KnowFirst owns and operates the website [knowfirst.ai] its related applications (Website) and API. By accessing, using and submitting any information via the Website and/or API you are agreeing to the following terms, conditions and notices (Terms). If you are agreeing to these Terms on behalf of a business entity, you represent to us that you have legal authority to bind that entity. If you do not accept these Terms, you must refrain from using the Website and/or API.
In these Terms, ‘KnowFirst, ‘us‘, ‘we‘ and ‘our‘ refers to KnowFirst Pty Ltd ACN 650 973 407, and its related entities.
In accessing the Website and/or API, you agree that you will not:
You are responsible for the content, accuracy and completeness of any data or information you enter on the Website and/or APIor which you otherwise provide to KnowFirst. You acknowledge that such data or information that you enter into the Website and/or API or otherwise provide to KnowFirst is accurate, up to date, not misleading or deceptive in any way, and does not contravene any applicable law or infringe any third party’s rights.
You acknowledge that KnowFirst is not bound by any express or other obligations of confidentiality with respect to any information submitted to it on the Website and/or API. You acknowledge that we may copy, reproduce, use, store, communicate or adapt your data and information submitted to the Website and/or API but only for the purposes of providing the services as set out on the Website and/or API (and any related or ancillary services).
You agree and acknowledge that:
The Website and/or API may contain links to other websites (Linked Sites), which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms and service contained within each such site.
You acknowledge and agree that:
KnowFirst, its agents, officers and employees:
You indemnify KnowFirst, its directors, employees and agents in respect of any liability, loss, claim, and expense incurred by KnowFirst as a result of:
If a dispute arises regarding these Terms, the laws of Queensland, Australia apply. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in relation to any dispute. If you access the Website and/or API in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
KnowFirst reserves the right to change these Terms at its discretion from time to time. Amendments will be effective immediately upon notification on the Website and API. Your continued use of the Website and/or API following such notification will represent an agreement by you to be bound by the Terms as amended. The latest version of these Terms will always be available on our website.
These Terms apply in addition to the terms of any subscription agreement entered into between KnowFirst and its clients (Subscription Terms). If there is any inconsistency between these Terms, and any Subscription Terms, the Subscription Terms shall apply to the extent of any inconsistency.
If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by email at hello@knowfirst.ai. We will confirm receipt of this by contacting you in writing, normally by email. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.
a) Certain sections of the Website and/or API will be limited to users with current subscriptions. You acknowledge and agree that you have no right to access these sections without a current subscription, and that your access to any part of the Website and/or API may be revoked at any time if you do not have a current subscription.
b) We are the developer, owner and licensor of the online Website, API and various services associated with the KnowFirst business. These terms and conditions (Terms) set out the terms upon which we licence you to access and use the Website, API and the services. The services (and access to the Website) are provided as a software-as-a-service and you access and use the software functionality via the internet, using a standard web browser.
c) These Terms constitute a binding agreement between you (Client, or you) and KnowFirst Pty Ltd ACN 650 973 407 (KnowFirst we, or our) to subscribe for or use our Services.
d) If you are agreeing to these Terms on behalf of a business entity, you represent to KnowFirst that you have legal authority to bind that entity.
e) By using our services, including the Website or API, you confirm having read, understood and agreed to these Terms together with our Privacy Policy.
f) In order to ensure that you do not experience any interruption or loss of services, certain subscriptions include an automatic renewal option by default, according to which, such subscriptions will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period). If your renewal is subject to a yearly or multiple-year subscription period, KnowFirst will endeavour to provide you notice prior to the renewal of such subscription at least thirty (30) days in advance of the renewal date. Notwithstanding the former, KnowFirst may, at its sole discretion, and based on its internal processes and business needs, elect not to enter into any renewal for any reason whatsoever and without any liability or obligation owing to you in any respect.
You must:
a) provide all information and data reasonably required by us to allow us to provide the services to you;
b) have all resources necessary to access the services, including hardware, software, telecommunication resources and internet access acceptable to us; and
c) cooperate with us, act reasonably and follow our directions in connection with these Terms and receipt of the services.
d) The success of engaging with KnowFirst will be heightened if the Client takes an interest and actively applies our Website and/or API to their own business activities, as well as notifying KnowFirst of any information not known due to its specialist nature.
e) For Enterprise subscriptions to both the Website and/or API, if the Client does not uphold their contribution to the partnership, which hinders KnowFirst’s ability to complete the service, the Client can be held responsible for delays in the service delivery.
f) If the Service/s in this agreement cannot be delivered by KnowFirst due to the fault of the Client, the Client is still required to pay the monthly Subscription.
a) We offer different subscription types, each with its own set of features, functionalities, and associated credit allocation.
b) The specific credit allocation for each subscription type will be clearly communicated to the Client during the subscription sign-up process or through the account management interface.
c) Clients are responsible for understanding and adhering to the credit limits associated with their respective subscription types.
Fair Credit Usage:
a) We believe in fair credit usage to ensure equitable access to our Website and/or API for all Clients.
b) Clients are only permitted to use credits allocated to their subscription type.
c) Any usage of credits beyond the allocated amount for the Client’s subscription type is strictly prohibited.
d) Unapproved usage beyond the allocated credits may result in additional charges, suspension of service, or termination of the Client’s account, at our sole discretion.
Monitoring and Enforcement:
a) We monitor credit consumption to ensure compliance with the allocated limits for each subscription type.
b) We reserve the right to investigate and take appropriate action if we suspect any Client is engaging in unfair or unauthorised credit usage.
c) If we identify excessive or unauthorised credit usage, we may, at our discretion, notify the Client and provide an opportunity to rectify the situation or adjust their subscription accordingly.
Modifications to Subscription and Credit Allocation:
a) We reserve the right to modify the credit allocation and associated subscription types at any time.
b) In the event of any modifications, we will provide prior notice to Clients, outlining any changes to credit limits, subscription types, or associated terms.
a) We have implemented rate limits to ensure fair usage and optimal performance of our Website and/or API.
b) Rate limits determine the maximum number of Website and/or API requests a Client can make within a specific timeframe.
c) Exceeding the specified rate limits may result in throttling, temporary suspension, or termination of the Client’s access to our Website and/or services, at our sole discretion.
d) If a Client consistently exceeds the rate limits, we may work with the Client to adjust their subscription or explore alternative solutions to accommodate their needs.
a) We reserve the right to modify or discontinue the Website and/or API (or any part thereof) at any time, with or without notice to you. We may also add new features to the Website and/or API or modify existing features in our sole discretion.
b) We will make reasonable efforts to notify you of any material modifications to the Website and/or API, but we are not obligated to do so. Your continued use of the Website and/or API after any modifications to these terms will constitute your acceptance of such modifications.
c) We make no guarantee that the modified Website and/or API will be compatible with any previous version of the Website and/or API. It is your responsibility to ensure that your application or service is compatible with the current version of the Website and/or API before making any modifications or updates.
d) We may terminate support for any previous version of the Website and/or API at any time, with or without notice to you. We may also require you to upgrade to the latest version of the Website and/or API in order to continue using the Website and/or API.
e) We may modify the documentation for the Website and/or API at any time, with or without notice to you. It is your responsibility to ensure that you are using the Website and/or API in accordance with the latest documentation.
f) We may use feedback and suggestions received from you or your users to modify or improve the Website and/or API, without any obligation to compensate you for such feedback or suggestions.
You acknowledge and agree that you will:
a) comply with these Terms and our Privacy Policy;
b) comply with all applicable laws and regulations;
c) comply with any reasonable directions issued by us from time to time;
d) only use the Website and/or API in good faith and for its intended purpose;
e) if you require a username and/or password to access our Website and/or API, ensure that only you access and use our Website and/or API using your username and/or password and that username or password is not shared with any other party;
f) promptly report any errors, defects or malfunctions in relation to the Website and/or API;
g) not do anything which is intended or reasonably likely to damage, impair, interrupt or interfere with the provision of the services;
h) not alter, modify, decompile, disassemble, reverse engineer, sublicense or change any software that underpins the Website and/or API;
i) not purport to grant to a third party any right to access or use our Website and/or API except as permitted by us; and
j) not load or publish any material that:
j.i) contains any virus, trojan horse, worm or other programs that have an adverse effect on our Website and/or API, the hosting infrastructure or the internet;
j.ii) threatens the integrity and security of the Website and/or API, the hosting infrastructure, the internet, or other users of the Website and/or API and their systems;
j.iii) is threatening, abusive, offensive, endangers any person, unlawfully discriminatory or immoral;
j.iv) contains any information that breaches any code of conduct, whether voluntary or otherwise;
j.v) is false, misleading or deceptive or is likely to mislead or deceive; or
j.vi) breaches any third party’s Intellectual Property Rights or discloses a third party’s confidential information without their consent.
You acknowledge that you must:
a) not resupply the Website and/or API to third parties, or permit third parties to access the Website and/or API;
b) ensure that your computer and telecommunications network is secure;
c) ensure all usernames, passwords and other sensitive information associated with the Website and/or API are kept secure from unauthorised use or access at all times; and
d) notify us if you become aware that there is unauthorised access to the Website and/or API or disclosure of sensitive information including usernames and passwords to unauthorised persons.
You acknowledge and agree that:
a) any timeframes given by us in relation to the supply of the Website and/or API are estimates only and are not binding on us;
b) we are not responsible for the resilience or availability of the communications network over which the Website and/or API are supplied; and
c) it is your sole responsibility to determine that the Website and/or API meet the needs of your business.
a) We may cancel or suspend your account and access to our Website and/or API at any time at our absolute discretion if:
a.i) you or your authorised personnel materially or consistently breach any provision of these Terms; or
a.ii) you are or threaten to become insolvent.
b) We may terminate your account and the provision of the Website and/or API on provision of notice to you in which case your account will be terminated on expiry of the current Subscription Period.
c) Where our obligation to supply the Website and/or API to you is cancelled or terminated:
c.i) all legal rights of a party arising from a breach that preceded cancellation or termination survive; and
c.ii) our obligations to supply the Website and/or API to you is at an end and all licenses granted to you under these Terms are immediately terminated.
a) The Subscription Fees that you will be liable for will be notified to you via the Website, or via email at the time you sign up to our Website and/or API, or at the time you wish to renew your subscription. Your initial Subscription Fees will be set out on the Website and/or API or within your client agreement.
b) We may change the Subscription Fees at our discretion. In the event of a change to the Subscription Fees, such change will take effect from the expiry of your current Subscription Term. The change to the Subscription Fees will take effect at the commencement of your next billing cycle. Your continued use of the Website and/or API after any modifications to the fees will constitute your acceptance of such modifications.
a) If GST has application to any supply made under or in connection with these Terms, we may, in addition to any amount or consideration payable under these Terms recover from you an additional amount on account of GST, such amount to be calculated by multiplying the amount or consideration payable by you for the supply by the prevailing GST rate.
b) Any additional amount on account of GST recoverable from you under this clause shall be calculated without any deduction or set-off of any other amount and is payable by you upon demand by us whether such demand is by means of an invoice or otherwise.
a) Subscription Fees must be paid monthly or otherwise as notified by us from time to time.
b) Subscription Fees must be paid via a recurring credit/ debit card payment, direct debit facility or such other electronic payment facility or platform as agreed in writing by us.
c) If you fail to make full payment of the Subscription Fees on or before the due date, we shall be entitled to receive interest on overdue payments of 1% per month and shall be entitled to withhold or suspend delivery of the Website and/or API, or access to the Website and/or API until the payment is made.
d) We may, without limiting any other rights or remedies we may have, set off any amounts owed to us by you under these Terms against any amounts payable by us to you.
a) If you wish to continue accessing the Website and/or API and using the Website and/or API beyond the free access period referred to in clause 5.4(a), you agree to pay the Subscription Fees on a month to month subscription basis (Subscription Term).
b) Your Subscription Term will commence from the date you become liable to pay Subscription Fees under clause 5.4(b).
c) You may cancel the Subscription at the expiry of your current Subscription Term by giving written notice to us prior to the expiry of the relevant Subscription Term.
d) We reserve the right to reduce or withdraw the number of free searches made available pursuant to clause 5.4(a) at any time.
If we cancel or suspend your subscription under clause 4(a) you will not be entitled to any refund of Subscription Fees already paid.
You acknowledge and agree that:
a) the Intellectual Property Rights in the Website and/or API, and anything that we create, modify, provide, supply or license to you in providing the Website and/or API to you (other than the Third Party IP) are, and shall remain our property, and we reserve the right to grant a licence to use the Website and/or API to any other party or parties;
b) all Intellectual Property Rights in any content that we create for you (other than Third Party IP) (Created IP) vests with us and shall remain our property, provided that we grant you a non-exclusive licence to use the Created IP for so long as you are not in breach of these Terms;
you must not do anything which jeopardises or interferes with our ownership of our Intellectual Property Rights;
c) you must use reasonable endeavours to prevent any infringement of our Intellectual Property Rights in the Website and/or API and shall promptly report to us any such infringement that comes to your attention; and
d) you grant to us a non-exclusive, perpetual royalty-free licence to use any Intellectual Property Rights in any data or material that you enter into the Website and/or API or provide to us solely for the purpose of us providing the Website and/or API.
a) Both parties must comply with all requirements of applicable privacy legislation.
b) We will only use your personal information provided to us in accordance with our privacy policy set out on our website.
c) In using the Website and/or API, you may be granted access to personal information of other individuals. You agree that you will only use and disclose any personal information that you access through the Website in a manner that would be permitted under the Privacy Act 1988 (Cth) by an APP entity (whether or not you are an APP entity as defined under the Privacy Act 1988 (Cth)).
d) Without prejudice to the generality of clause 7(a) you must ensure you have all necessary and appropriate consents in place to enable lawful transfer of any personal data to us for the duration and purposes of these Terms so we may lawfully use, process and transfer the personal data on your behalf.
KnowFirst, its agents, officers and employees:
a) make no representations, express or implied, as to the accuracy of the information and data contained on the Website and/or API (including all information of competing businesses) and all information is made available on an “as is” basis; and
b) makes no representations as to the availability of the Website and/or API and you acknowledge that the Website and/or API may need to go offline from time to time for routine and non-routine maintenance.
As far as the law permits and unless otherwise specified in these Terms:
a) our liability for any injury, loss damage, cost or expense relating to or arising from these Terms or the use of the Website and/or API, is excluded;
b) you shall be solely responsible, as against KnowFirst, for any opinions, recommendations, forecasts or other conclusions you make or actions you take, based (wholly or in part) on the results obtained from the use of Website and/or API;
c) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms; and
d) we do not warrant or represent that the Website and/or API will operate continuously, free from faults, errors or interruptions.
Neither party will be liable to the other or any other person for any Consequential Loss.
To the extent that any rights cannot be excluded (including under schedule 2 of the Competition and Consumer Act 2010 (Cth), then our liability will be limited to, at our election, the re-supply of the Website and/or API or the payment of the cost of having the Website and/or API supplied again.
a) You indemnify us, our directors, employees and agents against all Loss suffered or incurred by any of us in connection with:
a.i) any claim that the Client Data, its use, storage, reproduction or communication, infringes another person’s rights;
a.ii) any breach of your obligations under these Terms; and
a.iii) any unauthorised use of your account.
b) You:
b.i) warrant that you own, or hold any necessary licence of, all Intellectual Property Rights in the Client Data and in receiving the Client Data we will not infringe, violate or otherwise conflict with any Intellectual Property Rights owned by a third-party; and
b.ii) indemnify us from and against any liability arising out of any claim by a third-party that the Client Data infringes any Intellectual Property Rights owned by a third-party.
a) We may change these Terms at any time without notification, and you agree that these changes will come into effect the next time you use the Website and/or API. Your continued use of the Website and/or API will constitute acceptance of the updated Terms. The latest version of these Terms will be available on KnowFirst’s website.
b) The laws of Queensland govern these Terms and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and courts competent to hear appeals from those courts.
c) A clause or part of a clause of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining clauses or parts of the clause continue in force.
d) These Terms supersede all previous agreements about its subject matter. These Terms embodies the entire agreement between the parties.
e) Each party must do all things reasonably necessary to give effect to these Terms and the transactions contemplated by them.
f) A right under these Terms may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in that waiver.
g) A notice, consent or communication under these Terms must be in writing, signed by or on behalf of the person giving it, addressed to the person to whom it is to be given and delivered by hand, sent by prepaid mail or sent by email to that person’s address or as the person notifies the sender.
h) A notice, consent or communication is given and received:
h.i) if it is hand delivered, on the day it is given;
h.ii) if it is sent by post, three business days after posting (if within Australia) or seven business days after posting (if outside Australia); and
h.iii) if it is sent by email, that day, if the time of departure from the sender’s mail server is before 5.00pm on a business day, or the next business day in any other case, unless the sender receives an automated message generated by the recipient’s mail server that the email has not been delivered within two hours.
i) Notices may be sent to us at:
i.i) hello@knowfirst.ai
j) We will send notices to you using the latest email address or postal address that we have on record for you.
In these Terms, except where the context otherwise provides:
a) Website means the web-based application/ website developed by KnowFirst in which the services will be delivered to the Client.
b) API means the Application Programming Interface. The KnowFirst API is a set of protocols, routines, and tools for building the KnowFirst Website. The API is defined as a standardised way for developers to access the functionality provided by the KnowFirst Website, and provides a way to exchange data between different systems or applications.
c) Client Data includes any information, records, documents, images or data of any kind provided by you to us in connection with the Website and/or API.
d) Consequential Loss means indirect, economic, special or consequential loss or damage, loss of revenue, time, goodwill, data, anticipated savings, opportunity, loss of production and loss of profit.
e) Intellectual Property Rights means all industrial and intellectual property rights throughout the world, whether registered, unregistered or unregistrable, including all copyrights, patents, trademarks, service marks, designs, confidential information, trade secrets, know how, data and databases, systems and domain names.
f) Loss means any loss, damage, cost, expense, liability or claim suffered or incurred by a party and arising in connection with these Terms.
g) Services means the provision of business information and related content and materials provided by KnowFirst through the Website and/or API.
h) Subscription Fees means the fees for the Website and/or API as set out on the Website, Client Agreement or otherwise agreed between the parties.
i) Subscription Term has the meaning set out in clause 5.4(b).
Third Party IP means Intellectual Property Rights proprietary to third parties which are utilised by us in the provision of the Website and/or API.
In these Terms:
a) a reference to a clause, schedule or party is a reference to a clause of, and a schedule or party to, these Terms;
b) a reference to a party to these Terms or any other document or agreement includes the party’s successors, permitted substitutes and permitted assigns;
c) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
d) a reference to a document or agreement (including a reference to these Terms) is to that document or agreement as amended, supplemented, varied or replaced;
e) a reference to legislation or to a provision of legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced;
f) a reference to a person includes a corporation, trust, partnership, unincorporated body, government and local authority or agency, or other entity;
g) a reference to ‘$’ or ‘dollar’ is to USD currency.
Users can request account removal from our platform by contacting support@knowfirst.ai
