Terms of Service

kWiki (“us,” “we,” or “our”) would like to welcome you (“you” or “your”) to our site, www.kwiki.io (“Site”). These terms of service, including any terms and policies referenced in these terms (collectively, “Terms”) govern your access and use of our Site and Service (as defined below).

Acceptance

Please read these terms carefully. By clicking the “get started” on kWiki.io home page or similar button to which this agreement is linked or attached or otherwise accessing the site or service, you are agreeing to these terms.

If you are accepting these Terms on behalf of a company, you represent that you have the necessary authority to bind such company to these Terms, in which case the terms “you” or “your” shall refer to your company.

If you do not agree with these Terms in their entirety or do not have the requisite authority to bind the company on whose behalf you are entering into these Terms, you must not accept these Terms, and must immediately discontinue all use of the Site and Service.

Any changes to the Terms will be posted to the website prior to the new terms becoming effective. Any new features released by kWiki shall be subject to the Terms. Continued use of the service after any such changes shall constitute your consent to such changes.

Violating of any of the terms below may result in the termination of your account.

Account

All information which you provide to us, including but not limited to information provided during registration and Your Content, is yours or within your right to use, and is and will remain accurate, complete and current.

You must be at least 13 years old and have the legal capacity to be bound by the Terms.

You are responsible for keeping your username and password secure. kWiki is not liable for any damage due to security issues resulting from your failure to do so.

Your login may only be used by the person who registered. Shared logins are not permitted. For separate logins, you should choose a plan that fits your needs.

If permitted under your plan type, you may allow others to use the Service solely on your behalf (“Team Members”), provided that you must ensure that all Team Members comply with these Terms.

Service

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Support for kWiki services is only available in English, via email.

We provide no guarantees for level of support, unless stipulated by an additional contract or SLA.

You understand that kWiki uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, kWiki, or any other kWiki service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by kWiki.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any kWiki customer or employee will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by kWiki) of other kWiki customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

kWiki does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. Removal of our logo using CSS or JavaScript without subscribing to the Business plan is not permitted. You expressly understand and agree that kWiki shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if kWiki has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.

You must not attempt to reverse engineer, read, or modify any kWiki code, or any code in a third party package being used by kWiki. This includes any code, configuration, or tools specifically related to the build process. The failure of kWiki to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and kWiki and govern your use of the Service, superseding any prior agreements between you and kWiki (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law.

Questions about the Terms of Service should be sent to info@kwiki.io

Content Ownership

Subject to the Terms, you may upload, transmit, post or create content, data, and information, including the API documentation (collectively, “your content”) within the Service.

Your content is and will always remain your content. We claim no intellectual property rights over your content.

You understand that your content, including your API Documentation may be visible or otherwise accessible to your Team Members, other users of our Service, and the public depending on the privacy level you chose for your content.

You are solely responsible for ensuring that your project has the appropriate settings for your content and we will not be responsible for any of your content being made visible to any third party or the public through the Service. kWiki does not screen or approve content.

kWiki holds the copyright to the look and feel of the service. While you are free to extract your content at any time, you may not copy any portion of the HTML, CSS or JS. 

Payment

Upgrading from the free trial or Free plan to Business plan will result in immediate billing.

Unless otherwise agreed, you will be billed monthly. Payment will be billed on (or as near as possible) to the day of the month you initially upgraded on.

All payments under $200/mo must be paid via credit card on the kWiki website. Companies on higher plans may request invoice payment, which will be billed regularly. Payment must be completed within 30 days.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle. If a project plan is cancelled partially through a month, the user will receive a prorated refund for the days remaining in their plan.

We will do our best to process refunds fairly, based on your usage of the service. 

Cancellation

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “Delete Project” button in the Project Settings.

All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

If you cancel the service before the end of the month, your cancellation will take effect immediately and you will not be charged again.

kWiki, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of kWiki for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. kWiki reserves the right to refuse service to anyone for any reason at any time.

In the event that kWiki takes action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct. 

Services and Pricing

kWiki reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of the services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting changes to the kWiki site or the Service itself.

kWiki shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuation of the service.