
  2. 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.
  3. 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. 4.4: 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.
  5. 4.5: Knocki strongly advises you to always verify that the use of Knocki gives you the expected results.
  6. 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
  1. 6.1: These Terms of Use shall be governed by and construed in accordance with USA law.
  2. 6.2: Any dispute, controversy or claim arising out of or in connection with These Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in the state of Texas.