This is a legally binding contract between you and Knock. By downloading Knock, you confirm that you agree to be bound by this contract. Please make sure you read it, because Knock offers services that provide secured access to your computer and/or sensitive personal information like your email and bank account. We’ve tried to make this document as clear as possible, but there's some unavoidable legal mumbo jumbo. We welcome your feedback to email@example.com if you have suggestions or questions about this document or anything we do.
We’re going to use some shorthand to make this easier to read. When we say “Knock,” we mean the functionality provided by using both Knock for iPhone and Knock for Mac, apps offered through the iOS App Store and www.knocktounlock.com, respectively. When we say “we,” “us,” or “our,” we mean Knock Software Inc., a Delaware corporation. When we say “your iPhone's data,” we mean any and all information stored on your iPhone and accessible via open iOS APIs. When we say "your Mac's data," we mean any and all information stored on your Mac and accessible by a user account with administrator privileges. When we say "our site," we mean www.knocktounlock.com. And when we say “terms,” we mean these terms of service.
Please read these terms before using Knock. If you do not agree to these terms, you may not download and use Knock. If we make important changes to these terms, we’ll publish those changes on our website and notify you via a Mac notification created by Knock for Mac. If you do not agree to those changes, you must stop using Knock immediately. Continuing to use Knock after this notification constitutes your acceptance of the new terms as modified. We're sorry if this sounds harsh, but we're serious about keeping your data safe.
When you download and install Knock, we may store some publicly available information about you, such as your browser type, operating system type, and estimated geographic location. We may also share this information with third-party services like Google Analytics, so we can learn more about how you use our site and improve that experience.
We may be required to disclose this information in order to: comply with the law or legal process; protect or defend our rights or property, or the rights or property of others; enforce these terms.
We will also aggregate user information and perform statistical analyses of the collective behavior of Knock users and visitors to our site, to measure overall demographics, and to analyze how to improve our product. We may share this information with third parties (such as Google Analytics), but such aggregate information does not contain personal information other than IP addresses and the type of devices you are using. In addition, we may compile and disclose aggregate information about our users for promotional or other purposes. For example, we might want to disclose that a certain percentage of our users are located within a particular geographic area or use Knock more than 20 times a day.
Knock sometimes accesses your iPhone's data, but we will never share this information. We use iPhone's core location API to intermittently monitor and record your GPS location to improve the Knock user experience. While we do record and save this data locally on your iPhone to make it available to our algorithms designed to save battery life, we will not share it with third parties.
We genuinely believe that for the vast majority of users, Knock is a safer way to authorize with your Mac than using a password alone. That said, we disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that Knock will protect your Mac or your Mac's data. You understand that you use Knock at your own discretion and risk.
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, including loss or theft of your iPhone, your Mac, or your Mac's data, resulting from the use of or the inability to use Knock.
You understand that Knock doesn't replace the password as the method of authentication for your Mac, but rather provides a means to enter that password automatically after Knock determines certain conditions have been met.
You understand that Knock has no affiliation with Apple beyond the iOS App Store and its respective policies, and that Apple does not approve of and may in fact disapprove of Knock as a method of authenticating with your Mac. We're not saying they disapprove of it, but just that we make no claims to the contrary.
When you purchase Knock, you are not buying the software itself, but rather you are buying a license to use the software. To be more specific, when you purchase Knock we grant you a personal, limited, non-exclusive, revocable, non-transferable license to use Knock in accordance with these terms. You may not sublicense Knock to others. You will be entitled to download updates to Knock, subject to any additional terms made known to you at that time, when we make these updates available.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, shareholders, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of Knock or our site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
You agree to arbitrate all Disputes you may have with us. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Any arbitration under this agreement will be only on an individual basis; class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
In other words, you waive your right to bring a lawsuit against us in court, and you waive your right to participate in a class action against us.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
For any Dispute, we will pay the arbitration fees. We think this is only fair given that we are asking you to agree to arbitration instead of trial in court. Should the arbitrator determine that your claim is frivolous, we may seek to recover from you the aribtration fees and our attorney's fees. Similarly, if you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator.
All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) or JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in San Francisco, California, or another mutually agreeable location. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
For purposes of this arbitration provision, references to you and us also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of Knock services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California.
Thanks to @GetEditorially for their plain language terms of service inspiration.
Used under the Creative Commons Attribution-ShareAlike license.