Welcome to KnowMeNow, a trading name registered for JITKYC Limited (“KnowMeNow,” “KMN” “We,” or “Us”). These Terms and Conditions of Use (“Terms”) establish the terms and conditions that apply to you when using the Services (as defined below).
By accessing our websites, mobile applications or other products or clicking “I agree,” or using any of the Services which make reference to these Terms you agree to be bound by these Terms and all terms and/or provisions incorporated by reference. These Terms are important and affect your legal rights, so please read them carefully.
In view of the nature of the Services, if you do not agree to these Terms, you may not access or use the Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Us for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to Us if you violate these Terms.
The term “Services” collectively refers to services provided by Us through KnowMeNow’s website, mobile application, and any other online services offered by KnowMeNow, its affiliates, or subsidiaries, as each may be updated, relocated, or otherwise modified from time to time, and all intellectual property contained therein. The Services include blockchain-based technology that (i) helps you monitor and protect your identity, (ii) provides multi-factor authentication and (iii) enables you to authenticate your identity via scanning and verification of documents, such as passports, identification cards and utility bills.
KnowMeNow may offer access to certain features of the Services as part of a beta test phase. All or portions of the Services included in this test phase may not function correctly, or may contain errors. KnowMeNow is not obligated to correct, nor is it responsible for, errors or the effects of such errors while the beta test phases are active.
KnowMeNow reserves the right to change or modify, at its sole discretion, these Terms at any time and without prior notice. If we make material changes to these Terms, we will do our best to provide notice of such material changes through electronic means including without limitation email notification, through an announcement on our website or any KMN platform, through the Services prior to such material changes taking effect or by updating the “Last Updated” date at the top of these Terms. By continuing to access or use the Services after notice of a material change, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Sites or Services.
In the event of conflict between these Terms and any other written agreement between you and KnowMeNow for the purchase of any Services, the latter shall prevail.
By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (b) do not have more than one KnowMeNow Account, and (c) have full power, authority and capacity to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
3. Registration, Account and Communication Preferences
In order to access and use certain areas or features of the Services, you will need to register for a KnowMeNow account. By creating an account, you agree to (a) provide accurate, current, and complete account information about yourself, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services, or your account. You are responsible for all use of the Services provided to or through your account. KnowMeNow will not be liable for any loss that you may incur as a result of someone else using your credentials, whether with or without your knowledge.
By creating a KnowMeNow account, you also consent to receive electronic communications from KnowMeNow e.g., via email or app notifications. These communications may include notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications via email, including, but not limited to, newsletters, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
When you register with KnowMeNow , we will send you an SMS text message containing a code in order to verify your phone number. By using the Services, you agree to receive this SMS text message. You acknowledge that any terms between you and any third-party provider (such as, for example, Apple, Android) create no obligation or responsibility on the part of KnowMeNow, and that KnowMeNow is not responsible for any failure of warranty by any such third party. KnowMeNow cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.
4. License to Access and Use the Services; User Content
Unless otherwise indicated in writing by us, the Services, and all content and other materials contained therein, including, without limitation, the KnowMeNow logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of KnowMeNow or our licensors or users, as applicable, and are protected by Maltese, European and International copyright laws.
Subject to your compliance with these Terms, KnowMeNow hereby grants you a limited, personal, nonexclusive, nontransferable, nonsublicensable license to access and use the Services and Content solely for your own personal internal use. However, such license does not include any right to (a) sell, resell, or use commercially the Services or Content, (b) distribute, publicly perform, or publicly display any Content, (c) modify or otherwise make any derivative uses of the Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Services or Content, except as expressly permitted by us, and (f) use the Services or Content other than for their intended purposes. Any use of the Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of KnowMeNow or any third party, whether by estoppel, implication or otherwise. This license is revocable by KnowMeNow at any time. Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by KnowMeNow or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
By electing to share User Content with other users of the Services, you grant those users a non-exclusive license to access and use that User Content solely as permitted by the functionality of the Services you elect to utilize. You further acknowledge and agree that KnowMeNow will not be responsible for the actions of other users or third parties that make use of the User Content you share with them via the Services.
KnowMeNow does not back-up any User Content provided, processed, or stored in or through the Services. You are solely responsible for your User Content and the consequences of sharing User Content with KnowMeNow or other users. By posting or publishing User Content, you affirm, represent, and warrant that: (A) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize KnowMeNow and other users of the Services you share it with to use and distribute User Content you provide as necessary to exercise the licenses granted by you in this section, in the manner contemplated by the Services, and these Terms; and (B) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person or organization; or (iii) cause KnowMeNow to violate any law or regulation. KnowMeNow may at any time and without prior notice, remove or block any User Content that we have reason to believe, in our sole judgment, violates these Terms, violates applicable law, or is otherwise objectionable.
Notwithstanding anything to the contrary in these Terms, the Services and Content may contain software components that are subject to separate license terms, in which case those license terms will apply to the access and use of such software components.
“KnowMeNow,” the KnowMeNow logo and any other KnowMeNow product or service names, logos or slogans that may appear on the Services are trademarks of KnowMeNow and may not be copied, imitated or used, in whole or in part, without our prior written consent. You may not use any metatags or other “hidden text” utilizing “KnowMeNow” or any other name, trademark or product or service name of KnowMeNow without our prior written consent. You acknowledge that this name and these marks are famous and internationally known. You will not, at any time or for any reason, challenge the validity of, or KnowMeNow’s ownership of, the foregoing name and marks, and you waive any rights you may have at any time to do so. All use of KnowMeNow’s name, logo, and marks by you will inure exclusively to the benefit of KnowMeNow. In addition, the look and feel of the Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of KnowMeNow and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by KnowMeNow.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray KnowMeNow or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time, at KnowMeNow’s discretion and without any obligation on the part of KnowMeNow to give prior written notice. You may not use a KnowMeNow logo or other proprietary graphic of KnowMeNow to link to the Services without our express prior written consent. Further, you may not use, frame or utilize framing techniques to enclose any KnowMeNow trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, or on the Services without our express prior written consent.
KnowMeNow makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
7. Third-Party Services
8. User Conduct
You agree that you will not violate any law, contract, intellectual property, or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:
- Provide false or misleading information to KnowMeNow;
- Use or attempt to use another user’s account without authorization from such user and KnowMeNow;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Develop, utilize, or disseminate any software, or interact with our API in any manner, that could damage, harm, or impair the Services;
- Decompile, disassemble, or otherwise reverse engineer any aspect of the Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of pages or functionality of the Service;
- Use data collected from the Services to contract individuals, companies, or other persons or entities;
- Use data collected from the Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
- Remove any identification markings, including without limitation copyright notices and trademarks, from any work produced pursuant to the Services;
- Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
If you provide any feedback to KnowMeNow concerning the functionality and performance of the Services (including identifying potential errors and improvements) (“Feedback”), you hereby assign to KnowMeNow all right, title, and interest in and to such Feedback, and KnowMeNow is free to use such Feedback without payment or restriction.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless KnowMeNow, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “KnowMeNow Parties”), from and against all actual or alleged KnowMeNow Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of another. You agree to promptly notify KnowMeNow of any third party Claims and cooperate with the KnowMeNow Parties in defending such Claims. You further agree that the KnowMeNow Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and KnowMeNow, or which arise in virtue of applicable law.
To the fullest extent permitted by law, the services and the content are provided on an “as is” and “as available” basis without warranties of any kind, express, implied, or statutory, and KnowMeNow disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the services and content. KnowMeNow does not represent or warrant that the content or the services is accurate, complete, reliable, current, or error-free. You acknowledge that, because of the nature of the internet, mobile networks, and the devices which access the internet and/or mobile networks, the services may not be accessible when needed, and that information, data, audio and video transmitted over the internet and/or mobile networks may be subject to interruption or third party interception and modification. No information traveling over the internet can be guaranteed to be secure. While KnowMeNow attempts to make your access to and use of the services and content safe, KnowMeNow cannot and does not represent or warrant that the services or our servers are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and remove viruses from any download. KnowMeNow cannot and does not assume any responsibility for any loss, damages, or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any content or information accessed through the services. You expressly agree that your use of the services and your reliance upon any of the content is at your sole risk. KnowMeNow only verifies your data, we do not store your data and consequently should you lose your data for any reason your data shall be permanently lost and irretrievable.
Depending on the jurisdiction your are in, some or all of the disclaimers in this section may not apply to you.
KnowMeNow makes no warranties, express or implied, with respect to third party products, and expressly disclaims any warranty or condition of merchantability, non-infringement, or fitness for a particular purpose relating to any third party products. In no event will KnowMeNow be liable for any direct, incidental, indirect, consequential, or cover damages arising out of your use of or inability to use third party services or any amount in excess of the amount paid by you for the service that gives rise to any claim.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Services (or any features or functionality of the Services) at any time without notice and without obligation or liability to you.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
12. Limitation of Liability;
To the fullest extent permitted by applicable law, in no event shall KnowMeNow or any of the other KnowMeNow parties be liable to any users for any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access or use of the services or content or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance by any user on any information obtained from KnowMeNow, or from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to KnowMeNow records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
KnowMeNow is not affiliated with any other KnowMeNow user, carrier, service provider, or third-party service, and any dispute you have with any other KnowMeNow user, carrier, service provider, third-party service or other third party, arising from your use of the services, is directly between you and such third party, and you irrevocably release the KnowMeNow parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
13. Modifications to the Services
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, at our sole discretion the Services (or any features or parts thereof) at any time and without liability therefor.
14. Dispute Resolution; Arbitration
These Terms shall be governed by and construed in accordance with the Laws of Malta, as further outlined in Clause 15 below, and any suit, action or proceedings which may arise out of or in connection with these Terms shall be brought before and decided by the courts of Malta which shall have exclusive jurisdiction to hear and determine any such suit, action or proceedings.
15. Governing Law and Venue
These Terms, your access to and use of the Services shall be governed by and construed and enforced in accordance with the Laws of Malta, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you.
17. Protected Activity Not Prohibited
You should understand that, insofar as permitted by applicable law, nothing in these Terms will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in any investigation or proceeding (“Protected Activity”) that may be conducted by any local government agency or commission (“Government Agencies”). You understand that in connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, KnowMeNow. Notwithstanding, in making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute KnowMeNow confidential information to any parties other than the Government Agencies.
18. Force Majeure
KnowMeNow will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond KnowMeNow’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action, in so far as such an event prevents or delays KnowMeNow from fulfilling its obligations hereunder.
If any term, clause or provision, or part thereof, of these Terms is held to be void, invalid or unenforceable in any jurisdiction, then that term, clause or provision or part thereof shall be ineffective to the extent that such term, clause or provision or part thereof is held to be void, invalid or unenforceable in such jurisdiction without invalidating the remaining terms, clauses or provisions of these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
These Terms constitute the entire agreement between you and KnowMeNow relating to your access to and use of the the Services and Content. These Terms supersede and govern all previous oral and written communications regarding these matters. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms. Neither these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written consent of KnowMeNow and any attempt to do so will be null and void. You hereby grant the right to KnowMeNow to assign or transfer its rights and obligations under these terms and consequently KnowMeNow may assign or transfer its rights and obligations under these Terms at any time without your prior consent. KnowMeNow’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Nothing herein will be deemed to create an employer-employee relationship between KnowMeNow and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other. The provisions of these Terms relating to the rights of KnowMeNow content providers are intended for the benefit of such content providers, and such content providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with their terms, irrespective of the fact that they are not signatories to these Terms. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.