Please read carefully these Terms and Conditions (the “Terms”) before using any services provided by Know Your Group inc. (the “Services”), a corporation incorporated under the laws of the State of Delaware (USA) (the “Company”, “Know Your Group”), including, but not limited to, the Know Your Group app (the “App”) and https://gokyg.com/ (the “Website”).

These Terms govern your use of the Website and/or the App (the “User(s)”).

All references to “you” or “your” in these Terms, as applicable, mean the person who accesses, uses and/or participates in the Services in any manner. 

Please read these Terms carefully, as they contain important information concerning your rights and limitations on these rights, as well as information about the Applicable Law and jurisdiction for the disputes. 

The Company reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms at any time, with or without any prior notice to you. Please check these Terms periodically for any changes. Your continuing use of the Services, the App or the Website following any revisions or changes to the Terms will constitute your irrevocable acceptance of any and all such revisions and changes.

If you do not agree with these Terms, you may not access or use the Services. All information and the Services are provided on a strictly “as-is” basis without any warranty whatsoever.

All materials and information provided are for informational purposes only. No information should be construed as any kind of professional advice. The Company does not assume any liability for your use of information provided by the App or the Website, including interpretation of data collected by the App about you. 

BY ACCESSING OR USING THE APP AND/OR THE WEBSITE AND/OR THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, ACKNOWLEDGED AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THE TERMS AND USE THE APP AND/OR THE WEBSITE AND/OR THE SERVICES IN ACCORDANCE WITH AND SUBJECT TO THESE TERMS AND THE PRIVACY POLICY. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND/OR OUR PRIVACY POLICY, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE APP AND/OR THE WEBSITE AND/OR THE SERVICES. 

1. General Provisions

1.1. These Terms constitute a legally binding agreement between you and the Company.

1.2. These Terms apply to all the Services, the Content, and information provided by the Company on the App or the Website.

1.3. The Company hereby grants to the User a non-exclusive, non-transferable, non-sublicensable, non-commercial, limited, and revocable right and license to download, access and use the App by the User exclusively for personal and non-commercial use (the “License”). License rights of the User are subject to the User’s compliance with these Terms. The License term shall commence on the date when the User downloads or otherwise uses the App and ends on the earlier date of either the User’s disposal of the downloaded copy of the App or the termination of these Terms.

1.4. By accessing or using the Services, you agree to be bound by these Terms in compliance with the laws of the State of Delaware (USA) that apply to any relations between you and the Company, without regard to its conflicts of laws rules (the “Applicable Law”).

2. Changes to the Terms

2.1. The Company may change, remove or add the context of the Terms and reserves the right to do so in its sole discretion. All new and/or revised provisions of the Terms take effect immediately and apply to your use of the Services from that date on.

2.2. The Company will notify you about significant changes in these Terms. This can be done by posting a notification on the App and/or the Website, sending you a pop-up message, or an e-mail (if appropriate).

2.3. You can review the most current version of the Terms using the Terms and Conditions button on the bottom of the App or the footer on the Website. If you continue to use the Services after the Company makes changes to the Terms, you are signifying your acceptance of the new and/or revised Terms.

2.4. If you do not agree with new and/or revised provisions of the Terms, you cannot use the Services.

3. Services

3.1. The Company provides the following Services to its Users:

• displaying the User’s profile;

• interpreting data, manually input by the Users (e.g., expertise, hobbies, requests), and displaying interpretation results to other users.

3.2. The Company does not promise that all of the Services shall be available at all times.

4. Confidentiality & Privacy Policy

4.1. Personal information that you provide to the Company via the Website and/or the App and any information about your use of the Services that the Company obtains will be subject to the Privacy Policy.

4.2. The Privacy Policy published on the bottom of the Website and/or the App and the footer of the Website constitutes an integral part of these Terms. 

5. Rules of Conduct

5.1. While using the Services, you agree to: 

• not violate or assist any third party in violating these Terms and/or any applicable law, which may include, but is not limited to, international laws, national laws, statutes, regulations, etc.;

• not provide false, inaccurate, incomplete and misleading information to the Company;

• not violate intellectual property rights (trademark, copyright, patent, and other intellectual property rights) or any other rights or interests of any party;

• not use the Services in any way that can damage, disable or overburden the App or the Website, which may include, but is not limited to, uploading or in any other way, while using the Services, sending viruses, Trojan horses, spyware, adware or any other malicious code, performing DDoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide the Services on the App or the Website;

• not harass, harm or abuse personnel, representatives or agents of the Company, as well as not use the App to harass or stalk other users;

• not attempt to gain unauthorized access to the App, others’ personal accounts, computer systems or networks connected to the App or the Website or to extract data from the App or the Website;

• not share terminal equipment (phone) you use to access the App;

• not violate any laws that apply in your jurisdiction concerning the use of the Services; and

• not violate these Terms and the Applicable Law in any other way.

6. Content

6.1. The Company may produce and display content on the App and/or the Website, which includes, but is not limited to, information, texts, images, video and audio files, maps (the “Content”).

6.2. The Content does not constitute any form of professional advice or advertisement unless specifically mentioned otherwise. The Company shall not hold liability for any actions that arise from the Content.

7. Intellectual Property

7.1. All components and the Content (unless stated otherwise) of the App and the Website and the App and the Website as a whole, content on the Company’s social media accounts (e.g., Facebook, Twitter, YouTube, LinkedIn), belong to the Company and are protected by the intellectual property rights legislation. All rights reserved. 

7.2. The App, the Website, the Content, and all other materials available on the App and the Website are protected with, including, but not limited to, copyright, trademarks, and trade secrets. 

7.3. You must not reproduce, reprint, publish, modify, distribute, display, transmit, license, transfer, or otherwise exploit the Content or technology from the App and/or the Website without the Company’s express prior written consent. 

7.4. Violation of any of the intellectual property rights of the Company is strictly prohibited. 

8. Links

8.1. The App and the Website may contain links to third-party websites or services, which do not belong to the Company and the Company does not control them. 

8.2. The Company shall not be responsible for the content, privacy practices and the functioning of such third-party websites and services. 

8.3. The Company disclaims any liability for any aspects of such third-party websites and services via your direct access or through the App and/or the Website. Please read public documents of those third-party websites and services before using them.

9. Liability

9.1. For non-performance or improper performance of their obligations under these Terms, the Company and you shall be liable in accordance with these Terms and the Applicable Law, unless otherwise provided hereby.

9.2. You shall not violate or attempt to violate the provisions of these Terms. In case of violation or an attempt of violation of the Terms, your access to the Services may be terminated at sole discretion of the Company.

9.3. The Company reserves the right to report violations committed by you during the use of the App, the Website and the Services to the authorized government bodies.

9.4. To the extent permitted by the Applicable Law, you agree to defend, indemnify, and hold harmless the Company from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorneys’ fees) arising from:

• your use of the Services, the App or the Website;

• content that you use, distribute or save;

• your violation of these Terms and/or the Applicable Law.

10. Disclaimers and Limitation of Liability

10.1. The App, the Website and the Content are provided without any guarantees, conditions, or warranties as to their accuracy, quality, and fit for a particular purpose or need. 

10.2. The Company does not guarantee that the App, the Website and the Services are error-free, reliable, or will operate without interruption. The App, the Website and the Services are provided to you on the “AS-IS‟ basis. 

10.3. If you are not satisfied with the conditions and/or quality of the App, the Website or the Services, you must stop using the App, the Website and the Services. Your use of the App, the Website and the Services shall mean that you have no claims regarding conditions and/or quality of the App, the Website and the Services against the Company. 

10.4. In no event shall the Company, its officers, directors, employees, agents, and all third-party service providers be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from:

• the accuracy, completeness of the Services or the Content;

• the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise);

• the quality of the App, the Website and the Services;

• personal injury or property damage of any nature whatsoever;

• third-party conduct of any nature whatsoever;

• any unauthorized access to or use of the Company’s servers and/or any and all the Content, personal information, or other information and data stored if such unauthorized access did not directly occur due to the Company’s actions or inactions;

• any interruption or cessation of the provision of the Services to or from the App or the Website;

• any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from the App, the Website or any third-party websites/apps;

• any loss or damage of any kind incurred as a result of your use of the Services, whether or not the Company advised of the possibility of such damages;

• losing access to your Account;

• any errors or malfunctions caused by or otherwise related to third-party payment service providers;

• other risks associated with the use of online platforms.

10.5. THE SERVICES, INCLUDING THE APP, THE WEBSITE, THE CONTENT AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

10.6. THE COMPANY DOES NOT ENDORSE OR WARRANT THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY SERVICES OR THIRD PARTY’S SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR OUTAGES OR DISRUPTIONS OF THE INTERNET AND TELECOMMUNICATIONS INFRASTRUCTURE WHICH ARE BEYOND THE COMPANY’S CONTROL AND CAN LEAD TO INTERRUPTIONS IN THE AVAILABILITY OF THE COMPANY'S SERVICES. THE COMPANY MAY, TEMPORARILY AND UNDER CONSIDERATION OF ITS LEGITIMATE INTERESTS (E.G., BY PROVIDING PRIOR NOTICE), RESTRICT THE AVAILABILITY OF THE SERVICES OR CERTAIN FEATURES THEREOF, IF THIS IS NECESSARY IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ENSURE THE PROPER OR IMPROVED FUNCTIONING OF THE SERVICES. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK ON ANY DEVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE DEFECTS-FREE OR THAT ANY DEFECTS CAN OR WILL BE CORRECTED.

10.7. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL THE COMPANY AND/OR ANY OF ITS EMPLOYEES, OFFICERS, MANAGERS, DIRECTORS, AGENTS, LICENSORS, PARTNERS, ASSOCIATED SERVICE PROVIDERS, SUBCONTRACTORS, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (i) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGES, (ii) LOSS OF DATA, BUSINESS, REVENUE, CONTRACTS, INCOME, PROFITS, ANTICIPATED EARNINGS OR SAVINGS, OPPORTUNITY, USE, OR OTHER ECONOMIC ADVANTAGE OR BUSINESS INTERRUPTION, REPUTATION, GOODWILL, OR (iii) LOSS OR DAMAGE TO PROPERTY, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY INFORMATION, SERVICES AND/OR THE MATERIALS OFFERED THROUGH THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.

10.8. THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU IN RELATION TO ANY SERVICES PURCHASED ON THE APP (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL BE LIMITED SOLELY TO THE VALUE OF THE SUBSCRIPTION FEE THAT HAS BEEN PAID FOR THAT SUBSCRIPTION. PRIOR TO PURCHASING A SUBSCRIPTION, YOU SHOULD ENSURE THAT YOU HAVE REVIEWED THE GOOGLE’S/APPLE’S APPLICABLE POLICIES, AS WELL AS THE TERMS AND CONDITIONS, AND THAT THEY ARE ACCEPTABLE TO YOU.

11. Indemnification 

11.1. To the extent permitted by the Applicable Law, you agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys’ fees) arising from:

• your use of and access to the Services;

• any content you post, upload, use, distribute, store, or otherwise transmit through the App and/or the Website;

• your violation of these Terms; or

• your violation of any law, rule, or regulation, or the rights of any third party.

12. Termination

12.1. These Terms are effective from the earliest of the date you use the App or the Website until terminated according to terms and conditions specified in the Terms.

12.2. You and the Company may, at any time and for any reason, terminate these Terms. Termination by the Company shall be effective upon:

• notice to you; or

• termination of your Account; or

• at the time of the Company’s discontinuing to offer and/or provide the Services.

12.3. The Terms shall be terminated automatically if you fail to comply with any of the terms and conditions specified in the Terms.

13. Force Majeure

13.1. In case of any circumstances of insuperable force (i.e., events of extraordinary or insuperable nature) that have occurred and remain in effect beyond the Company’s and your (the “Party”) control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfilment of its obligations hereunder, the term for fulfilment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force.

13.2. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper fulfilment of their obligations hereunder.

14. Dispute Resolution

14.1. You and the Company shall endeavour to resolve through negotiations all disagreements that may arise between you and the Company during the validity term hereof. 

14.2. For the purposes of resolving disputes between you and the Company, e-mail correspondence with the authorized persons of the Company at www@gokyg.com shall be effective and binding means of communication. 

14.3. If you and the Company fail to reach an agreement within 30 (thirty) calendar days from the start of negotiations, the dispute shall be submitted to the competent court under the Applicable Law. 

15. Account

15.1. To use any of the Services, you must create an account on the App (the “Account”).

15.2. In order to create an Account, you have to register on the App using your email address.

15.4. The Services are not for use by anyone under the age of 18. By registering an Account, you confirm that you are at least 18 years old.

15.5. When you have a registered Account on the App, you can log in using one of the following ways: via your email address, which were used to create an Account. 

15.6. To protect your privacy, you are strongly advised to not let other persons use the terminal equipment you use to access the App (phone).

15.7. The Company reserves the right to terminate or suspend your Account without providing any prior notice or reason in case of any violation of the Terms and the Applicable Law, or at the Company’s sole discretion. If your Account is terminated or suspended by the Company for any reason, you may be further prohibited from registering and creating a new account.

16. Manual Data Input & Interpretation

16.1. You may, at your sole discretion, provide the App and/or the Website with additional information about yourself, such as information about your hobbies, expertise, as well as any other information you see fit to type in.

16.2. Using information described in clause 18.1 you have provided the App and/or the Website with, the App and/or the Website may send a notification or email to other users about changes in your account.

17. User-Partner Interaction

19.1. By swiping the main screen of the App and accessing your Partner’s description page, you may click on your Partner’s mood emoji and send your Partner a scripted message (a sense) by choosing a message you want to send.

19.2. Upon sending the message, it shall be visible to your Partner in the App.

19.3. Using the Service of the User-Partner interaction for harassing your Partner is strictly prohibited. 

19.4. We do not share messages you send to or receive from your Partners with any third parties.

18. Final Provisions

21.1. If any questions have not been regulated by these Terms, they shall be regulated by the Applicable Law.

21.2. These Terms, Privacy Policy, any other notices and disclaimers on the App and on the Website constitute the entire agreement between you and the Company regarding your use of the Services.

21.3. You consent that any emails, surveys, other information or feedback you provide to the Company through the Services or via any other medium, except for personal data, as defined in the Privacy Policy, can be used by the Company in any manner, including, but not limited to, for testimonials, reviews and rating on the App or the Website, or third-party websites.

21.4. Should you have any comments, questions, or complaints, please contact the Company at www@gokyg.com.

21.5. You agree that the Company expressly reserves the right, at any time, for any reason, without prior notice and without any form of compensation, to suspend or deny you from using or accessing the App or the Website, to cease providing any Services relating to the App or the Website or to change or add any portion of the App or the Website.