Terms & Conditions

Introduction

Please read this Terms & Conditions document (“Agreement”) carefully before using the services offered by Known Access Inc. (“Company”). This Agreement sets forth the legally binding terms and conditions for your use of the websites owned and operated by the Company, including, without limitation, the knownaccess.com website (“Website”), the cloud-based identity and access management services, the NacPass application (App), and any other features, content, or applications offered from time to time by the Company in connection therewith (collectively “Service”). By using the Website, App or Service in any manner, you agree to be legally bound by this Agreement. This Agreement applies to all users of the Website, App or Service.

Acceptance

The Service is offered subject to acceptance, without modification, of this Agreement and all other operating rules, policies and procedures that may be published from time to time on the Website by the Company.

If you are entering into this Agreement on behalf of a company, organization or other entity, you represent that you have such authority to bind such entity, and are agreeing to this Agreement on behalf of such entity. If you do not have such authority to enter into this Agreement or do not agree with these terms and conditions, you may not use the Service.

Age Restriction

As a provider of enterprise security services, the Known Access Service and Website is not intended for use by children under the age of 18. The Service is available to, and should be used by, only those individuals who are 18 years of age or older. You represent and warrant that you are of legal age to form a binding contract and are at least 18 years old, and that all registration information you submit is accurate and truthful. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

Modifications

The Company reserves the right, at its sole discretion, to modify or replace any of the terms in this Agreement, or change, suspend, or discontinue the Service (including, without limitation, the availability of any feature or content) at any time by posting a notice on the Website or by sending you an email. The Company may also impose limits on certain features and services, or restrict your access to parts or all of the Service without liability.

If you don’t agree with the new Agreement, you are free to reject it. However, that means you will not be able to use the Service. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of all of the changes.

Content

The material displayed or performed or available on or through the Service, including, but not limited to, text, graphics, images, etc. (all of the foregoing, the “Content”) may be protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, and restrictions contained in any Content you access through the Service, and you won’t use, distribute or otherwise exploit for any purpose any Content not owned by you, without the prior consent of the owner of that Content or in a way that violates someone else’s (including Company’s) rights.

The Company owns the Service. You won’t modify, publish, or create derivative works based on, or otherwise exploit any of the Service.

Privacy Policy

The Company’s current Website, App and Service privacy policy is located at knownaccess.com/privacy-policy (“Privacy Policy”) and is incorporated into this Agreement. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact us at support@knownaccess.com.

License for Use

Subject to and conditioned on the user’s payment of fees and full compliance with all other terms and conditions of this Agreement, Company grants user a non-exclusive, non-sublicensable, non-transferable license to access and use the Service, along with the documentation as Company may make available on the Website. If the user’s size and usage of the Service falls within the free-tier (as defined on the Website), no payment will be required.

Acceptable Use

The Service must be used only in a manner that complies with all applicable laws. If your use of the Service is prohibited by applicable laws, then you are not authorized to use the Service.

Users must not engage in any activity, legal or illegal, that either:

  • harms the Website and/or Service operated by Known Access, and/or any user, or
  • interferes with the Website and/or Service operated by Known Access, and/or the provision or use of the Service by Known Access or any user.

The Service must not be used for illegal, improper, and/or inappropriate purposes.

Illegal Use

Illegal purposes include, but are not limited to:

  • using any Service in violation of any law or regulation, including but not limited to all applicable local, state, national and international laws and regulations; or
  • engaging in threatening, abusive, harassing, deceptive or fraudulent behavior.

Improper and/or Inappropriate Use

Improper and/or inappropriate uses include, but are not limited to:
  1. Posting or transmitting any information or software that contains a virus, worm or other harmful component.
  2. Without permission from the owner of a system or network, doing any of the following:
    • accessing the system or network,
    • monitoring data or traffic,
    • probing, scanning, and/or testing firewalls,
    • testing the vulnerability of a system or network or
    • breaching the security or authentication routines of a system or network.
  3. Forging any TCP/UDP-IP packet header.
  4. Flooding, overloading, attacking or otherwise interfering with a system or network
  5. Falsifying user, company or other identifying information provided to Known Access.
  6. Use of the Service in violation of any trademark, copyright, or any other intellectual property protection law or provision, or in a manner that infringes or violates the intellectual property rights or any other rights of any person or entity (including Company).
  7. Jeopardizing the security of your account or anyone else’s account.
  8. Attempting, in any manner, to obtain the password, account, or other security information of any other user.
  9. Engaging in any activity that is intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or equipment, or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party.

Other Restrictions

Additionally, you shall not:

  • take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure;
  • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
  • bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).

You shall not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, or modify, translate, or otherwise create derivative works of any part of the Service, or copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.

Usage Limitations

The Service offered by the Company is for use by human operators for normal activity, and must not be used for/by automated operations or systems. The rate of authentication requests generated by a user must not exceed 1 per 10 seconds, or 500 per day.

THE COMPANY RESERVES THE RIGHT AT ITS OPTION AND WITHOUT NOTICE OR LIABILITY TO YOU TO TAKE ACTIONS THAT MAY BLOCK OR LIMIT YOUR USE OF THE APP AND/OR SERVICE, INCLUDING BUT NOT LIMITED TO LIMITING THE NUMBER OF AUTHENTICATION REQUESTS YOU MAY INITIATE, OR TERMINATING YOUR USE OF APP AND SERVICE, IF IT DETERMINES IN ITS SOLE DISCRETION THAT YOUR USE OF THE APP AND/OR SERVICE MAY VIOLATE THESE TERMS, IS INCONSISTENT WITH NORMAL USER ACTIVITY, IMPAIRS THE USE OF APPS AND/OR SERVICES BY OTHERS, OR IS OTHERWISE SUBJECT TO RESTRICTIONS IMPOSED BY THE UNITED STATES OR THIRD PARTY SERVICE PROVIDERS.

Applicability

These terms incorporate by reference the terms made available by the particular app store from which you downloaded the App (“App Store”) applicable to apps downloaded from that App Store, if any (“App Store Terms”). These terms also incorporate by reference the Privacy Policy. These terms control in the event of any conflict with the Privacy Policy or the App Store Terms. The Company reserves the right to change, modify or update these terms at any time by posting revised versions at the Website, and you agree that posting of such updates constitutes sufficient notice to you regarding such updates. Your continued use of the App and Service following posting of updates on the Website constitutes your acceptance of the same.

Account

Use of the Service requires that you create an account (“Account”) with us. When setting up an Account:

  • you may be prompted to provide a phone number to receive an SMS from us so that we may authenticate your Account registration, and you acknowledge and agree that we may send, and that your provider may charge you for that incoming SMS; and
  • you are prompted for registration information, which may include your email address, account password and other information about you and your company.

The Account is for your and your company’s use, and may not be transferred or assigned by you to a third party.

Data Network Usage

An underlying mobile phone service may be required to use the Service (e.g. if/when the Service is used with the App). You are solely responsible for procuring, maintaining, and paying for the underlying mobile phone service. The Company is not responsible for your underlying mobile phone service, or for problems with your underlying mobile phone service, including but not limited to no or slow service.

A data plan or internet connection may be required to use the Service. You are solely responsible for any fees and costs associated with that data plan or internet connection.

Maintenance

From time to time, Service may be interrupted or otherwise impacted for routine maintenance. Company will use reasonable efforts to perform such maintenance in a manner that will not unreasonably interrupt the Service.

Entire Agreement

This Agreement is the entire agreement between you and the Company with respect to the Service and use of the Website, and supersedes all prior communications (whether oral, written or electronic) between you and the Company.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Indemnification

You will defend, indemnify and hold the Company, its subsidiaries and affiliates and their respective directors, officers, employees, agents, successors and assigns harmless from and against any and all actual or alleged costs, damages, expenses, losses, and/or liabilities of any kind, including, without limitation, reasonable attorneys’ fees, arising from any action, claim, suit or proceeding commenced by any third party for damages to any tangible property or bodily injury to or death of any person arising out of or caused by your negligence or willful misconduct, except for those costs, damages, expenses, losses, and/or liabilities of any kind caused by any act or omission of the Company or its directors, officers, employees, or agents. The Company will promptly notify you in writing of any such action, claim, suit or proceeding. You will control the response to any such action, claim, suit or proceeding and the defense thereof, including, without limitation, any agreement relating to the settlement thereof. In addition to the foregoing general indemnity, you will at all times defend, indemnify and hold the Company, its subsidiaries and affiliates and their respective directors, officers, employees, agents, successors and assigns harmless from all claims arising out of or due to the utilization by any other person or entity to which you provide any service in connection with or utilizing any Service provided to you pursuant to this Agreement, including, without limitation, due to:

  • your failure to comply with any applicable laws;
  • claims for libel, slander, and/or invasion of privacy;
  • claims for infringement of copyright and/or trademark;
  • claims for infringement of patents arising from combining or using Service or equipment furnished by the Company with service and/or equipment furnished by any other person or entity; and
  • claims arising from any failure, breakdown, interruption or deterioration of Service provided by the Company to you.

Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey and the United States of America.

Any dispute arising from or relating to the subject matter of this Agreement shall be settled by arbitration in Monmouth County, New Jersey. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith.

Warranty and Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SERVICE AT YOUR OWN SOLE RISK. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY, TERM OR CONDITION OF ANY KIND, AND THE COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE.

Many factors, including your local network, your cellular connection, your internet connection, and the public internet, may affect your ability to use the Service and the quality of your communications through the Service, and may result in the failure of your communication. The Company is not responsible for any Service disruption, interruption or delay caused by any failure of or inadequacy in any of these factors or any other items over which the Company has no control.

The Company will not be liable for the privacy of any information stored on the Company’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service. Some states and jurisdictions do not allow the preceding limitation of liability on the protection of privacy to the extent personal information is stored on the Company’s equipment; where this is the case, the preceding limitations do not apply to you, but only to the extent such information is stored on the Company’s equipment.

Limitation of Liability

THE COMPANY’S TOTAL LIABILITY WITH RESPECT TO YOUR USE OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY YOU TO THE COMPANY FOR THE SERVICE UTILIZED BY YOU PURSUANT TO THESE TERMS OF SERVICE IN THE SIX MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. NEITHER THE COMPANY NOR ITS LICENSORS WILL BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Other Terms

The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

This Agreement is not assignable or transferable by you except with the Company’s prior written consent. The Company may assign, transfer or delegate any of its rights and obligations hereunder without consent.

All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Updates

This document was last updated on July 12, 2019. It may change from time to time. If we make any material changes to our policies, we will update them on our Website.