It is important that you read these Terms carefully because you will be legally bound by them. If you do not agree to these Terms, please do not use the Services.
1. Using the Services
1.1. Right to Use Services
Knit will provide the Services, and you may access and use the Services, in accordance with these Terms for your own personal and individual use. By accessing or using the Services, you represent that you are of legal age and have accepted these Terms.
1.2. Limitations on Use
By using the Services, you agree not to: (i) modify, prepare derivative works of, or reverse engineer, the Services; (ii) use the Services in a way that does or attempts to abuse or disrupt our networks, user accounts, or the Services; (iii) store within, upload or transmit any harassing, indecent, obscene, or unlawful material, or any type of virus, malware, or malicious code; (iv) upload or transmit any material that may infringe the intellectual property, privacy, or other rights of third parties through the Services; or (v) use the Services to commit fraud or impersonate any person or entity.
1.3. Changes
We may modify or discontinue the Services as we deem appropriate and in our discretion. Access to additional functionality or premium feature improvements may be subject to an additional cost.
1.4. Family Plan Users
If you are using any type of family plan that we offer, you may be able to create user accounts for members of the family plan. By creating any such user account, you are confirming that you have the legal right to do so and are consenting to our processing of information about the members of the family plan. You are also agreeing to be responsible for the family’s compliance with these Terms.
2. Fees and Payment
2.1. Fees; Payment Information
If you have purchased a paid version of the Services, you agree to provide Knit with accurate billing, contact, and payment information, and you agree to pay all applicable fees. All payments are final and non-refundable. We may charge any payment card on file or bill you for all amounts due for your use of the Services, including any fees or overdraft charges incurred in collecting payment, and we may take steps to update your payment card information (where permitted) to ensure that payment can be processed. Your credit card and payment information may be provided to our third-party payment processors for payment and fraud prevention, as well as export and legal compliance purposes.
2.2. Taxes and Withholding
You are responsible for all applicable sales, services, value-added, goods and services, withholding and similar taxes, tariffs, or fees imposed by any government entity or collecting agency based on the Services. In all cases, you will pay the amounts due to us in full without any right of set-off or deduction.
2.3. Non-Payment; Price Updates
We may, with notice to you, suspend or terminate the Services if you do not pay applicable fees, and you agree to reimburse us for all reasonable costs and expenses incurred in collecting any delinquent amounts. We reserve the right to update the price for access to the Services at any time after your initial subscription term, and price changes will be effective as of your next billing cycle. In accordance with applicable law, we will notify you in a timely manner of any price changes by publishing on our website, emailing, quoting, or invoicing you. Your continued use of the Service after such notification serves as your agreement to the price change.
3. Subscription and Termination
3.1. Subscription
Some Services are billed on a subscription basis, in advance and on a recurring billing cycle (which is typically yearly). To help ensure uninterrupted service, the Services will, by default, automatically renew for additional periods equal to your expiring subscription term unless either party cancels the subscription at least thirty (30) days before the current subscription term expires. You may provide notice of non-renewal to our customer support team. Terminating specific Services does not affect the term of any other Services still in effect.
3.2. Termination
You may cease using the Services at any time and contact us to cancel your account, but you will continue to be charged for Services until the end of your then-current subscription term. We may suspend or terminate your account upon notice if you violate these Terms and may reinstate your access to the Services if you remedy the violation to our satisfaction. We reserve the right to terminate your account without notice where doing so is prohibited by law or has a reasonable risk of incurring liability for us.
3.3. Effect of Termination
If any Services are terminated or your subscription expires, your paid account may be converted to a “free” or “basic” version of the Service, if available, at our discretion. Where your account is not converted to a free version, you must immediately discontinue all use of the terminated Services. To the extent permitted by applicable law, neither party will be liable for any damages resulting from the valid termination of the Services, and termination will not affect any claim arising prior to the effective termination date.
4. Your Content and Accounts
4.1. Your Content
Your “Content” includes any files, documents, or similar data that you upload, store, retrieve, or input (e.g., manually or via optional functionality such as password save and fill) to the Services. You retain all rights to your Content and you grant us a license to use, reproduce, display and distribute your Content solely to the extent required and in order to provide and operate the Services.
4.2. Your Privacy and Security
4.2.1. Information Security and Certifications
We have implemented and maintain appropriate organizational, administrative, and technical safeguards designed to protect your Content against any unauthorized access, loss, misuse, or disclosure. We also maintain a compliance program that includes independent third-party audits and certifications. You can visit our Trust & Privacy Center to review Service-specific information about our technical and organizational security measures (located in the Technical and Organizational Measures or “TOMs” documentation), including, but not limited to, encryption use and standards, retention periods, and other helpful information.
4.2.2. Data Privacy
We maintain a global data privacy program, designed to safeguard and responsibly handle your Content and any associated personal data we may collect and/or process on your behalf. You understand that when using the Services or interacting with our websites your personal data may be processed via equipment and resources located in the United States and other locations throughout the world. You can visit our Trust & Privacy Center (https://meetknit.com) to review Knit's comprehensive privacy program, third-party frameworks, privacy policies, and applicable data processing locations and Sub-Processor Disclosures, as well as the TOMs.
4.3. Your Accounts
When you use the Services, you must provide us with information that is accurate, complete, and current. You agree to safeguard the password that you use to access the Service and not to disclose your password to any third party. We do not send emails asking for your usernames or passwords. We are not liable for any loss that you may incur if you fail to properly secure your master password or account. We may suspend the Services or terminate your account if you or your users are using the Services in a manner that is likely to cause harm to us or if we have reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on your part. NOTE THAT, WHERE APPLICABLE, WE DO NOT STORE OR HAVE ACCESS TO YOUR MASTER PASSWORD, AND IF YOUR MASTER PASSWORD IS LOST, STOLEN, OR FORGOTTEN, WE CANNOT RETRIEVE YOUR MASTER PASSWORD AND YOU MAY BE UNABLE TO UNLOCK OR ACCESS YOUR ACCOUNT.
5. Compliance with Laws
You agree to comply with all applicable laws, rules and regulations including, but not limited to export, privacy, and data protection laws and regulations. You acknowledge that the Services are subject to export control and trade sanctions laws in the United States and other countries. You may not access, use, export, or disclose any portion of the Services in violation of applicable export control and sanctions laws. Specifically, you represent and warrant that you: (a) are not a citizen of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk and Luhansk regions of Ukraine) and that you will not access or use the Services, or export, re-export, divert, or transfer the Services, in or to such countries or territories; and (b) are not identified on any U.S. government lists which would prohibit you from receiving the Services. Where required by law, we will cooperate with government authorities with respect to the Services. We may immediately terminate your subscription if we have reason to believe that you have failed to comply with applicable law.
6. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT THAT: (i) THE USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR FREE; (ii) OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM, OR DATA; (iii) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (iv) ALL ERRORS OR DEFECTS WILL BE CORRECTED. USE OF THE SERVICES IS AT YOUR SOLE RISK.
7. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHER SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF OR RELATING TO: (i) LOSS OR CORRUPTION OF FILES OR DATA; (ii) LOSS OF INCOME; (iii) LOSS OF OPPORTUNITY; (iv) LOST PROFITS; OR (v) COSTS OF RECOVERY, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR VIOLATION OF STATUTE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF Knit, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AND AFFILIATES ARISING OUT OF THESE TERMS IS LIMITED TO DIRECT DAMAGES PROVEN UP TO THE SUM OF THE AMOUNTS PAID FOR ACCESS TO THE APPLICABLE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.
8. Additional Terms
8.1. Sales, Promotional Offers, Coupons and Pricing
Sales, promotions and other special discounted pricing offers are temporary and, upon the renewal of your subscription, any such discounted pricing or promotional offers may expire. We reserve the right to discontinue or modify any coupons, credits, sales, and special promotional offers in our sole discretion.
8.2. Free Services and Trials
Your right to access and use any free Services is not guaranteed for any period of time, and we reserve the right to modify or terminate your access to free Services in our discretion. If you are using the Services on a trial or promotional basis, your access will terminate at the end of the trial period or upon your conversion to a paid subscription. You may need to enter your billing information to register for a trial; and if you do, we will not charge you until the trial period has expired. At the end of the trial period, unless you have cancelled the paid subscription, you will be automatically charged the relevant subscription fees, based on the type of paid subscription selected. At any time and without notice, we reserve the right to modify the terms of the trial Service or cancel the trial period.
8.3. Third Party Services
We are not responsible for, do not endorse, and have no control over any third-party sites or services that you link to or integrate with the Services. You have sole discretion whether to purchase or connect to any third-party services and your use is governed solely by the separate terms and privacy policies for those services. We strongly advise that you read the terms and conditions and privacy policies of any such third-party sites or applications.
8.4. Beta Services
We may offer you access to beta services that are being provided prior to general release, but we do not make any guarantees that these services will be made generally available. Use of beta Services is voluntary and optional. We have no obligation to provide technical support for beta Services and may discontinue them at any time without prior notice to you. These beta Services are offered “AS-IS,” at your sole risk, and to the extent permitted by applicable law, we disclaim any liability, warranties, indemnities, and conditions, whether express, implied, statutory, or otherwise. If you are using beta Services, you may receive related correspondence and updates from us. We own any feedback about the beta Service you share with us.
8.5. Proprietary Rights and Knit Marks
Knit retains all proprietary right, title and interest in the Services, including our name, logo and other marks, and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works, and upgrades. You may not use or register any trademark, service mark, business name, domain name or social media account name or handle which incorporates or is similar to part or all of any of the above.
8.6. No Class Actions
You may only resolve disputes with us on an individual basis and you agree not to bring or participate in any class, consolidated, or representative action against us or any of our employees or affiliates.
8.7. Security Emergencies
If we reasonably determine that the security of the Services or infrastructure may be compromised due to hacking attempts, denial of service attacks, or other malicious activities, we may temporarily suspend the Services. If we do so, we will, to the extent practicable, provide you notice, and take actions designed to promptly resolve any security issues and restore the Services.
8.8. High-Risk Use
You understand that the Services are not designed or intended for use during high-risk activities, which include but are not limited to use in hazardous environments requiring fail-safe controls, weapons systems, aircraft navigation, control, or communications systems, and/or life support systems.
8.9. Assignment
You may not assign or sublicense your rights or delegate your duties under these Terms, either in whole or in part, without our prior written consent. Knit may assign these Terms, in whole or in part, to an affiliated entity, or as part of a corporate reorganization, consolidation, merger, acquisition, divestiture or sale of all or substantially all of its business or assets to which these Terms relate.
8.10. Emails and Communications
We may provide operational notifications regarding billing, account activity, and service updates to the primary email designated on your account, electronically via postings on our website, in-product notices, or our self-service portal or administrative center. If you have any questions about these Terms, you can contact our support team or write us by mail at: 333 Summer Street, Boston, Massachusetts 02210 USA.
8.11. Survival
The following sections of these Terms will survive termination: Sections 2 (Fees and Payment), 3.3 (Effect of Termination), 4 (Your Content and Accounts), 7 (Limitation on Liability), 8.6 (No Class Actions), 8.9 (Communications), and 8.14 (Contracting Party, Choice of Law and Location for Resolving Disputes).
8.12. Entire Agreement; Changes
These Terms are the entire agreement between you and Knit relating to the Services and they supersede all prior or simultaneous oral and written agreements between the parties. We may update these Terms from time to time, which will be identified by the last updated date, and may be reviewed at https://www.Knit.com/legal-center/terms-of-service. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued access to and use of the Services constitutes your acceptance of the then-current Terms. If you do not agree to the new terms, or any portion of the new terms, please stop using the Service.
8.13. General Terms
If any provision of these Terms is found not to be enforceable, it will not affect any other provisions. No person or entity not a party to these Terms will be a third party beneficiary. Our authorized distributors do not have the right to modify these Terms or to make commitments binding on us. Failure to enforce any right under these Terms will not waive that right. Unless otherwise specified, remedies are cumulative. These Terms may be agreed to online or executed by electronic signature and in one or more counterparts. We will not be responsible for any delay or failure to perform under these Terms due to any events or circumstances that are outside of our control or that we could not have reasonably anticipated (e.g., natural disasters; terrorist activities, activities of third-party service providers, labor disputes; acts of government, etc.).
8.14. California Consumer Complaints
While Knit makes every effort to ensure that its customers remain satisfied with its Services, should you have a concern or intend to raise a dispute, we kindly requests that you contact and work directly with us in order to ensure an expedient and efficient resolution. Additionally, where Knit is unable to resolve a complaint to your reasonable satisfaction, California residents may, in accordance with California Civil Code S1789.3, report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by calling (800) 952-5210.
8.15. Contracting Party, Choice of Law and Location for Resolving Disputes
The Knit contracting entity, contact information, and governing law for your use of the Services depends on your billing location, and is stated at https://www.Knit.com/legal-center/contracting-entities.