Welcome to the Know Your Crew, Inc. services, provided by Know Your Crew, Inc. ("Know Your Crew" or "We" or "The Company"). These Terms of Service ("TOS") govern your use of the Know Your Crew web site and mobile application, as well as any other web sites, subdomains, or services owned or controlled by Know Your Crew (collectively, the "Service"). To access the Know Your Crew Services, users must at all times agree to and abide by these Terms. Use of any functionality of the Service constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Service.
Know Your Crew provides registered organizations a team-building service for improving and measuring team dynamics. You are responsible for obtaining access to the Services (Site and mobile applications), and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Services.
All users of the consumer-facing free Know Your Crew mobile application are subject to these Terms of Service, as applicable to their usage.
Know Your Crew grants you a limited license to access and make personal use of the Site, the App and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Service and the framing of any Content available through the Service uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Know Your Crew's sole discretion) an unreasonable or disproportionately large load on Know Your Crew's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Know Your Crew to prevent or restrict access to the Service. Any unauthorized use by you shall terminate the permission or license granted to you or your organization by Know Your Crew.
The Know Your Crew service is not available to any users suspended or removed from the system by Know Your Crew for any reason. If you or your organization do not qualify, you may not use the Know Your Crew Service or the Site.
In consideration of your use of the Service, you represent that you legally belong to the organization and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Know Your Crew has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Know Your Crew has the right to refuse any and all current or future use of the Service (or any portion thereof).
As a Subscriber of the Service, you grant to Know Your Crew a worldwide, non-exclusive, royalty-free, full-paid, irrevocable (other than a termination of this Agreement), transferable right and license to download, copy, store, view, display, perform, and analyze the Content uploaded and/or posted to Know Your Crew for (1) purposes of operating and providing the Service and (2) Know Your Crew's internal business purposes, including without limitation for analyzing usage of and improving its Service and (3) creating non anonymous industry level reports on data across companies.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KNOW YOUR CREW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KNOW YOUR CREW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
You agree to indemnify and hold Know Your Crew (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
The Service or third parties may provide links to other World Wide Web sites or resources. Because Know Your Crew has no control over such sites and resources, you acknowledge and agree that Know Your Crew is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Know Your Crew shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
The Service may provide users with the ability to send email messages to other users and non-users and to post messages on the Site and exchange chats on the app. Know Your Crew is under no obligation to review any messages, information or content ("Messages") exchanged on the Site or in the app by users and assumes no responsibility or liability relating to any such Messages. Notwithstanding the above, Know Your Crew may from time to time monitor the Messages on the Site and in the app and may decline to accept and/or remove any email or Messages. You understand and agree not to use any functionality provided by the Service to post content or initiate communications that contain:
In consideration of your use of the Services, you agree to:
You may designate authorized users of your account. Those authorized users will have full rights to access your account and to take any actions that you are authorized to take under this Agreement.
Access to and use of password protected and/or secure areas of the Service is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Service may be subject to prosecution.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Know Your Crew and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Know Your Crew or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Know Your Crew reserves the right to modify or replace this Agreement at any time and in Know Your Crew's sole discretion. Know Your Crew will indicate at the top of this Agreement the date such document was last updated. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised Agreement). It is your responsibility to regularly check the Site to determine if there have been changes to this Agreement and to review such changes. Your continued use of the Service following the posting of any changes to the Agreement will constitute your acceptance of any such changes. If you do not agree to the changes, you must stop using the Service.
Know Your Crew respects the intellectual property of others, and we ask our users to do the same. Know Your Crew may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Know Your Crew's Copyright Agent the following information:
By email: [email protected]
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
15.1. Billing. Customer will pay for the Know Your Crew Services on a monthly or yearly basis. We may add or adjust Service fees at any time by providing you with thirty (30) days prior notice. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your Administrators).
15.2. Payment. All payments due are in U.S. dollars unless otherwise indicated on the order page. Fees for credit card orders are due immediately upon order placement. Declined credit card authorizations shall be considered delinquent. You agree to pay for all services that you purchase through Know Your Crew, and we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify Know Your Crew if your selected payment method is cancelled (e.g., for loss or theft). Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your payment preferences; provided, however, that such notice will not affect charges submitted before Know Your Crew could reasonably act. Your charges may be payable in advance, in arrears, per usage, or as otherwise described by Know Your Crew. You agree that charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle. You must cancel your subscription at least five business days prior to the first day of the next payment period (such as, for example, the next calendar month, if you are on a monthly plan) to avoid being charged the renewal fee for such period. THERE ARE NO REFUNDS FOR MONTHLY OR ANNUAL FEES PAID HEREUNDER, FOR ANY REASON. Subject to the foregoing, Know Your Crew does offer the ability to downgrade from a higher paying plan to a lower paying plan, but the change will not be made until the beginning of the next renewal period (e.g., the next month if monthly or the end of the annual contract date if annual). For annual contracts, no refunds are available if you downgrade the number of users or use fewer than the number of seats allotted during the contract year. However, you may use those seats for other users.
15.3. Delinquent Payments. Delinquent payments may bear interest at the rate of 1.5% percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by Know Your Crew in collecting such delinquent amounts, except where such delinquent amounts are due to Know Your Crew's billing inaccuracies.
15.4. Prepayment Refunds. If an account is terminated before the entire prepayment has been consumed, the only amount eligible for a refund is the remaining prepayment credit at the time of account deactivation. If a prepayment had any promotional credit affixed to it at the onset, the only amount eligible for a refund is the remaining prepayment amount less the full promotional credit amount.
15.5. Adding users. If users are added during a cycle that pushes the Company into the following tier, Know Your Crew will bill them a prorated amount for those users for the remainder of the term.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Know Your Crew may offer special promotional offers which may or may not apply to your Know Your Crew account. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and Know Your Crew will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Know Your Crew agree to submit to the personal jurisdiction of the federal and state courts located in the State of New York with respect to any legal proceedings that may arise in connection with this TOS. The failure of Know Your Crew to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Know Your Crew does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and Know Your Crew and governs your use of the Site, superseding any prior agreements between you and Know Your Crew with respect to the Site.
For questions about these or any Know Your Crew terms or policies, email us at [email protected]