Terms of Use
Last updated: Jan 6, 2019
These Terms of Use (“Terms”, “Terms of Use”) govern your relationship with us, Youkno Inc. (“Youkno”, “us”, “we”, or “our”).
Please read these Terms of Use carefully before using our Youkno mobile application (the “App”) or the services we provide through the App, as described below (the “Service”).
Your access to and use of the Service and App is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service or the App.
By accessing or using the Service or the App you agree to be bound by these Terms of Use and accept all legal consequences. If you do not agree to these terms of use, in whole or in part, please do not use the Service or the App.
Service
The App allows you to post requests for information or referrals in exchange for a reward, which may or may not be subject to conditions (a “Post”). You may use any combination of reward types: monetary, non-monetary rewards available through the App, or rewards not available through the App. A user may respond to your Post with information, including referrals or may forward your Post to other Users.
Posts
By posting a Post, you agree that if a user responds to your Post with information that you determine is satisfactory, you will accept such response by clicking “Accept” on the response. Youkno will pay out , on your behalf, the reward to such user through (1) the user’s Stripe account, in the case of a monetary reward; (2) through the App in the case of other types of rewards available through the App; or (3) through other means you are responsible for in the case of rewards not available through the App.
When you set up a Post, you may use a feature which allows users to forward your Post (a “Forward”). You may set up a limit on the number of Hops to Forward. A Hop is one degree of separation between users. For example, if you Forward to three users, this constitutes one Hop. If those Users Forward to another set of users, that is the second Hop from you.
If you use the Forward feature, you agree that as part of the reward that you set up for the Post, you will set up an amount payable to each user for each Hop that produced a satisfactory response. You agree that once you Accept a response, in the case of monetary rewards or other reward types available through the App, Youkno will pay out on your behalf (i) the portion of the reward payable for forwarding the Post to the users in the chain that produced a satisfactory response; and (2) the portion of the reward owed by you to the user which provided a satisfactory response to your Post through the user’s Stripe account. For rewards not available through the App, you are responsible to pay out the rewards to the users that have Forwarded or provided a satisfactory response to your Post, or both.
By responding to a Post, you agree that the poster of the Post will pay out the reward posted on the Post to your Stripe account. You acknowledge that to receive a reward, you must have a Stripe account. If you don’t have a Stripe account, you agree that you forfeit the reward and the poster of the Post does not owe you any reward.
You also acknowledge that Youkno is not responsible for paying you a reward, whether or not the poster of the Post has Accepted your response. If you provide a response that the poster of the Post has Accepted, you have a Stripe account, but you have not been paid out the Reward, you may commence a Claim. Youkno will use commercially reasonable efforts to investigate a Claim and may or may not be able to get a poster of the Post to pay out the reward to you.
Purchases
If you wish to set up a Post with a monetary reward or purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. If you write a Post with a monetary reward and you do not provide the information required for the Purchase at the time you write the Post, your Post will not be posted until you provide the information required for the Purchase.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”) on the App. You are responsible for the Content that you post on the App, including its legality, reliability, and appropriateness.
By posting Content on the App, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service, including finding a you a satisfactory response to your Post or paying you a reward for responding or forwarding a Post.
Anonymity
You may use the App on an “anonymous” basis. We make reasonable efforts to provide this feature; however, users may become aware or find out your identity as the poster of a Post and we are not liable for any losses or damages you may suffer as a result.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We may experience delays in updating information on the Service and in our advertising on other websites.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Promotions may be available for a limited time.
Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
We, at our sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service or App after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Intellectual Property
The Service and all contents, including but not limited to text, images, graphics or code are the property of Youkno Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with us. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Youkno Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by us.
Youkno Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Youkno Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and condition and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Indemnification
You agree to indemnify, defend and hold harmless Youkno Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Yonkno Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) not finding a satisfactory response to the Posts you post; (iv) not being paid for responding or forwarding a Post; (v) any conduct or content of any third-party on or related to the Service; (vi) any content obtained from or through the Service; and (vi) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Youkno Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms of use are excluded, to the fullest extent permitted by law. Your use of the App and Service is at your sole risk. The App and Service are provided on an “AS IS” and “AS AVAILABLE” basis. The App and Service are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Youkno Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service or the App will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the App is free of viruses or other harmful components; or d) the results of using the Service or the App will meet your requirements.
If you breach any of these Terms and we chooses not to immediately act, or chooses not to act at all, Youkno Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Youkno Inc. does not waive any of its rights. Youkno Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms, please contact us.