knXw Terms of Service

Individual Users:

By using knXw, you represent that you are at least 18 years old, have the legal capacity to enter contracts, and agree to be bound by these Terms.

Organizational Users:

If using knXw on behalf of an organization, you represent and warrant that:

• You have authority to bind the organization to these Terms
• The organization will comply with all applicable laws and regulations
• You will ensure all organization members using knXw comply with these Terms
• The organization accepts full liability for all activities under your account

Permitted Uses:

• Improving user experience through personalized content and interfaces
• Optimizing marketing messages and timing based on psychographic insights
• Conducting market research and customer segmentation analysis
• A/B testing and conversion rate optimization
• Customer support optimization and resource allocation
• Product development informed by user personality insights

STRICTLY PROHIBITED:

• Manipulative Targeting: Using psychological vulnerabilities to pressure users into harmful decisions, exploit emotional distress, or encourage addictive behaviors
• Discriminatory Practices: Denying services, employment, housing, credit, or insurance based on inferred psychological traits or creating unfair disparities in pricing or access
• Political Manipulation: Using psychographic data for voter suppression, election interference, or spreading targeted disinformation
• Surveillance & Stalking: Using insights to monitor, harass, or intimidate individuals or groups
• Identity Inference: Attempting to identify anonymous users or linking psychographic profiles to personally identifiable information without explicit consent
• Children's Data: Processing psychological data of individuals under 16 (or applicable age of consent)
• Sensitive Categories: Inferring or targeting based on protected characteristics (race, religion, health status, political views, sexual orientation) without explicit consent and lawful basis
• Harmful Content: Promoting violence, hate speech, illegal activities, or self-harm

Customer Obligations:

• Legal Compliance: Ensure all data collection and use complies with applicable laws (GDPR, CCPA, PIPEDA, etc.)
• Consent Management: Obtain appropriate consents for behavioral tracking and psychological profiling
• Transparency: Provide clear, comprehensive privacy notices explaining psychographic analysis
• User Rights: Honor data subject requests for access, deletion, and portability
• Data Quality: Ensure submitted data is accurate, relevant, and lawfully collected
• Security: Implement appropriate safeguards for data in transit and at rest

Data Controller Responsibilities:

As Data Controller, you are responsible for:

• Determining purposes and means of processing
• Ensuring lawful basis for all processing activities
• Conducting Data Protection Impact Assessments (DPIAs) where required
• Maintaining records of processing activities
• Appointing Data Protection Officers where legally required

knXw as Data Processor:

When processing customer data, knXw commits to:

• Process data only according to documented customer instructions
• Maintain appropriate technical and organizational measures
• Assist with data subject requests and compliance obligations
• Notify customers of data breaches within 24 hours
• Delete or return data upon contract termination

Account Security:

• You are responsible for maintaining account credentials security
• All activities under your account are your responsibility
• Enable multi-factor authentication when available
• Notify us immediately of suspected unauthorized access

Access Controls:

• Implement principle of least privilege for team members
• Regularly review and revoke unnecessary access permissions
• Maintain accurate user role assignments
• Monitor access logs and unusual activity patterns

Subscription Tiers:

• Developer: Basic psychographic profiling with credit limits
• Growth: Advanced profiling with increased limits
• Pro: Full feature access with high-volume processing
• Enterprise: Custom solutions with dedicated support

Billing Terms:

• Subscriptions renew automatically unless cancelled
• Usage-based charges apply for credit overages
• Payment due upon invoice date via authorized payment method
• Late payments may result in service suspension
• All fees are non-refundable except as required by law

Fair Use Policy:

Usage must be reasonable and consistent with your subscription tier. Excessive usage may result in additional charges or service limitations.

knXw Platform:

All platform software, algorithms, documentation, and related intellectual property are owned by knXw and protected by copyright, patent, and trade secret laws.

Customer Data:

You retain ownership of all data submitted to knXw. You grant knXw a limited license to process this data solely for service delivery and improvement.

Derived Insights:

Psychographic profiles and insights generated from your data remain your property. knXw may use aggregated, anonymized insights to improve the platform.

Feedback License:

Feedback provided to knXw becomes our property and may be used for any purpose without compensation or attribution.

Service Warranty:

knXw warrants that services will be performed in accordance with documented specifications and industry standards. We maintain 99.9% uptime SLA for paid accounts.

Accuracy Disclaimer:

IMPORTANT: Psychographic insights are probabilistic assessments based on behavioral patterns. knXw does not guarantee accuracy of personality assessments or predictions. Results should be used as one factor in decision-making, not the sole determinant.

Legal Disclaimer:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KNXW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

Termination for Cause:

Either party may terminate immediately for:

• Material breach not cured within 30 days of written notice
• Violation of Acceptable Use Policy
• Insolvency or bankruptcy proceedings
• Failure to pay undisputed charges within 60 days

Termination for Convenience:

You may cancel your subscription at any time. We may terminate free accounts with 30 days notice.

Effect of Termination:

• Service access terminates immediately
• Customer data will be deleted after 90-day retention period
• Outstanding fees remain payable
• Survival provisions remain in effect

Negotiation:

Parties will attempt good faith negotiation for 30 days before initiating formal proceedings.

Arbitration:

For disputes exceeding $10,000, binding arbitration under AAA Commercial Rules. Location: jurisdiction of knXw's principal place of business.

Governing Law:

These Terms are governed by Delaware law, excluding conflict of law principles. Courts in Delaware have exclusive jurisdiction over non-arbitrable disputes.

Class Action Waiver:

All disputes must be brought individually. No class actions, collective actions, or representative proceedings.

Proactive Monitoring:

• Automated detection of potentially harmful use patterns
• Regular audit of high-risk customer implementations
• Machine learning models to identify policy violations
• Review of engagement rules and targeting criteria

Reporting Mechanisms:

Report suspected misuse to abuse@knxw.app. We investigate all reports and take appropriate action within 48 hours.

Enforcement Actions:

• Warning notices for first-time minor violations
• Feature restrictions for moderate violations
• Account suspension for serious violations
• Permanent termination for severe or repeated violations

Appeals Process:

Customers may appeal enforcement actions within 30 days. Appeals are reviewed by independent compliance committee.

Entire Agreement:

These Terms, Privacy Policy, and any executed agreements constitute the complete agreement between parties.

Modifications:

We may modify these Terms with 30 days advance notice. Material changes require explicit acceptance. Continued use constitutes agreement to modifications.

Severability:

If any provision is unenforceable, the remainder remains in full force and effect.

Assignment:

You may not assign these Terms without written consent. knXw may assign to affiliates or in connection with mergers/acquisitions.

Force Majeure:

Neither party liable for delays due to circumstances beyond reasonable control.