Terms & Conditions

 
  1. Your Acceptance

Welcome to the Terms of Use for the Knightscope website (www.knightscope.com). This is an agreement (“Agreement”) between Knightscope, Inc. (“Knightscope”), the owner and operator of www.knightscope.com and any services offered (collectively the “Site”) and you (“you”, “your” or “user(s)”), a user of the Site.   Throughout this Agreement, the words “Knightscope,” “us,” “we,” and “our,” refer to our company, Knightscope, Inc., as is appropriate in the context of the use of the words.

By clicking “I agree” or accessing the Site you agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement at any time and may notify you if we do so. PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.

  1. Privacy

Please read Knightscope’s Privacy Policy for more information regarding our collection and use of your information.

  1. Site Availability and Modification

Although we will attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Site at any time. We may conduct such modifications to our Site for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, legal, or other reasons.

  1. Third Party Links

The Site may contain links to third party websites that are not owned or controlled by Knightscope. Knightscope has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Knightscope will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Knightscope from any and all liability arising from your use of any third-party website.

  1. Your Conduct While Using The Site

When accessing or using our Site, you are solely responsible for your use and for any use of the Knightscope Site made using your account. You agree to abide by the following rules of conduct:

  • You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
  • You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;
  • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You agree not to use the Site to stalk, harass, bully or harm another individual;
  • You agree that you will not hold Knightscope responsible for your use of the Site;
  • You agree not to violate any requirements, procedures, policies or regulations of networks connected to Knightscope;
  • You agree not to interfere with or disrupt the Site;
  • You agree to not violate any federal or state laws within the US while using the Site; and
  • You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but Knightscope reserves the right to suspend or terminate any account at any time without notice or explanation.

  1. Your Content

Your ability to submit or transmit any information through the Site, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. When you submit any User Content to us, you grant Knightscope, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content.

  1. Intellectual Property

The name “Knightscope,” the design of the Knightscope Site along with Knightscope created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein (“Marks”), are owned by or licensed to Knightscope. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Knightscope reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site unless we have given you express written permission.

  1. Idea Submission

Knightscope or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Knightscope. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Knightscope’s products might seem similar to ideas you submitted to Knightscope. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Knightscope, without any compensation to you; (2) Knightscope may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Knightscope to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

  1. Limitation of Liability; Representations and Warranties

We try to keep our Site safe, secure, and properly functioning, but we cannot guarantee the continuous operation of or access to our Site. You agree that you are making use of our Site at your own risk, and that they are being provided to you on an “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, freedom from viruses, and non-infringement.

To the extent permitted by applicable law, we (including OUR officers, directors, agents, AFFILIATES and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of the Site or any of its related services WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Knightscope’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

  1. Indemnity

You agree to defend, indemnify and hold harmless Knightscope, Inc., its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • your use of and access to the Knightscope Site;
  • your violation of any term of this Agreement; or
  • any claim that your use of the Site harmed a third party.

This defense and indemnification obligation will survive this Agreement and your use of the Knightscope Site. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

  1. Copyrights

We take copyright infringement very seriously, and we shall comply with the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Knightscope, contact@knightscope.com.

  1. Age Compliance

The Site may only be used by persons 18 years and older. If you are under 18 please stop using our Site and please do not submit any information to us.

  1. Choice of Law

This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.

  1. Forum

You and Knightscope agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Santa Clara County, California.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

  1. Class Action Waiver

You and Knightscope agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

  1. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

  1. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Knightscope are deemed to conflict with each other’s operation, you agree that Knightscope shall have the sole right to elect which provision remains in force.

  1. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  1. Termination of Your Access

If we determine that any of your actions may harm Knightscope, we may terminate or suspend your access to the Site without notice, though we will strive to provide a timely explanation in most cases.   If you wish to terminate your use of our Site, simply discontinue using the Site or notify us.   All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Site and may terminate our Site and Site at any time and for any reason.

  1. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

  1. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.

  1. Electronic Communications

The communications between you and Knightscope use electronic means, whether you visit the Site or send Knightscope e-mails, or whether Knightscope posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Knightscope in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Knightscope provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

  1. California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Knightscope must be sent to our agent for notice to: contact@knightscope.com or by mail addressed to Agent of Knightscope, 1070 Terra Bella Ave., Mountain View, CA 94043

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Last Updated: August 3, 2015

Knightscope Privacy Policy

  1. Introduction

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”). We try to make our Privacy Policy easy to understand so that you are informed as to how we use your information. This Privacy Policy is an integral part of using our Platform and Site; therefore, you must completely agree to our Privacy Policy in order to use our Site or Platform. You must be over the age of 18 to use our Site or Platform.

  1. Information Collected

Personally Identifiable Information Collected Via the Site

You will not be required to provide us with any information when you visit our Site. However, portions 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.

Non-Identifying Information

Whenever you use our Site or Platform, we may collect non-identifying information from you, such as your IP address, interactions with the Site and Platform, query information, location information, pricing data, research history, location and GPS information, referring URL, browser, application interaction, mobile provider information, operating system, data usage, data transferred, and Internet Service Provider.

  1. Push Notifications and Usage Data

By using our Platform 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 the our Platform you agree to let us collect information about your usage of the application via your mobile device.

  1. Location Sharing

We may collect and store your location data when you access our Platform via a mobile device or computer. You may be required to allow Knightscope to access your location data in order for the Platform to function properly.

  1. Use of Your Information

This section explains how we plan on using your information submitted to us. In order to use our Platform or Site, you agree that we may use your personally identifiable information:

  • To enhance or improve your user experience.
  • To improve the Site and Platform.
  • To email you newsletters and marketing as required.
  • To conduct surveys, questionairres, polling, or user responses.
  • To receive inquiries, comments, questions, orders or pre-orders.
  • To understand how you communicate and use our Platform or Site.
  • To contact and correspond with you and to respond to your inquiries.

Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of any US laws, EU laws or if a violation of any other agreements or the Privacy Policy has occurred.

  1. 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 Site or Platform. If at any time, you have any questions or wish to review, change, or delete any of your information collected by us, please contact us at contact@knightscope.com. Additionally, if you would like us to permanately remove any accessible copies of your information, please contact us at contact@knightscope.com.  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.

  1. Cookies and Other Tracking

Our current Site uses cookies to track your preferences. You may disable cookies via your browser settings; however, disabiling cookies may result in undesired performance when accessing the Site.

  1. Third Party Access to Your Information

Although you are entering into an Agreement with Knightscope to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others to allow you to access the Site and Platform.

Throughout the course of our provision of our services to you, we may delegate our authority to collect, access, use, and disseminate your information. It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our Platform or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

 

  1. Law Enforcement

You agree that we may disclose your information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated US laws or the terms of any of our agreements with you or if we believe that a third party is at risk of bodily harm.  In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, where your actions violate any law of the United States or any other country having jurisdiction over us, our Site, or the Platform. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or national authorities, as required.

  1. Commercial, Non-Commercial Communications and Do Not Track

If you decide to provide us with your contact information, you agree that we may send you communications via text and email. However, you may unsubscribe from certain communications by notifying Knightscope that you no longer wish to receive these communications. We will endeavour to promptly remove you from our notification listings once we have received that request. We currently do not offer website functionality for you to opt out of any “do not track” listings. If you wish to opt out of certain communications or information collection, please contact us at contact@knightscope.com.

  1. Third Parties

Knightscope may post links to third party websites on our Site, which may include information that we have no control over. When accessing a third party site through our Site or Platform, 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 to understand how their information collection practices work.

  1. Security Measures

We make reasonable attempts to protect your information by using physical and electronic safeguards. For these reasons Knightscope employs SSL certificates and vulnerability scanning. However, as our Platform and Site are 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.

  1. Your California Privacy Rights

Knightscope permits residents of the State of California to use its Platform, 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 Californian 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.

  1. Age Compliance

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 the Platform or Site.

  1. International Transfer

Your information may be transferred to – and maintained on – computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. We may transfer personal information to the United States or elsewhere and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

  1. Merger and Acquisition

In the event that the Knightscope is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.

  1. Amendments

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 Site and Platform. If you do not agree, you must immediately cease using our Site and Platform and notify us of your refusal to agree by e-mailing us at contact@knightscope.com.

 

Last Modified: August 3, 2015