Terms of Service

Welcome, and thank you for your interest in Knightscope, Inc. (“Knightscope,” “we,” or “us”) and our website at www.knightscope.com (the “Site”). Use of our other products and services requires a separate agreement with us. These Website Terms of Service are a legally binding contract between you and Knightscope regarding your use of the Site.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING KNIGHTSCOPE’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Site. YOUR USE OF THE SITE, AND KNIGHTSCOPE’S PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BETWEEN KNIGHTSCOPE AND YOU TO BE BOUND BY THESE TERMS.

1.      Eligibility. You must be at least 18 years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Site; and (c) your registration and your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

2.      Restrictions; Feedback. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site; (b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site or our products and services (“Feedback”) or submit content, materials, or information through interactive features of the Site (“Content”), then you hereby grant Knightscope an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback or Content in any manner and for any purpose, including to improve the Site and create or improve other products and services.

3.      Ownership; Proprietary Rights. The Site is owned and operated by Knightscope. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by Knightscope are protected by intellectual property and other laws. All Materials included in the Site are the property of Knightscope or its third party licensors. Except as expressly authorized by Knightscope, you may not make use of the Materials. Knightscope reserves all rights to the Materials not granted expressly in these Terms.

4.      Third Party Terms. The Site may also contain links to third party websites. Linked websites are not under Knightscope’s control, and Knightscope is not responsible for their content. Knightscope does not control and does not have any obligation to monitor any content made available by third parties. You acknowledge and agree that Knightscope reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site for operational and other purposes. If at any time Knightscope chooses to monitor the content, Knightscope still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

5.      Prohibited Conduct. You shall not, and shall not permit any third party to: (a) modify or create any derivative works based on the Site or any portion thereof; (b) reproduce, distribute, publicly display, or publicly perform the Site or any portion thereof; (c) sublicense, distribute, sell, lend, rent, lease, transfer, or grant any rights in or to all or any portion of the Site or provide access to the Site to third parties on a service bureau basis or otherwise; (d) use or access the Site without permission, interfere with or circumvent any feature of the Site, including any security or access control mechanism, or introduce any security threats into or through the Site; (e) use the Site or any portion thereof to exploit, interfere with, or circumvent any feature of any other site or service; (f) use the Site or any portion thereof for any illegal, harmful, offensive, or objectionable purpose, including in a manner that disparages or defames, or violates the intellectual property or proprietary rights of, Knightscope or any third party; or (g) otherwise use the Site or any portion thereof) other than as provided herein, or in violation of any applicable law.

6.      Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. By using the Site after changes are published, you agree to the updated terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 6, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

7.      Modification of the Site. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Knightscope may, at its sole discretion, suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. Upon termination, your rights hereunder will terminate and you must immediately cease all use of the Site. Sections 2, 3, and 7 through 16 will survive termination. Knightscope reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Knightscope will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.

8.      Disclaimers; No Warranties. We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies. THE SITE AND ALL MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. KNIGHTSCOPE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. KNIGHTSCOPE DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND KNIGHTSCOPE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR KNIGHTSCOPE OR ANY MATERIALS AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING KNIGHTSCOPE OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE AND YOUR DEALING WITH ANY OTHER SITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA.

however, Knightscope does not disclaim any warranty or other right that Knightscope is prohibited from disclaiming under applicable law.

9.      Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KNIGHTSCOPE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY KNIGHTSCOPE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF KNIGHTSCOPE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO KNIGHTSCOPE FOR ACCESS TO AND USE OF THE SITE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.    Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Knightscope submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Site from our offices in California, and we make no representation that Materials included in the Site are appropriate or available for use in other locations.

11.    Privacy Policy. Please read the Knightscope Privacy Policy below carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Knightscope Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

12.    Consent to Electronic Communications. By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

13.    Contact Information. The Site is offered by Knightscope, Inc., located at 1070 Terra Bella Ave, Mountain View, CA 94043. You may contact us by sending correspondence to that address or by emailing us at contact@knightscope.com.

14.    Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.

15.    International Use. The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.

16.    Miscellaneous. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Knightscope regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Last Updated 06 January 2021

Privacy Policy

Thank you for visiting www.knightscope.com (“Site”), and, if applicable, choosing to use our products and services including, but not limited to, the Knightscope Security Operations Center, or KSOC, mobile app or web application (collectively the “Platform”) (the Site and the Platform, the “Service”). This Privacy Policy describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information.

Information Knightscope Collects on the Service.

• Personally Identifiable Information Collected Via the Site. Certain features of our Site may require you to submit personally identifiable information to us. During your use of the Site we may collect your name, email, address, telephone number, professional title, company name and address, organization information, and other identifying details. Any personally identifiable information you submit via the Site shall be used and disclosed in accordance with this Privacy Policy.
• Personally Identifiable Information Collected Via the Platform. When using our Platform we may collect personally identifiable information, including: your name, mobile phone information, UID, username, password, login information, Knightscope account information and contact information. Any personally identifiable information you submit via the Platform shall be used and disclosed in accordance with this Privacy Policy.
• Personally Identifiable Information Collected Via the Video Surveillance Service. When we provide video surveillance systems, the resulting video recordings may contain personally identifiable information which may be recorded on such video footage.
• “Cookies” Information.  When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer.  Knightscope may use both session cookies and persistent cookies.  A session cookie disappears after you close your browser.  A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service.  Persistent cookies can be removed.  Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.
• “Automatically Collected” Information.  When you use the Service or open one of our HTML emails, we may automatically record certain information from your web browser by using different types of technology, including standard log files, “clear gifs” or “web beacons.”  This “automatically collected” information may include Internet Protocol address (“IP Address”), UDID, or other device address or ID, web browser and/or device type, the web pages or Services that you visit just before or just after the Service, the pages you view on the Service, and the dates and times that you visit the Service.
• Push Notifications and Usage Data. By using our Service you agree that we may send you push notifications through your cellphone or mobile device. Please be aware that you may be able to change your notification settings through the application’s settings panel or the settings menu on your mobile device. Standard data and text message rates may apply to any notifications. Please review your data and messaging plan to understand any additional charges and fees for which you may be responsible. By using our Platform you agree to let us collect information about your usage of the application via your mobile device.
• Location Sharing. We may collect and store your location data when you access our Service via a mobile device or computer. You may be required to allow Knightscope to access your location data in order for the Service to function properly.

The Ways Knightscope Uses Your Information.

• This section explains how we plan on using your information submitted to us. Knightscope uses the information provided in or to develop, operate, maintain, enhance, and provide all of the features and services we provide, including those found on the Service, now and in the future, including the following:
• We use the information that we collect on the Service to operate, maintain, enhance and provide all features of our services, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.
• We use the surveillance videos, and any information contained therein, to provide security technologies to our clients for their usage.
• We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, feature, and functionality.
• We may use your email address or other information we collect on the Service (i) to contact you for administrative purposes such as customer service or (ii) to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”
• We may use “cookies” information and “automatically collected” information we collect on the Service to:  (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the Service and third-party marketing activities; (iv) monitor aggregate Service usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service.

When We Disclose Information. Except as described in this Privacy Policy, we will not disclose information about you that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

• We work with third party service providers to provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to or process information about you as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
• We may disclose the surveillance videos, and any information contained therein, to our clients in the course of providing our security technology tools. This may include providing clients with raw footage of such videos, or providing them with additional information, such as data, time, or analytics with respect to such videos.
• We may disclose information about you if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
• We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
• Information about our users may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
• We may make certain aggregated, automatically-collected, or otherwise non-personal information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.

Accessing, Editing, and Removing Your Information.

If you have submitted information to our Site you will be unable to edit that information. When using our Platform you may be able to access and edit your information via the Platform dashboard. However, you will be unable to opt out of any of our data collection practices via the Service. If at any time, you have any questions or wish to review, change, or delete any of your information collected by us, or if you would like us to permanently remove any accessible copies of your information, please contact us at contact@knightscope.com. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.  After you have cancelled your account please be aware that we may keep inaccessible copies of your information for a commercially reasonable period of time.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending your request to us by email at contact@knightscope.com or by writing to us at the address given at the end of this policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service.

Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.

Third Parties.

Knightscope may post links to third party websites on our Service, which may include information that we have no control over. When accessing a third party site through our Service, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites. Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties. Knightscope bears no responsibility for the information collected or used by any advertiser or third party website. You must review their terms of service and privacy policy to understand how their information collection practices work.

This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may control the data being collected from your visit by visiting https://sitespyiq.com through a universal consumer options page located at https://sitespyiq.com/Unsub/unsub.html.

Security Measures.

We make reasonable attempts to protect your information by using physical and electronic designed to improve the security and integrate of the information we maintain. For these reasons Knightscope employs SSL certificates and vulnerability scanning. However, as our Service is hosted electronically we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.Your California Privacy Rights.

Knightscope permits residents of the State of California to use its Service, and complies with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the California privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at contact@knightscope.com with any questions.Children’s Privacy.

We intend to fully comply with American and international laws respecting children’s privacy. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18 please do not access our Services.International Transfer.

The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.Changes and Updates.

Please check this Privacy Policy periodically for updates or changes. Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will modify the date listed on this Agreement or we may contact you. You must agree to the amendments as a condition of your continued use of our Service. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.

Last updated 06 January 2021

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