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KnowBe4 Mobile App License Agreement - iOS

Last Updated: February 6, 2023

KnowBe4 Mobile App License Agreement for iOS
END USER LICENSE AGREEMENT

Version Date: Feb 6, 2023

THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ IT CAREFULLY. BY INSTALLING, DOWNLOADING, OR USING THE KNOWBE4 MOBILE APP AND/OR ANY UPDATES PROVIDED BY KNOWBE4 (“APPLICATION”), YOU (THE INDIVIDUAL OR LEGAL ENTITY, HEREIN REFERRED TO AS “YOU” OR “YOUR”):

  • AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT (“EULA”) ON BEHALF OF THE KNOWBE4 CUSTOMER WITH WHICH YOU ARE EMPLOYED, AFFILIATED, OR ASSOCIATED (THE “KNOWBE4 CUSTOMER”);
  • REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE KNOWBE4 CUSTOMER TO THIS EULA; AND
  • REPRESENT THAT YOU ARE A USER UNDER THE PURCHASING AGREEMENT BETWEEN KNOWBE4 AND THE KNOWBE4 CUSTOMER.

IF YOU DO NOT HAVE SUCH AUTHORITY, ARE NOT A USER, OR DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND YOU MUST DELETE OR RETURN THE UNUSED APPLICATION TO THE VENDOR FROM WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS AND REQUEST A REFUND OF THE LICENSE FEE, IF ANY, THAT YOU PAID FOR THE APPLICATION. THE APPLICATION MAY NOT BE ACCESSED FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE, OR FUNCTIONALITY; FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES; OR AS OTHERWISE RESTRICTED BY THIS EULA. KNOWBE4’S COMPETITORS (OR THIRD PARTIES ACTING ON BEHALF OF SUCH COMPETITORS) ARE PROHIBITED FROM ACCESSING THE APPLICATION. KNOWBE4 ENCOURAGES YOU TO PERIODICALLY REVIEW AND CHECK THIS EULA FOR UPDATES TO STAY INFORMED ABOUT THE TERMS THAT GOVERN YOUR USE OF THE APPLICATION. YOUR CONTINUED USE OF THE APPLICATION AFTER KNOWBE4 MAKES ANY CHANGES IS DEEMED TO BE AN ACCEPTANCE OF THOSE CHANGES.

    1. ACKNOWLEDGEMENT. KnowBe4 provides the Application to you “as is” and “as available” and as an accommodation to you to access certain functionalities in the KnowBe4 subscription service, to which the KnowBe4 Customer has previously purchased the necessary use rights in a separate purchase agreement (“Master Subscription Agreement”), a current version of which may be found at: knowbe4.com/terms, or such other URL locations on KnowBe4’s website as KnowBe4 may provide from time to time. KnowBe4 may, at any time, and in its sole discretion, suspend or remove your access to this Application or terminate the availability of this Application without any liability to you or any third party. In addition, this EULA shall terminate immediately and automatically upon any termination or expiration of the KnowBe4 Customer's Master Subscription Agreement. In the event of any termination, you must remove and destroy all copies of the Application, including all backup copies from all devices you own, possess, or control and on which the Application is installed.

    2. DATA COLLECTION AND PRIVACY. The Application may collect information about your use of the Application, including information you provide directly or through automated means, including geolocation data (if you choose to share it), device and OS identification, login credentials, language, and time zone. KnowBe4 may use this information for the purposes specified in Apple’s and KnowBe4’s privacy notices/policies. A current version of KnowBe4’s privacy notice is located at: knowbe4.com/product-privacy-notice, or such other URL locations on KnowBe4’s website as KnowBe4 may provide from time to time.

      The Application may contain or use location-based services. If you use or access such location-based services in connection with the Application, you hereby consent to the collection, transmission, and use of your location data by the Application.

      Any information you provide to Apple will be subject to the Apple Privacy Policy. The Application may contain links to third party sites that are not owned or controlled by KnowBe4 or Apple. KnowBe4 and Apple have no control over, and assume no responsibility for, any actions or omissions of such third parties. You are subject to the policies of those third parties where applicable. By using this Application, you expressly relieve KnowBe4 and Apple from any and all liability arising from your use of any third party site accessed from this Application.

      You hereby agree that with regard to information that the Application collects, in the event KnowBe4 is required to provide you with notice of a data breach in accordance with its legal or contractual obligations, including obligations to any operating system provider, KnowBe4’s obligation to notify you of such a breach is satisfied by providing notice to the company that is a party to the Master Subscription Agreement in accordance with the notice terms of the Master Subscription Agreement and any associated data protection agreements, as may be applicable. For the avoidance of doubt, KnowBe4 may not notify you directly of such data breach and notification to the KnowBe4 Customer satisfies any notification obligation that KnowBe4 may have to you.

    3. SCOPE OF LICENSE. KnowBe4 hereby grants to you a non-exclusive, non-transferable, non-sublicensable license, to perform, display, and use the Application on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the Application may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. The Application is licensed, not sold.

    4. RESTRICTIONS. You shall not: (a) license, sub-license, sell, re-sell, rent, lease, transfer, distribute, or time share or otherwise make the Application available for access by third parties in whole or in part; (b) disassemble, reverse engineer, decompile, or modify the Application or otherwise create derivative works thereof; (c) use the Application to access KnowBe4’s subscription service in a manner not authorized by the Master Subscription Agreement; or (d) use the Application in any manner which violates any applicable law or regulation. If you wish to exercise any rights to reverse engineer to ensure interoperability in accordance with applicable law, you must first provide KnowBe4 with a thirty (30) days’ prior written notice and all reasonably requested information to support@knowbe4.com and permit KnowBe4 to assess your claim and, at KnowBe4’s sole discretion, to make an offer to provide alternatives that reduce any adverse impact on KnowBe4’s intellectual property or other rights.

    5. DISCLAIMER OF WARRANTIES. KNOWBE4 DISCLAIMS RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THIS APPLICATION. KNOWBE4 DISCLAIMS TO THE FULLEST EXTENT PERMITTED, ALL GUARANTEES AND EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES REGARDING THE AVAILABILITY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS APPLICATION. YOU DOWNLOAD AND USE THIS APPLICATION AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICES OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF THIS APPLICATION.

    6. LEGAL COMPLIANCE. The Application may be subject to United States export control and economic sanctions laws and regulations. Without prior authorization from the United States Government, you shall not use the Application for, and shall not permit the Application to be used for, any purposes prohibited by United States law, including, without limitation, for any prohibited development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons. Without limiting the foregoing, you represent and warrant that: (a) you are not, and are not acting on behalf of, any person who is a citizen, national, or resident of, located in, or who is controlled by the government of, Cuba, Iran, North Korea, Syria, Crimea, Luhansk, Donetsk, or any other country or territory to which the United States has prohibited export transactions; (b) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (c) you are not, and are not acting on behalf of, any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List, Unverified List, or Entity List or any other U.S. Government list of prohibited or restricted parties unless authorized by a license or regulation. The KnowBe4 Customer is solely responsible for determining and implementing any age ratings or parental advisory warnings required by the applicable government regulations, ratings board(s), service(s), or other organizations (each a “Ratings Board”) for any video, television, gaming, or other content that you or the Customer load into your instance of the KnowBe4 subscription service, which may then be accessed through the Application. Where applicable, the KnowBe4 Customer shall also be responsible for providing any content restriction tools or age verification functionality before enabling end-users to access mature or otherwise regulated content through the Application.

    7. INTELLECTUAL PROPERTY. KnowBe4 owns all right, title, and interest in and to this Application, including intellectual property rights therein. All rights not expressly granted herein are reserved.

    8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KNOWBE4 AND ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KNOWBE4’S AND ITS LICENSORS’ LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE PURCHASE PRICE OF THE APPLICATION. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER KNOWBE4 OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    9. INDEMNIFICATION. You will indemnify, defend, and hold harmless KnowBe4, its affiliates, and their respective directors, officers, employees, and agents from any claim, action, suit, or proceeding, as well as any other losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) made by any third party due to or arising directly or indirectly out of: (a) your conduct or its connection with your use of this Application; (b) your violation of the terms herein; (c) your violation of Apple’s App Store Terms of Service; and (d) any violation of any applicable law or regulation. KnowBe4 reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

    10. SUPPORT. If you have a support question regarding the Application, use KnowBe4’s standard support process to receive assistance. More information is available at: support.knowbe4.com, or such other URL locations on KnowBe4’s website as KnowBe4 may provide from time to time.

    11. CONTRACTING PARTIES. “KnowBe4” shall be defined herein as KnowBe4, Inc., a Delaware Corporation with a principal place of business at 33 N. Garden Ave., Suite 1200, Clearwater, Florida 33755, U.S.A. and its subsidiaries. This EULA is governed by the laws of the State of Delaware, United States of America, unless mandated by other law. The United Nations Convention for the International Sale of Goods shall not apply.

    12. COMPLAINTS. If you have questions, complaints or claims with respect to the Application, you may direct your request to support@knowbe4.com. All notices pertaining to contractual or legal matters (e.g., breach of contract, indemnifiable claims, etc.) must clearly be identified and marked as a “Legal Notice”.

    13. ENTIRE AGREEMENT. This EULA represents the entire agreement between the parties with respect to the Application, and supersedes any prior or contemporaneous oral or written agreements concerning the subject matter contained herein.

    14. HEADINGS. Headings under this EULA are intended only for convenience and shall not affect the interpretation of this EULA.

    15. WAIVER AND MODIFICATION. No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of those rights. This EULA may only be modified, or any rights under it waived, by a written agreement executed by the party against which it is asserted.

    16. SEVERABILITY. If any provision of this EULA is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA will not be affected.

    17. US GOVERNMENT RESTRICTED RIGHTS. The Application and any related documentation are deemed to be “commercial computer SOFTWARE” and “commercial computer Application documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display, or disclosure of the Application by the U.S. Government shall be governed solely by the terms of this EULA.

    18. TERMS REQUIRED BY APPLE INC.

      1. In the event of any conflict between this Section and the rest of the EULA, this Section shall control. For the purposes of this EULA, “Apple” means Apple, Inc., a California corporation with its principal place of business at 1 Infinite Loop, Cupertino, California 95014, U.S.A. and “App Store” means an electronic store and its storefronts branded, and owned and/or controlled by Apple or an affiliate of Apple. To the extent that the usage rules for the Application set forth in Apple’s App Store Terms of Service are more restrictive, such usage rules shall apply.
      2. This EULA is between you, the KnowBe4 Customer, and KnowBe4 only, and not with Apple. KnowBe4 is solely responsible for the Application and the content thereof.
      3. Your use of the Application must comply with the Usage Rules set forth in the Apple App Store Terms of Use. The license granted for the Application is a non-transferable license to use the Application on the available iOS Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service; such Application may not be accessed, acquired, or used by other associated accounts via Apple’s Family Sharing program or volume purchasing.
      4. KnowBe4 is solely responsible for providing maintenance and support for the Application. Support requests, as well as questions or complaints regarding the Application, may be directed to KnowBe4 Customer Support by submitting a ticket to the KnowBe4 customer support page located at support.knowbe4.com; by emailing support@knowbe4.com; or by calling the support number at 855-815-9494 (see support page for additional numbers by location). You acknowledge that Apple has no obligation to furnish any maintenance and support services with respect to the Application.
      5. In the event of any failure of the Application to comply with the warranty in the Master Subscription Agreement, the KnowBe4 Customer may notify Apple, and Apple will refund the purchase price for the Application to the KnowBe4 Customer. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and will not be liable for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. KnowBe4 shall not be required to provide a refund to you or to the KnowBe4 Customer under any circumstances.
      6. Apple shall not be responsible for addressing any claims by you, the KnowBe4 Customer, or any third party relating to the Application or your or the KnowBe4 Customer's possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, privacy, or similar legislation.
      7. Apple shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Application, or your or the KnowBe4 Customer's possession and use of the Application, infringes a third party's intellectual property rights.
      8. You, the user (including you as the KnowBe4 Customer) represent and warrant that: (i) the Application will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist-supporting" country; and (ii) neither you, the KnowBe4 Customer, nor any user is listed on any U.S. Government list of prohibited or restricted parties.
      9. KnowBe4’s address is KnowBe4, Inc., ATTN: LEGAL DEPARTMENT, 33 N. Garden Ave., Suite 1200, Clearwater, Florida 33755, U.S.A.
      10. Notwithstanding anything to the contrary in the Master Subscription Agreement, Apple and its subsidiaries are third-party beneficiaries of this EULA, and have the right (and shall be deemed to have accepted the right) to enforce this EULA against you and the KnowBe4 Customer.
      11. To the extent that any third-party terms are applicable when using the Application, you must comply with such terms when using the Application.
      12. Any translation of this EULA is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this EULA shall govern. If you are located in the province of Quebec, Canada, the following clause applies: the parties hereby confirm that you have requested this EULA and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.