Knowlii Terms of Service - BETA

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Knowlii Services, you agree to comply with and be bound by these Terms of Service.

Last Updated: 1st of July 2017

  1. Scope of Knowlii Services
  2. Eligibility, Using the Knowlii Services, User Verification
  3. Modification of these Terms
  4. Account Registration
  5. Content
  6. Wizard Chat Fees
  7. Wizards Chats
  8. Booking Modifications, Cancellations and Refunds, Resolution Center
  9. Ratings and Reviews
  10. Currency conversion
  11. Taxes
  12. Prohibited Activities
  13. Term and Termination, Suspension and other Measures
  14. Disclaimers
  15. Liability
  16. Indemnification
  17. Feedback
  18. General Provisions

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Knowlii (as defined below) governing your access to and use of the Knowlii website, including any subdomains thereof, and any other websites through which Knowlii makes the Knowlii Services available, our mobile, tablet and other smart device applications, and application program interfaces and all associated services (collectively, "Knowlii Services"). Our other terms and policies applicable to your use of the Knowlii Services are incorporated by reference into this Agreement.

When these Terms mention “Knowlii,” “we,” “us,” or “our,” it refers to the Knowlii – UBiiRE Inc. 2345 Yale Street, 1st Floor, Palo Alto, CA 94306, USA.

Our collection and use of personal information in connection with your access to and use of the Knowlii Services is described in our Privacy Policy.


    1. Scope of Knowlii Services

    1. Knowlii is an online review and advice platform that enables registered users (“Users”) and certain third parties who offer services (Users and third parties who offer advice services are called “Wizards” and the services they offer are “Wizard Chats”) to communicate via a private message or chat platform with Users in order to seek chargeable recommendations and advice services via Wizard Chats. A Wizard Chat is created when a User has requested information and subsequently selects a Wizard from those responding to the User’s original request. Whenever a Wizard Chat is initiated by a User a minimum tip is payable to the Wizard (“Wizard Chat Fee”) which is collected by Knowli on behalf of the Wizard].
    2. As the provider of the Knowlii Services, Knowlii does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Wizard Chats. Wizards alone are responsible for the advice given in their Wizard Chats. When Users make or accept a Wizard Chat, Knowlii is not and does not become a party to or other participant in any contractual relationship between Users. Knowlii is not acting as an agent in any capacity for any User.
    3. While we may help facilitate the resolution of disputes, Knowlii has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Wizard Chats, (ii) the truth or accuracy of any Wizard Chat descriptions, Ratings, Reviews, or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. Knowlii does not endorse any User or Wizard. Any references to a User being "verified" (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Knowlii about any User, including of the User's identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use Wizard Chats, or communicate and interact with other Users, whether online or in person.
    4. If you choose to use the Knowlii Services as a Wizard, your relationship with Knowlii is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Knowlii for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Knowlii.
    5. To promote the Knowlii Services and to increase the exposure of Wizard Chats to potential Users, Wizard Chats and other User Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, Wizard Chats and other User Content may be translated, in whole or in part, into other languages. Knowlii cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations.
    6. The Knowlii Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Knowlii is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Knowlii of such Third-Party Services.
    7. Due to the nature of the Internet, Knowlii cannot guarantee the continuous and uninterrupted availability and accessibility of the Knowlii Services. Knowlii may restrict the availability of the Knowlii Services or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Knowlii Services. Knowlii may improve, enhance and modify the Knowlii Services and introduce new Knowlii Services from time to time.

  1. 2. Eligibility, Using the Knowlii Services, User Verification

    1. You must be at least 18 years old and able to enter into legally binding contracts to access and use the Knowlii Services or register a Knowlii Account. By accessing or using the Knowlii Services you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
    2. Knowlii may make the access to and use of the Knowlii Services, or certain areas or features of the Knowlii Services, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or Wizard Chat history.
    3. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
    4. The access to or use of certain areas and features of the Knowlii Services may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Knowlii Services, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

  2. 3. Modification of these Terms

  3. Knowlii reserves the right to modify these Terms at any time in line with this provision. If we make changes to these Terms, we will post the revised Terms on our website(s) and apps and update the “Last Updated” date at the top of these Terms. We will also give you notice of the changes by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Knowlii Services will constitute you accepting the updated Terms.


  4. 4. Account Registration

    1. You must register an account ("Knowlii Account") to access and use certain features of the Knowlii Services, such as requesting or giving Wizard Chats.
    2. You can register a Knowlii Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Knowlii Account and your SNS Account at any time, by accessing the "Settings" section of the Knowlii Services.
    3. You must provide accurate, current and complete information during the registration process and keep your Knowlii Account and public Knowlii Account profile page information up-to-date at all times.
    4. You may not register more than one (1) Knowlii Account unless we authorize you to do so. You may not assign or otherwise transfer your Knowlii Account to another party.
    5. You are responsible for maintaining the confidentiality and security of your Knowlii Account credentials and may not disclose your credentials to any third party. You must immediately notify Knowlii if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Knowlii Account. You are liable for any and all activities conducted through your Knowlii Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

  5. 5. Content

    1. Knowlii may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Knowlii Services ("User Content"); and (ii) access and view User Content and any content that Knowlii itself makes available on or through the Knowlii Services, including proprietary Knowlii content and any content licensed or authorized for use by or through Knowlii from a third party ("Knowlii Content" and together with User Content, "Collective Content").
    2. The Knowlii Services, Knowlii Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Knowlii Services and Knowlii Content, including all associated intellectual property rights, are the exclusive property of Knowlii and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Knowlii Services, Knowlii Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Knowlii used on or in connection with the Knowlii Services and Knowlii Content are trademarks or registered trademarks of Knowlii in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Knowlii Services, Knowlii Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
    3. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Knowlii Services or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms or in writing by Knowlii. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Knowlii or its licensors, except for the licenses and rights expressly granted in these Terms.
    4. Subject to your compliance with these Terms, Knowlii grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Knowlii application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Knowlii Services and accessible to you, solely for your personal and non-commercial use.
    5. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Knowlii Services, you grant to Knowlii a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Knowlii Services, in any media or platform. Unless you provide specific consent, Knowlii does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
    6. You are solely responsible for all User Content that you make available on or through the Knowlii Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Knowlii Services or you have all rights, licenses, consents and releases that are necessary to grant to Knowlii the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Knowlii's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    7. You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any Knowlii policy. Knowlii may, without prior notice, remove or disable access to any User Content that Knowlii finds to be in violation of these Terms or Knowlii’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Knowlii, its Users, third parties, or property.
    8. Knowlii respects copyright law and expects its Users to do the same. If you believe that any content on the Knowlii Services infringes copyrights you own, please notify us.

  6. 6. Wizard Chat Fees

    1. Knowlii will charge Users Wizard Chat Fees in consideration for the use of the Knowlii Services, which will be payable either proactively by the User immediately following receipt of a Wizard Chat or a User will be automatically charged the minimum tip value for a Wizard Chat if a payment has not been made by a User within [24 hours] of a Wizard or Knowlii [closing a Wizard Chat]. More information about the minimum tip levels can be found on the Knowlii homepage. [name and link for relevant page of the website].
    2. Any applicable Wizard Chat Fees (including any applicable Taxes) will be displayed to a Wizard or User prior to entering into a Wizard Chat. Knowlii reserves the right to change the minimum tip levels at any time, and we will provide Users adequate notice of any fee changes before they become effective.
    3. You are responsible for paying any Wizard Chat Fees that you owe to Knowlii. Except as otherwise provided on the Knowlii Services, Wizard Chat Fees are non-refundable.
    4. Users are responsible for paying any fees due to third party service providers where such services are accessed via a link or referral from within the Knowlii Services or as part of a Wizard Chat.

  7. 7. Wizards Chats

    1. When creating a Wizard Chat through the Knowlii Services, Wizards must (i) provide complete and accurate information about the subject of their Wizard Chat (such as a link to the relevant services, listing description or location as appropriate), (ii) disclose any known deficiencies and requirements that apply (such as any minimum age or proficiency) and (iii) provide any other pertinent information requested by Knowlii or a User. Wizards are responsible for keeping their Wizard Chat information up-to-date at all times and notifying Users if they become aware of changing circumstances which would affect the substance of Wizard Chats previously given.
    2. A minimum tip value (including any Taxes if applicable), will be set by the Knowlii Services for each Wizard’s Wizard Chats (“Wizard Chat Fee”). Once a User agrees to enter into a Wizard Chat, the Wizard may not request that the User pays a higher minimum Wizard Chat Fee that the minimum tip fee.
    3. When giving Wizard Chats, Wizards must (where applicable) fully educate and inform Users about (i) any risks inherent in the subject matter of their tips, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the subject matter of their tips (including dress codes, equipment, special certifications or licenses, etc.).
    4. Users can choose to enter into a chat with a Wizard and will be then be liable to pay them a Wizard Chat Fee regardless of the quality of Wizard Chat given or is of a satisfactory quality. As a User, you agree to pay the Wizard Chat Fees for any Wizard Chat requested in connection with your Knowlii Account.

  8. 8. Booking Modifications, Cancellations and Refunds, Resolution Center

    1. Users will be able to report a wizard if they deem the information and content to be objectionable or abusive, and in doing so claim a full refund once the complaint is reviewed and verified by Knowlii.
    2. Knowlii may determine, in its sole discretion, to refund the User part or all of the Total Fees in accordance with the Knowlii Refund Policy.
    3. Users may use the Knowlii contact details to send or request money for refunds related to bookings.

  9. 9. Ratings and Reviews

    1. Straight after the use of the Wizard Chat, Users can leave a public review (“Review”) and submit a star rating (“Rating”) about the Wizard(s) that they have used. Any Ratings or Reviews reflect the opinion of individual Users and do not reflect the opinion of Knowlii. Ratings and Reviews are not verified by Knowlii for accuracy and may be incorrect or misleading.
    2. Ratings and Reviews by Users must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Knowlii’s Content Policy.
    3. Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another User.

  10. 10. Currency conversion

    1. The Knowlii Services facilitates bookings between Users who will pay in their destination currency and which will require currency conversions to accommodate these differing currency preferences. Although Knowlii Services will allow Users to view the price of Wizard Chats in the destination currency, the currencies available for Users to make and receive payments may be limited, and may not include the default currency in any given geographic location.

  11. 11. Taxes

    1. As a Wizard you are solely responsible for determining your obligations to report, collect, remit or include in your Wizard Chat Fees any applicable VAT or other indirect sales taxes or income taxes ("Taxes").
    2. Tax regulations may require us to collect appropriate Tax information from Wizards, or to withhold Taxes from payouts to Wizards, or both. If a Wizard fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
    3. You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where you are located may require Taxes to be collected from Users or Wizards on Wizard Chat Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Wizard Chat Fees set by Wizards.

  12. 12. Prohibited Activities

    1. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Knowlii Services. In connection with your use of the Knowlii Services, you will not and will not assist or enable others to:
      1. a) breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
      2. b) use the Knowlii Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Knowlii endorsement, partnership or otherwise misleads others as to your affiliation with Knowlii;
      3. c) copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Knowlii Services in any way that is inconsistent with Knowlii’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
      4. d) use the Knowlii Services in connection with the distribution of unsolicited commercial messages ("spam");
      5. e) contact another User for any purpose other than asking a question related to a your own booking, Wizard Chat, or the User's use of the Knowlii Services, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
      6. f) use the Knowlii Services to request, make or accept a recommendation independent of the Knowlii Services, to circumvent any Service Fees or for any other reason;
      7. g) request, accept or make any payment for Wizard Chat Fees outside of the Knowlii Services. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Knowlii harmless from any liability for such payment;
      8. h) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
      9. i) use, display, mirror or frame the Knowlii Services or Collective Content, or any individual element within the Knowlii Services, Knowlii's name, any Knowlii trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Knowlii Services, without Knowlii's express written consent;
      10. j) dilute, tarnish or otherwise harm the Knowlii brand in any way, including through unauthorized use of Collective Content, registering and/or using Knowlii or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Knowlii domains, trademarks, taglines, promotional campaigns or Collective Content;
      11. k) use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Knowlii Services for any purpose;
      12. l) avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Knowlii or any of Knowlii's providers or any other third party to protect the Knowlii Services;
      13. m) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Knowlii Services;
      14. n) take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Knowlii Services;
      15. o) export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
      16. p) violate or infringe anyone else’s rights or otherwise cause harm to anyone.
    2. You acknowledge that Knowlii has no obligation to monitor the access to or use of the Knowlii Services by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Knowlii Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Knowlii in good faith, and to provide Knowlii with such information and take such actions as may be reasonably requested by Knowlii with respect to any investigation undertaken by Knowlii or a representative of Knowlii regarding the use or abuse of the Knowlii Services.
    3. If you feel that any User you interact with, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to Knowlii by contacting immediately.

  13. 13. Term and Termination, Suspension and other Measures

    1. This Agreement shall be effective upon your use of the Knowlii Services and shall continue until such time as terminated under the terms of this Agreement.
    2. You may terminate this Agreement at any time via the "Cancel Account" feature on the Knowlii Services or by sending us an email. If you cancel your Knowlii Account as a Wizard, any Wizard Chat(s) will be automatically ended. If you cancel your Knowlii Account as a User, any personal elements of your profile will be deleted and permanently removed, including all access to previously paid for Wizard Chats.
    3. Without limiting our rights specified below, Knowlii may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
    4. Knowlii may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Knowlii believes in good faith that such action is reasonably necessary to protect the personal safety or property of Knowlii, its Users, or third parties (for example in the case of fraudulent, objectionable of abusive behaviour of a User). Wizards will get 2 warnings for such inappropriate behaviour and will be immediately ejected from Knowlii upon verification of the 3rd instance, and barred from re-entering and using the app again.
    5. In addition, Knowlii may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Knowlii Account registration, Wizard Chat process or thereafter, (iv) you and/or your Wizard Chats at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Knowlii otherwise becomes aware of or has received complaints about your performance or conduct, or (vii) Knowlii believes in good faith that such action is reasonably necessary to protect the personal safety or property of Knowlii, its Users, or third parties, or to prevent fraud or other illegal activity:
      1. a) refuse to surface, delete or delay any Wizard Chats, Ratings, Reviews, or other User Content;
      2. b) limit your access to or use of the Knowlii Services;
      3. c) temporarily or permanently revoke any special status associated with your Knowlii Account; or
      4. d) temporarily or in case of severe or repeated offenses permanently suspend your Knowlii Account.
      In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Knowlii and an opportunity to resolve the issue to Knowlii's reasonable satisfaction.
    6. When this Agreement has been terminated, you are not entitled to a restoration of your Knowlii Account or any of your User Content. If your access to or use of the Knowlii Services has been limited or your Knowlii Account has been suspended or this Agreement has been terminated by us, you may not register a new Knowlii Account or access and use the Knowlii Services through a Knowlii Account of another User.
    7. If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

  14. 14. Disclaimers

  15. If you choose to use the Knowlii Services or Collective Content, you do so voluntarily and at your sole risk. The Knowlii Services and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

    You agree that you have had whatever opportunity you deem necessary to investigate the Knowlii Services, laws, rules, or regulations that may be applicable to your Wizard Chats you are receiving and that you are not relying upon any statement of law or fact made by Knowlii relating to a Wizard Chat.

    If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

    Users assume full responsibility for the choices you make before, during and after following a Wizard Chat. To the maximum extent permitted by law, you agree to release and hold harmless Knowlii from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs whilst following a Wizard Chat or in any way related to your Wizard Service.

    The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.


    15. Liability

    1. Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Knowlii Services and Collective Content, your publishing or booking of any Wizard Chat via the Knowlii Services, your stay at any Accommodation, participation in any Experience or Event or use of any other Wizard Service or any other interaction you have with other Users whether in person or online remains with you. Neither Knowlii nor any other party involved in creating, producing, or delivering the Knowlii Services or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Knowlii Services or Collective Content, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Knowlii Services, or (iv) from your publishing or booking of a Wizard Chat, including the provision or use of a Wizard Chat, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Knowlii has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms or an approved payment request under the Knowlii Wizard Guarantee, in no event will Knowlii’s aggregate liability arising out of or in connection with these Terms and your use of the Knowlii Services including, but not limited to, from your publishing or booking of any Wizard Chats via the Knowlii Services, or from the use of or inability to use the Knowlii Services or Collective Content and in connection with any Accommodation, Experiences, Event or other Wizard Service, or interactions with any other Users, exceed the amounts you have paid or owe for bookings via the Knowlii Services as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Wizard, the amounts paid by Knowlii to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Knowlii and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Knowlii’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
    2. If you reside in the EU, Knowlii is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Knowlii is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Knowlii in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Knowlii is excluded.

  16. 16. Indemnification

    You agree to release, defend (at Knowlii’s option), indemnify, and hold Knowlii and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Knowlii Services or any Knowlii Services, (iii) your interaction with any User, participation in any Wizard Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (v) your breach of any laws, regulations or third party rights.

    16. Dispute Resolution and Arbitration Agreement

    1. This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Knowlii in the United States (to the extent not in conflict with Section 21).
    2. Overview of Dispute Resolution Process. Knowlii is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Knowlii’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19). Specifically, the process provides:

      Claims can be filed with AAA online (www.adr.org);

      Arbitrators must be neutral and no party may unilaterally select an arbitrator;

      Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;

      Parties retain the right to seek relief in small claims court for certain claims, at their option;

      The initial filing fee for the consumer is capped at $200;

      The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;

      The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

    3. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Knowlii each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Knowlii’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
    4. Agreement to Arbitrate. You and Knowlii mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Knowlii Services, the Wizard Chats, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Knowlii agree that the arbitrator will decide that issue.
    5. Exceptions to Arbitration Agreement. You and Knowlii each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
    6. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
    7. Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Knowlii agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Knowlii both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
    8. Modification of AAA Rules - Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Knowlii agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
    9. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
    10. Jury Trial Waiver. You and Knowlii acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
    11. No Class Actions or Representative Proceedings. You and Knowlii acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Knowlii both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
    12. Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
    13. Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Knowlii changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Knowlii’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Knowlii in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
    14. Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Knowlii Services or terminate your Knowlii Account.

  17. 17. Feedback

    We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Knowlii Services (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Knowlii Services, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

    17. Applicable Law and Jurisdiction

    1. If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
    2. If you reside in China these Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Knowlii may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
    3. If you reside outside of the United States and China, these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Irish courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If Knowlii wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.

  18. 18. General Provisions

    1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Knowlii and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Knowlii and you in relation to the access to and use of the Knowlii Services.
    2. No joint venture, partnership, employment, or agency relationship exists between you and Knowlii as a result of this Agreement or your use of the Knowlii Services, provision of Wizard Chats or receipt of any Wizard Chat Fee or any part thereof.
    3. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
    4. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
    5. Knowlii’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
    6. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Knowlii's prior written consent. Knowlii may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
    7. Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be in writing and given by Knowlii via email, Knowlii Services notification, or messaging service (including SMS). The date of receipt will be deemed the date on which Knowlii transmits the notice.
    8. If you have any questions about these Terms please email us.