CRM Terms of Service
By using KnowProcess CRM, you agree to our Terms of Service. If you are using KnowProcess CRM for an organisation, you are agreeing on behalf of that organisation. Our Terms of Service apply to your use of our Websites and Services.
We’ve created this policy to explain as simply and clearly as possible how we provide this service and look after your data.
Introduction
General Rules
To use KnowProcess, you must (a) be at least thirteen (13) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:
- You are responsible for all content you provide and your activities on KnowProcess;
- You will not use KnowProcess for any activity which infringes our rights or the rights of others, or attempt to persuade others to do so;
- You will not use KnowProcess to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us ; and
- You will use KnowProcess in compliance with all applicable laws, rules, and regulations.
If you break any of your promises above or any of the rules in these Terms, we may terminate your account.
As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use KnowProcess. Your use of KnowProcess is at your own risk.
Intellectual Property
You own your data and content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.
We own KnowProcess and our Services (“Software”). All such Software is protected by the applicable copyright and / or patent of either KnowProcess or a third-party. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.
Any trademarks, logos and service marks displayed on this website are the property of their owners, whether KnowProcess or third parties. For example, Spring is a registered trademark of Pivotal Software, Inc.
You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into KnowProcess or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.
Passwords and Accounts
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorised use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords.
You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.
Data Privacy and Cookie Policy
What is a Cookie?
Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. For simplicity other similar technologies are covered by the term Cookie in these Terms.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.
It is important to note that if you change your settings and block certain cookies, you will not be able to take full advantage of some features of our Services, and we might not be able to provide some features you have previously chosen to receive.
Third party cookies embedded in KnowProcess
We use Google Analytics to help us understand how visitors use our Services. We use the information to compile reports and to help us improve the Services. The cookies collect information in an anonymous form, including the number of visitors to the site, where vistors have come to the site from and the pages they visited.
Click here for an overview of privacy at Google
How does KnowProcess use Cookies?
When you login to our Service we store a record of your account details on your web browser that avoids you needing to login for a period of time. This does not include your password but you should take care to logout if using a shared computer to avoid this personal information being left behind and potentially compromising your account.
Payment Terms
Free Trial: This offer entitles new, registered users to a thirty (30) day free trial of the Services. For all plans, you authorise us to charge you according to the plan you choose at the then current plan rate, and any other charges you may incur in connection with your use of the Services, such as taxes, duties, and possible transaction fees.
Monthly Plan: A valid credit card is required for you to continue using the Services on a month-to-month basis after the thirty (30) day free trial period ends. The Services are billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months, for account upgrades or downgrades, or for months unused with an open account.
Annual Plan: Payment in advance is required to continue using the Services on an annual basis after the thirty (30) day trial period ends. The Services are billed in advance on a yearly basis. If you decide to terminate your Annual Plan, we will refund you a prorated amount for the period from the date of your termination to the end of your current Annual Plan. All other refund requests must be made in writing and we reserve the right to deny such request for any reason.
We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to KnowProcess or by email.
Cancellation and Termination
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by going to Profile and closing your account. An email or phone request to cancel your account is not considered cancellation. You will not be charged after cancellation. There is no cancellation fee.
In the event of cancellation or termination your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. All personal data will be removed as soon as practically possible but we retain the right to retain anonymised data for analytical purposes.
We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.
API Terms
You may access your KnowProcess account data using the KnowProcess API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses KnowProcess, is bound by these Terms.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) resulting from your use of the API or third-party products that access your data via the API.
Abuse or excessively frequent requests to KnowProcess via the API may result in the temporary or permanent suspension of your access to the API. We may, at our sole discretion, determine abuse or excessive usage of the API. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Small Print
Indemnification
You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of KnowProcess.
Representations and Warranties
To the maximum extent permitted by law, we provide KnowProcess on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) KnowProcess will meet your specific requirements, (ii) KnowProcess will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of KnowProcess will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through KnowProcess will meet your expectations, and (v) any errors in KnowProcess will be corrected.
Limitation of Liability
To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.
We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of KnowProcess and any linked sites and services. Your sole remedy against us for dissatisfaction with KnowProcess is to stop using KnowProcess. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.
If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of KnowProcess, including all disputes, will be governed by the laws of the United Kindgom. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Websites or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Force Majeure
You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.
Severability
If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.
Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
No Waiver
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Entire Agreement
These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of Know Process, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).
Amendments and Changes to KnowProcess
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance KnowProcess shall be subject to the Terms.
It is your responsibility to check the Terms periodically for changes. Your continued use of KnowProcess following the posting of changes will mean that you accept and agree to the changes.
We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to KnowProcess, or any portion of KnowProcess for any reason; (2) to modify or change KnowProcess, or any portion of KnowProcess, and any applicable policies or terms; and (3) to interrupt the operation of KnowProcess, or any portion of KnowProcess, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
If you have any questions or concerns about the Terms, please email our Data Protection Officer at dpo@knowprocess.com.
Last updated: 13 Dec 17