Terms Of Use
Thank you for your interest in these Terms of Use (the “Terms”). These Terms constitute a legal agreement between you and Knoso LLC governing the use of Knoso, our iOS mobile application (our “App”) and both collectively our “App”.
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- ABOUT US
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- We are Knoso LLC, a Arizona based limited liability company (“Knoso”, “we”, “us”, or “our”).
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- To contact us, please use [email protected].
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- These Terms were last updated on Tuesday, December 12th 2023, and are the current and valid version.
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- ABOUT US
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- GENERAL
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- By using our App you are deemed to accept the following terms and conditions (“our App” means the whole or any part of our App, and include the layout of our App; individual elements of our App’s design; underlying code elements of the website; or text, sounds, graphics, animated elements or any other content of our App) operated by Knoso.
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- As you browse through our App you may access other websites that are subject to different terms and conditions. When using these other sites, you will be bound by the terms and conditions posted on those websites.
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- Knoso may change these Terms at any time without notice. Any amendment will be effective immediately. Your use of our App after any amendment constitutes an agreement by you to comply with and be bound by the amended terms and conditions. Accordingly, you should read these Terms from time to time for changes.
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- GENERAL
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- LICENSE GRANT
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- Provided you are fulfilling your obligations set forth below, you are given a non-transferable, non-exclusive, non-sublicensable license to install and use our App on any supported Apple branded Products that you own or control and as permitted by the Usage Rules set forth in Apple Inc.’s Terms of Service.
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- This license will also govern any updates of our App provided by us that replace, repair, and/or supplement our App, unless a separate license is provided for such update in which case the terms of that new license will govern.
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- You may not share or make our App available to third parties, sell, rent, lend, lease or otherwise redistribute our App.
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- You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of our App, or any part thereof.
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- Nothing in this license should be interpreted to restrict third-party terms. When using our App, you must ensure that you comply with applicable third-party terms and conditions.
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- LICENSE GRANT
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- APPLE DEVICES LICENSE AGREEMENT
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- The following terms apply when you use our App obtained from the Apple “App Store” to access our App:
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- the License granted to you for our App is limited to a non-transferable License to use our App on a device that utilizes the Apple iOS operating systems, as applicable, and in accordance with the usage rules set forth in Apple’s terms of service;
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- We are responsible for providing any maintenance and support services with respect to our App as specified in the terms and conditions of this License or as otherwise required under applicable law, and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our App.
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- you must comply with applicable third-party terms of agreement when using our App,
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- you acknowledge and agree that Apple is a third-party beneficiary of the terms and conditions in this License, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License against you as a third-party beneficiary thereof.
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- The following terms apply when you use our App obtained from the Apple “App Store” to access our App:
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- APPLE DEVICES LICENSE AGREEMENT
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- TERMINATION
The license granted to you is valid until terminated by us or by you. Your rights under this license will terminate automatically and without notice from us if you fail to adhere to any term(s) of this license. Upon License termination, you shall stop all use of our App, and destroy all copies, full or partial, of our App.
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- INTELLECTUAL PROPERTY RIGHTS
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- Our App is our copyright property. All rights are reserved.
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- You are provided with access to it only for your personal and non-commercial use. Other than for these permitted purposes, and for the purposes of and subject to the conditions prescribed under statutes that apply in your location, you may not, in any form or by any means:
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- adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of our App; or
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- commercialize any information, products or services obtained from any part of our App;
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- without our written permission.
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- You are provided with access to it only for your personal and non-commercial use. Other than for these permitted purposes, and for the purposes of and subject to the conditions prescribed under statutes that apply in your location, you may not, in any form or by any means:
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- All rights in our App and the content on our App including copyright, design rights, source codes and any other intellectual property rights in any of the foregoing are reserved to Knoso and/or their content and technology providers.
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- All trade names, service marks and other product and service names and logos displayed on the app are proprietary to their respective owners and are protected by applicable copyright laws.
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- Nothing contained on the app should be construed as granting any license or right of use of any other person’s or entity’s intellectual property which is displayed on our App without their express permission.
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- You may not remove, change or obscure the Knoso logo or any notices of proprietary rights on any content of our App.
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- INTELLECTUAL PROPERTY RIGHTS
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- LINKS AND ADVERTISEMENTS
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- Our App may contain advertisements and links to other websites solely for your convenience only and may not remain current or be maintained. Knoso does not endorse, recommend or approve of any information, products or services referred to on such linked sites and assumes no responsibility for the contents of any other website to which our App offers links.
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- You may not link the homepage or any other parts of our App without prior written consent from Knoso.
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- Your use of any link to a linked website is entirely at your own risk.
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- Unless stated otherwise on our App, Knoso has:
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- no relationship with the owners or operators of those linked website; and
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- no control over or rights in those linked websites.
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- Unless stated otherwise on our App, Knoso has:
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- LINKS AND ADVERTISEMENTS
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- YOUR ACCOUNT
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- By registering for an Account, you agree and acknowledge that:
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- you have read the terms set out in these Terms and agree to be bound by and comply with them; and
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- you shall ensure that all Users of your Account abide by these Terms.
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- By registering for an Account, you agree and acknowledge that:
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- You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account.
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- You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorized to do so.
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- We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
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- YOUR ACCOUNT
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- UPLOADING CONTENT
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- You irrevocably and unconditionally represent and warrant that any of your content uploaded to our App complies with our Privacy Policy and the EU General Data Protection Regulation (“GDPR”) and any other applicable laws.
- Your Rights:
- In accordance with GDPR, you have the following rights:
- Access: You can request to view the data we hold about you.
- Correction: You can request correction of inaccurate or incomplete data.
- Deletion: You can request the deletion of your personal data.
- Restriction: You can request to restrict processing of your data under certain conditions.
- Data Portability: You can request a copy of your data in a structured, commonly used format.
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- You are fully responsible for your content uploaded to our App and Services. We will not be responsible, or liable to any third party, for:
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- the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our App; or
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- the loss of any content or data provided to us by you. You should keep a record of all such content and data.
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- You are fully responsible for your content uploaded to our App and Services. We will not be responsible, or liable to any third party, for:
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- We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
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- We may use the content uploaded by you for the purpose of data analytics. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the app.
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- We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our App constitutes a violation of their rights under applicable law.
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- UPLOADING CONTENT
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- ACCEPTABLE USE POLICY
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- You may use our App only for lawful purposes. You may not use our App:
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- in any way that breaches any applicable local or international laws or regulations;
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- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
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- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms as amended from time to time; and
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- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
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- You may use our App only for lawful purposes. You may not use our App:
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- When sharing and submitting content to the app, please do not share and submit content that:
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- contains violence, ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial, or religious nature.
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- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains exaggeration or unsubstantiated claims.
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- violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
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- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
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- sends repeated messages and/or makes derogatory or offensive comments about another individual or repeats the same message under multiple emails or subjects.
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- Any submitted content that includes, but is not limited to the above, will be refused. If repeated violations occur, we reserve the right to cancel user access to the app without advanced notice.
- Content Moderation:
- The Knoso app employs automated filters and human moderators to monitor users. If a user is flagged or found to be inappropriate, it will be immediately removed. Repeated violations may lead to the suspension or permanent banning of the user’s account.
- Reporting Inappropriate Content:
- Users can report inappropriate content using the in-app reporting feature. Moderators will review reported content and take appropriate action based on the severity of the violation.
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- When sharing and submitting content to the app, please do not share and submit content that:
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- We do not assert any ownership over your content. You retain full ownership of all of your content and any intellectual property rights, or other proprietary rights associated with your content. We are not liable for any statements or representations in your content provided by you in any area on the app.
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- You are solely responsible for your content to the app, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your content.
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- We operate a safe space for people to engage, learn, share, and network. We operate a zero-tolerance policy with regards to the abuse of our service users or staff. Personal or targeted insults, threats, obscene and aggressive comments directed at other service users or at staff will not be tolerated. Users who persist in engaging in this way may be excluded from our services. Please report any abusive posts or incidences of cyber-bullying to our admin at [email protected].
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- ACCEPTABLE USE POLICY
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- ASSUMPTION OF RISK
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- Our App is provided for informational and entertainment purposes only. You acknowledge and agree that any information posted on our App is not intended to be legal advice or financial advice, and no fiduciary relationship has been created between you and us.
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- We do not assume responsibility or liability for any advice or other information given on the app.
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- ASSUMPTION OF RISK
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- PROHIBITED USES
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- You may use our App only for lawful purposes. You may not use our App:
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- in any way that breaches any applicable local or international laws or regulations;
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- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
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- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
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- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
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- You may use our App only for lawful purposes. You may not use our App:
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- You also agree:
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- not to reproduce, duplicate, copy or re-sell any part of our App in contravention of the provisions of our Terms; and
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- not to access without authority, interfere with, damage or disrupt:
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- any part of our App;
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- any equipment or network on which our App is stored;
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- any software used in the provision of our App; or
- any equipment or network or software owned or used by any third party.
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- You also agree:
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- PROHIBITED USES
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- LIMITATION OF LIABILITY
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- We are not liable for the completeness, accuracy or correctness of any information uploaded on our App and any related content. You expressly agree that your use of the Services and our App is at your sole risk.
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- You agree not to use the Services, our App and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our App or any other website or software) for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill or reputation; or any other indirect or consequential loss or damage.
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- Nothing in these Terms shall limit or exclude our liability for: death or personal injury resulting from our negligence; fraud; and/or any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
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- These terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our App. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and our App which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
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- LIMITATION OF LIABILITY
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- WARRANTY
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- We warrant that our App is free of spyware, trojan horses, viruses, or any other malware at the time of your download.
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- No warranty is provided for our App that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used within appropriate accessories, regardless if by yourself or by third parties, or if there are any other reasons outside of our sphere of influence that affect the executability of our App.
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- You are required to inspect our App immediately after installing it and notify us about issues discovered without delay. The defect report will be taken into consideration and further investigated if it has been mailed within a period of seven (7) days after discovery.
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- If we confirm that our App is defective, we reserve to remedy the situation by means of solving the defect.
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- WARRANTY
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- AVAILABILITY OF THE APP
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- Our App is provided “as is” and on an “as available” basis. We give no warranty that our App will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
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- Knoso accepts no liability for any disruption or non-availability of the App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
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- AVAILABILITY OF THE APP
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- MODIFICATIONS AND INTERRUPTIONS
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- We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time.
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- We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.
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- We cannot guarantee the App will be available at all times.
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- We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors.
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- We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App.
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- Nothing in these Terms will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.
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- MODIFICATIONS AND INTERRUPTIONS
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- TECHNICAL REQUIREMENTS AND RESPONSIBILITY
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- Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.
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- This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The User shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the services.
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- We do not guarantee that the services offered can actually be used with the User’s device.
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- TECHNICAL REQUIREMENTS AND RESPONSIBILITY
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- OTHER IMPORTANT TERMS
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- We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
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- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
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- No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
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- These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
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- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
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- Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
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- These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of the State of Arizona.
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- If a dispute, controversy, or claim arises out of or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through negotiation, in a place and format determined by Knoso, the Parties agree first to try in good faith to settle the dispute by mediation, or a similar dispute resolution service. If the Parties are unsuccessful at resolving the dispute through mediation, the Parties agree to arbitration, or a similar dispute resolution service. Judgment on the Award may be entered in any court having jurisdiction.
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- OTHER IMPORTANT TERMS