This agreement (hereinafter, the “Agreement”) governs the relationship between you in your capacity as an internet user (hereinafter, “you” and “your”) and the provider “TheHub Intelligence” (hereinafter, “we,” “us,” and “our”) when you use the website located at www.knowyourday.ai and any and all subdomains under knowyourday.ai. Use of the Website and the Service is conditioned on your acceptance of the terms and conditions specified in this Agreement. If you do not accept these terms and conditions, you may not use the Website or the Service. By using the Website or Service you agree to be bound by the terms and conditions set out below which may be updated by us from time to time.
1. YOUR RIGHTS
1.1 These Terms are applicable during Your free trial and during Your subscription to the Service(s) through a Service Plan of Your choice.
1.2 Using Our Service(s): Subject to Your compliance with the Terms and solely during the Subscription Term, You have the limited, nonexclusive, and revocable right to access and use the Service(s) for Your internal business purposes, including staff monitoring and employee monitoring. You shall be responsible for use of the Service(s) through Your Account by any third parties. You may subscribe to one or more of the Service(s). They may be subject to separate and distinct Service Plans.
1.3 Using our Mobile Applications: Subject to Your compliance with the Terms and solely during the Subscription Term, You have the limited, non-exclusive, non-transferrable, and revocable right to download, install and use the Mobile Applications to access and use the Service(s).
2. YOUR RESPONSIBILITIES
2.1 Your use of the Service(s): You agree not to
A. license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service(s) available to any third party, other than Users and End-Customers in furtherance of Your internal business purposes as expressly permitted by these Terms;
B. use the Service(s) to Process data on behalf of any third party other than Your Users and End- Customers;
C. modify, adapt, or hack the Service(s) or otherwise attempt to gain or gain unauthorized access to the Service(s) or related systems or networks;
D. falsely imply any sponsorship or association with Us;
E. use the Service(s) in any unlawful manner, including but not limited to violation of any person’s privacy rights;
F. attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up the Service(s);
G. establish a link to Our Websites in such a way as to suggest any form of association, approval or endorsement on Our part where none exists;
H. use the Service(s) for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law;
I. try to use, or use the Service(s) in violation of these Terms.
2.2 You shall be responsible for any loss of data or attempted or actual access or use of the Service(s) through Your Account in violation of these Terms.
2.3 If We inform You that a specified activity or purpose is prohibited with respect to the Service(s), You will ensure that You immediately cease use of the Service(s) for such prohibited activity or purpose.
2.4 You are entirely responsible for maintaining the confidentiality of your Knowyourday.ai password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to:
A. notify us immediately of any unauthorized use of your account or any other breach of security, and
B. exit from your account at the end of each session.
3. ACCESS TO THE SERVICE(S)
3.1 You are responsible for procuring and maintaining the network connections that connect You to the Service(s). Your access to and use of the Service(s) may require You to use or maintain specific browser software, security certifications and other procedures that supports protocols used by the Service(s).
3.2 You may not be able to access or use the Service(s)
(a) during planned downtime for upgrades and maintenance to the Service(s) (of which We will use commercially reasonable efforts to notify You in advance
through Our Service(s)) (“Planned Downtime”), or
(b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.
4. DISCLOSURE OF PERSONAL INFORMATION
All features of the Service are offered on a subscription basis. You are responsible for paying the applicable prices for each service you elect to use. The Service may be payable in advance. All fees associated with using the Service are specified in the Fee Schedule, which is available via the internet at www.knowyourday.ai. We may offer alternative fee structures, discounts, coupons or incentives, at our sole discretion and for any reason, but we are under no obligation to offer such alternatives to all users. The actual price you will pay for the Service shall be the price listed in the Billing section of your account or by other agreement.
A. Subscription Charges: Except during Your free trial, all charges associated with Your Account (“Subscription Charges”) are due in full and payable in advance.
B. Payment methods: You may pay the Subscription Charges through Your credit card, or other accepted payment method as specified in a Form. For credit card payments, Your payment is due immediately upon Your receipt of Our invoice. You hereby authorize Us or Our authorized agents, as applicable, to bill Your credit card upon Your subscription to the Service(s) (and any renewal thereof). For payments through other accepted methods, Your payment is due within thirty (30) days of Our invoice date unless otherwise stated in a Form.
C. We may use a third party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by e-mailing Us at via our Contact form in the website.
D. Refunds: Unless otherwise specified in these Terms or a Form or a Service Plan, all Subscription Charges are nonrefundable. No refunds shall be issued for partial use or non-use of the Service(s) by You.
6. BILLING, PLAN MODIFICATIONS AND PAYMENTS
Terms & conditions are effective from the date of subscription and until the date of cancellation. Upon termination, KnowyouDay.ai will retain your data to a maximum of 60 days for your backup purposes. Later to that, we will remove the data from the server and destroy the data. Other than the above procedure, these Terms and Conditions may be terminated immediately at any time with or without notice by us in case of any material breach of any of the provisions of this Terms and Conditions by you.
7. Terms of Termination
The Website and its original content, features and functionality (including look!), are owned by “TheHub Intelligence” and are protected by UK and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website itself. If you have doubts about whether and how to use of material on the Website, please address your concerns to our email address..
9. Limitation of Liability
Your use of SaaS is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information..
10. Governing and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the UK without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the courts of the UK..