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Terms of Use

1. Definitions

"Applications" refers to the mobile, tablet, and other smart device applications, as well as application program interfaces provided by iknowly, including but not limited to the mobile applications named "iknowly".

"iknowly," "we," "us," or "our" indicate (i) iknowly Inc., concerning Members accessing and utilizing the iknowly Service; and (ii) Lingbe, S.L., concerning Members accessing and utilizing the Lingbe Service.

"iknowly Content" encompasses any content created and offered by iknowly in connection with the iknowly Platform, including proprietary iknowly content and any content licensed or authorized for use by or through iknowly from a third party, excluding Member Content.

"iknowly Product" encompasses the "iknowly" Application(s), the "www.iknowly.com" Site, and any website operated by iknowly Inc.

"Member Content" encompasses all content, including text, photos, audio, video, or other materials and information, posted, uploaded, published, submitted, or transmitted by a Member, including content integrated into their Member profile.

"Sites" encompass the websites operated by iknowly, including but not limited to www.iknowly.com and www.lingbe.com.

"Student" indicates a Member who purchases Consultant Services.

"Consultant" refers to a Member who offers and provides Consultant Services.

"Consultant Services" encompass all services delivered by Consultants, as described in the Consultant Policy, encompassing paid sessions, packages, and other services where iknowly Credits (as defined in the Payment Policy) are exchanged.

2. Relationship

The iknowly Platform functions as an online venue dedicated to professional consultation services, allowing registered users ("Members") to utilize our Connection Services and Payment Services to directly engage with each other. You acknowledge and agree that iknowly is not a participant in any agreements made between Consultants and Students, or among Members. Furthermore, iknowly is not a brokerage service or agent for professional consultation services. iknowly lacks control over the conduct of Students, Consultants, Members, or other users of the iknowly Platform, and holds no liability regarding services provided by Consultants or other Members through the iknowly Platform, to the extent permitted by applicable law.

In the event you choose to offer consulting services on the iknowly Platform, you acknowledge and agree that your association with iknowly is confined to your status as a Member and an independent third-party contractor. You do not serve as an employee, agent, joint venture partner, or affiliate of iknowly for any purpose. You operate solely on your behalf and for your own advantage, independent of any representation on behalf of or for the benefit of iknowly. iknowly does not possess, and is not entitled to possess, control over your listings, activities linked to your profile or services offered, or any other aspects associated with the services you provide. As a Member, you commit to refraining from any actions that may imply a false endorsement, partnership, or representation on behalf of or for the benefit of iknowly, including unauthorized or inappropriate use of iknowly's intellectual property.

3. Modification

iknowly reserves the exclusive right to modify the iknowly Platform and these iknowly Terms, exercising this right at any time and without prior notice. In the event of modifications to these iknowly Terms, we will either publish the amendments on the Sites and the Applications or notify you of the changes. Additionally, the "Last Updated" date at the top of these iknowly Terms will be revised. Your continued access or use of the iknowly Platform subsequent to our publication of modifications on the Sites and the Applications or upon receipt of notification regarding modifications indicates your acceptance and agreement to abide by the revised iknowly Terms. Should you find the modified iknowly Terms unacceptable, your sole course of action is to discontinue using the iknowly Platform.

4. Eligibility

The iknowly Platform is exclusively accessible to individuals aged 18 years and older who have the legal capacity to enter into binding contracts under the applicable law.

ALTHOUGH WE MAKE DILIGENT EFFORTS TO VERIFY THE PROFESSIONALISM OF EACH CONSULTANT ON THE IKNOWLY PLATFORM, WE CANNOT PROVIDE ASSURANCES REGARDING THE CHARACTER OR OTHER ATTRIBUTES OF CONSULTANTS OR THE ACCURACY OF THE INFORMATION THEY PROVIDE VIA THE IKNOWLY PLATFORM. WHILE ENGAGING WITH OTHER MEMBERS, EXERCISE CAUTION AND USE PRUDENT JUDGMENT TO SAFEGUARD YOUR PERSONAL SAFETY AND PROPERTY, SIMILAR TO INTERACTIONS WITH UNFAMILIAR INDIVIDUALS. NEITHER IKNOWLY NOR ITS ASSOCIATES OR LICENSORS ARE LIABLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBERS ON THE IKNOWLY PLATFORM. IKNOWLY AND ITS ASSOCIATES AND LICENSORS DISCLAIM LIABILITY FOR ANY CLAIM, INJURY, OR DAMAGE ARISING FROM YOUR UTILIZATION OF THE IKNOWLY PLATFORM.

5. Description of Services

5.1 iknowly Services

iknowly's services encompass:

  • Consultation Services: iknowly provides Members with access to the iknowly Platform, an online space where Members can upload, store, exchange, and receive content related to professional consultations, explore, select, and engage with consultants for professional consultations and instant advice, and search, connect with, select, and engage Consultants directly for consultancy services.
  • Payment Solutions: For Consultants and Clients, iknowly offers specific payment processing services, credit purchase and transaction tools, assistance with dispute resolution, and other related services in accordance with iknowly’s Payment Policy.
  • Corporate Solutions: In cases where a Member represents a Company, said Member can authorize additional individuals or employees ("Team Members") to access and utilize the iknowly Platform, including Consultation Services and Payment Solutions.

5.2 Consultant Services

Consultants may offer specific Consultation Services through the iknowly Platform. Upon acceptance as a Consultant, you agree to adhere to iknowly's Consultant Policy. All Members acknowledge that Consultation Services are provided solely by Consultants and not by iknowly. iknowly's responsibility regarding Consultation Services is limited to facilitating the availability of the iknowly Platform.

6. iknowly Account

6.1 Account Registration

To access various features offered through the iknowly Platform, you must create an account ("iknowly Account") and become a Member.

Your iknowly Account is designated for personal, non-commercial use, unless created on behalf of a Company, allowing authorization for their Employees to access the iknowly Platform. To create an iknowly Account, you must meet eligibility criteria, be a resident in a country where the use of iknowly is permitted, possess a valid email address, a valid mobile phone number (if applicable), and provide accurate and truthful information. Impersonation, using someone else's email or phone, or creating multiple iknowly Accounts is prohibited. While you may choose to display a pseudonym to other Members, be mindful that identifiable information might still be accessible. Refer to our Privacy Policy for more details.

Maintaining more than one (1) active iknowly Account is not permitted. You commit to providing accurate, current, and complete information during registration and updating it as necessary. iknowly reserves the right to suspend or terminate your iknowly Account and access to the Platform for any violation of these terms or if provided information proves inaccurate, fraudulent, incomplete, or in violation of these terms.

Upon creating an iknowly Account, you may be required to select a username and password. You are responsible for ensuring your chosen username doesn't infringe on third-party rights or breach any laws. iknowly reserves the right to refuse a username if it impersonates, suggests association with another entity, is unlawful, protected by trademark, vulgar, or may cause confusion. Your username selection doesn’t grant ownership or rights and may be revoked or reassigned at iknowly's discretion. It's your responsibility to maintain the confidentiality of your username and password. Unauthorized access leading to activities violating these terms may result in the suspension or termination of your iknowly Account.

Promptly notify iknowly of any unauthorized use of your iknowly Account. We retain the right to close your account if you breach these terms or if we have a legitimate interest, such as legal obligations.

6.2 Link to a Company

If you are an Employee of a Company, during registration, you may associate your profile and iknowly Account with the Company. Alternatively, an authorized representative of the Company might have created your individual profile, linking it with the Company's account. Changes in your relationship with the Company might affect access to iknowly Credits, Teacher Services, and Payment Services. If you represent an entity using the Services, you warrant proper authority to create and maintain the company account and obtain necessary consents. You agree to indemnify us for any loss resulting from a breach of these warranties.

7. Ownership

All content available on the iknowly Platform is either the property of iknowly or licensed to iknowly and its licensors as outlined in Section 10 (Member Content). Concerning ownership, you retain ownership of your Member Content. The ownership of iknowly Content, which encompasses visual interfaces, interactive features, graphics, design, our compilation of Member Content, software, computer code, aggregate Member review ratings, and all other elements of the iknowly Platform excluding Member Content, belongs to iknowly.

Additionally, iknowly holds the copyrights, trademarks, service marks, trade names, and other intellectual property rights worldwide associated with the iknowly Content and the iknowly Platform. These rights are safeguarded by copyright, trademark, patent, trade dress, and all other pertinent intellectual property and proprietary laws. Except for the rights expressly granted herein, no explicit or implicit rights are extended to you. All rights related to the iknowly Platform and the iknowly Content remain with iknowly.

10. Member Content

Subject to our sole discretion, you may post, upload, publish, submit, store, or transmit your Member Content through the iknowly Platform. By making your Member Content available on the iknowly Platform, you grant iknowly a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense. This license enables iknowly to use, view, copy, adapt, modify, distribute, license, sell, publicly display, perform, transmit, stream, broadcast, access, and otherwise exploit such Member Content to promote or market the iknowly Platform. However, iknowly does not claim any ownership rights in any Member Content.

You acknowledge and agree that you are solely responsible for all Member Content you make available through the iknowly Platform. Therefore, you represent and warrant that: (i) you either exclusively own all Member Content you make available through the iknowly Platform or possess all necessary rights, licenses, consents, and releases to grant iknowly the rights in such Member Content as outlined in these iknowly Terms; and (ii) your Member Content and its posting, uploading, publication, submission, or transmittal, or iknowly's use of your Member Content on the iknowly Platform, will not infringe, misappropriate, or violate any third party's intellectual property rights, including patents, copyrights, trademarks, trade secrets, moral rights, or rights of publicity or privacy, nor breach any applicable laws or regulations.

If you're a Teacher, you may share your Member Content with your Students.

At iknowly, we respect copyright law and expect our Members to do the same. Should you believe that any content on the iknowly Platform infringes your copyrights, please notify us in accordance with our Copyright Policy.

11. Restrictions

11.1 Improper Use

You agree not to use the iknowly Platform or assist others to:

  • Infringe upon any third party's rights, including breach of confidentiality, or violate intellectual property rights such as copyright, trademark, patent, trade secret, moral rights, or privacy rights.
  • Upload indecent, libelous, defamatory, obscene, invasive, abusive, illegal, or objectionable content.
  • Solicit personal information from minors or transmit pornography.
  • Threaten, stalk, harm, harass others, or promote bigotry or discrimination.
  • Engage in commercial activities, unless expressly permitted or contemplated by iknowly.
  • Conduct mass messaging, keyword spamming, or manipulate search results.
  • Violate any applicable law.

11.2 Additional Restrictions

You also agree not to or assist others to:

  • Violate these iknowly Terms.
  • Exploit, modify, reproduce, distribute, or create derivative works from the iknowly Platform or its content without our express authorization.
  • Use any automated means to access, retrieve, or index the iknowly Platform or its content.
  • Attempt to gain unauthorized access or disrupt the functioning of the iknowly Platform or its security features.
  • Transmit viruses or malicious code or interfere with the Platform's functionality.
  • Interfere with or disable security features, copy protection, or limitations on the use of the iknowly Platform.
  • Authorize third parties to use iknowly Platforms or schedule services through your account unless expressly permitted.
  • Engage in transactions or solicit Members outside the iknowly Platform.
  • Recruit iknowly Members for other platforms.

12. Links

The iknowly Platform may include links to third-party websites or resources. You acknowledge and agree that iknowly holds no responsibility or liability for:

  • (i) The availability or accuracy of such websites or resources.
  • (ii) The content, products, or services offered or available on such websites or resources.

These links are provided solely for convenience and do not imply any endorsement by iknowly of the linked websites, resources, or the content, products, or services they offer. You accept sole responsibility for any risks that may arise from using such third-party websites or resources, including any content, products, or services offered or available through them.

13. Enforcement of iknowly Terms

We may suspend or terminate your iknowly Account if we have reason to believe that you have violated or acted in a manner inconsistent with the essence of these iknowly Terms, or if you have infringed upon our rights or those of a third-party in connection with your use of the iknowly Platform. As part of our remedies, we reserve the right to suspend, terminate, or cancel your iknowly Account, restrict your access to specific areas of the iknowly Platform, freeze or revoke your virtual currency (if applicable), and/or ban your access to the entire iknowly Platform without notice or liability of any kind if:

  • (a) You breach any provisions of these iknowly Terms or any other documented policies and procedures posted on the iknowly Platform, including iknowly's Policies.
  • (b) We are unable to authenticate or verify the information you've provided to us.
  • (c) We have reason to believe that your actions may result in legal liabilities for you, our Members, or for iknowly.

Upon suspension or termination, you are not permitted to continue using the iknowly Platform through a different account or by creating a new account. This includes access to any associated Payment Services. Any violations of these iknowly Terms may lead to legal proceedings and may result in further penalties and sanctions. Should you engage in actions to evade the iknowly Platform or circumvent service fees owed or paid to iknowly according to these terms, you will be held liable for the complete amount of service fees due and may face additional sanctions, including but not limited to the suspension or termination of your iknowly Account.

iknowly retains the right to terminate any Member or project at its sole discretion and to decline registration or membership to you in the future. Upon cancellation of your membership, you may no longer have access to any stored data, messages, files, or other materials within the iknowly Platform.

14. Disclaimers

The iknowly platform provided by iknowly, along with the services offered by iknowly, any of our contributors, or teachers, are provided "as is" and "as available." We may not monitor, control, or vet member content or third-party content. Iknowly expressly disclaims all warranties, whether express or implied, including warranties about the products or services offered by third parties. These include implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, whether arising by statute, from a course of dealing or usage of trade, or otherwise in law. Your use of the iknowly platform is at your own discretion and risk.

We make no representations or warranties of any kind, express or implied, regarding the quality, identity, or reliability of any third party or the accuracy of postings made by any third party on the iknowly platform. Some jurisdictions do not allow limitations on implied warranties' duration, so these limitations may not apply to you.

Additionally, notwithstanding any feature a user may utilize to select a service provider, each user is responsible for their selection and negotiation of terms. Iknowly does not provide any warranties regarding goods or services purchased through the platform and does not recommend specific service providers. Iknowly does not provide warranties or guarantees regarding the professional accreditation, registration, or license of any service provider.

15. Limitation of Liability

Under no circumstances shall iknowly, our contributors, or service providers be liable to you or any other user for any special, indirect, consequential, incidental, or punitive damages arising from these iknowly terms. This includes, but is not limited to, loss of profits, business opportunities, or goodwill, even if advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, thus this limitation may not apply to you.

Without prejudice to any other provision of these iknowly terms, under no circumstances shall our liability to you, arising from your use of the iknowly platform pursuant to these terms, whether based on contract, tort, negligence, or any other theory of liability, exceed, at our sole discretion, either: (a) $100; or (b) the total amount of fees actually paid by you to iknowly for services rendered during the six (6) month period immediately preceding the claim.

16. Indemnification

You agree to indemnify, defend, and hold iknowly harmless, including all associated costs, liabilities, and legal fees, from any claim or demand made by a third party arising out of or related to:

  • Your access to or use of the iknowly Platform.
  • Decisions to submit postings or accept offers from other Members.
  • Any breaches of contract or claims made by Members with whom you conducted business through the iknowly Platform.
  • Violation of these iknowly Terms.
  • Products or services purchased or obtained in connection with the iknowly Platform.
  • Any liability arising from the tax treatment of payments to Teachers.
  • Negligent or intentional wrongdoing committed by you through the iknowly Platform.
  • Infringement by you or any third party using your iknowly Account of any intellectual property or other rights of any person or entity.
  • Failure to pay or dispute any owed fees to Teachers or other Members.
  • Failure to fulfill obligations as a Teacher or to a Teacher.

iknowly reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify iknowly. You agree to cooperate with iknowly in defending such claims and agree not to settle any matter without iknowly's prior written consent. iknowly will reasonably notify you of any such claim, action, or proceeding upon becoming aware of it.

17. Suspension, Termination, or Cancellation

Termination By You

You have the right to terminate these iknowly Terms at any time by closing your iknowly Account, discontinuing the use of the iknowly Platform, and deleting the Applications from your device.

Termination by iknowly

iknowly reserves the right, without notice or liability, to suspend, cancel, or terminate your iknowly Account, freeze or confiscate your iknowly Credits (as defined in the Payment Policy), or ban you entirely from the iknowly Platform for any reason or without reason. Grounds for such suspension, cancellation, or termination may include, but are not limited to:

  • Engaging in restricted conduct as outlined in Section 11 (Restrictions) or other violations of these iknowly Terms or any iknowly Policies.
  • Inactivity of your iknowly Account and usage of the iknowly Platform for more than twelve (12) months by you, your related person, or your Employee (if you represent a Company).

Should your licenses to the iknowly Platform be revoked due to any violation of these iknowly Terms, you may lose all associated benefits and privileges. iknowly is not obligated to compensate for any losses resulting from such actions.

iknowly reserves the right to cease the availability of any part or all of the iknowly Platform at any time, temporarily or permanently, without any liability, compensation, refunds, or other compensatory benefits to you. Termination of access to the iknowly Platform automatically concludes your license to use it. Such actions may hinder your access to your iknowly Account, the iknowly Platform, related iknowly Content, or any associated information.

Effects of Termination

Upon termination, the following will occur:

  • Your access to the iknowly Platform will be terminated immediately.
  • Any unpaid amounts or outstanding obligations must be fulfilled upon termination.
  • All payments due to iknowly for services rendered before the termination will remain payable, regardless of whether the contract ends.

17.3 Survival

Upon termination of these iknowly Terms, whether initiated by you or iknowly, the following Sections will remain in full force and effect:

  • Section 8 (Ownership)
  • Section 10 (Member Content), including iknowly’s entitlement to use your Member Content
  • Section 11 (Restrictions)
  • Section 12 (Links)
  • Section 13 (Enforcement of iknowly Terms of Service)
  • Section 14 (Disclaimers)
  • Section 15 (Limitation of Liability)
  • Section 16 (Indemnification)
  • Section 17 (Suspension, Termination, or Cancellation)
  • Section 18 (Entire Agreement)
  • Section 19 (Assignment)
  • Section 20 (Notices)
  • Section 21 (Governing Law and Jurisdiction)
  • Section 22 (Dispute Resolution)
  • Section 23 (Feedback)
  • Section 24 (General)

These sections will continue to be binding and enforceable even after the termination of the agreement between you and iknowly.

18. Entire Agreement

Except when supplemented by additional policies, guidelines, standards, or terms specific to a particular product, feature, service, or offering, these iknowly Terms alongside the iknowly Policies constitute the complete and exclusive understanding and agreement between iknowly and you concerning the subject matter herein. They supersede any and all prior oral or written understandings or agreements between iknowly and you regarding your access to and utilization of the iknowly Platform.

This consolidated document represents the entirety of the agreement between you and iknowly, governing your interactions and activities within the scope of the iknowly Platform.

19. Assignment

You may not assign or transfer these iknowly Terms, or any associated rights or obligations herein, by operation of law or otherwise, without prior written consent from iknowly. Any attempt to assign or transfer these iknowly Terms without such consent will be deemed null and void. iknowly retains the right to assign or transfer these iknowly Terms, along with any rights or obligations herein, at its sole discretion and without limitations. Subject to the aforementioned conditions, these iknowly Terms will bind and confer benefits upon the parties, their successors, and permissible assigns.

20. Notices

Unless explicitly indicated in writing to our customer service as per Section 25 (Contacting Customer Service), iknowly will communicate with you solely via email. By utilizing our platform, you consent to receive communications from us electronically, acknowledging that these electronic communications fulfill any legal requirement for written communication. You will be deemed to have received a communication when iknowly sends it to the email address you provided. It's your responsibility to maintain an updated email address and regularly check for any incoming messages.

For legal notices directed to iknowly concerning these iknowly Terms, please send them via email to:

[Legal Department Email Address]

21. Governing Law

Unless otherwise specified:

21.1 For Residents Outside of the United States

Any claims arising from the use of the iknowly Platform or related to these iknowly Terms will be governed by and construed in accordance with the laws of the United Arab Emirates (UAE), without regard to its conflict of law provisions.

21.2 For Residents in the United States

Any claims arising from the use of the iknowly Platform or related to these iknowly Terms that are brought within the United States will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

22. Dispute Resolution; Binding Arbitration and Class Action Waiver

22.1 Informal Dispute Resolution

Should any concerns, disputes, claims, or controversies (collectively, "Disputes") arise regarding the iknowly Platform or these iknowly Terms, our customer service department (as noted in Section 25 - Contacting Customer Service) is available to assist. We encourage both parties to resolve Disputes through consultation and good faith negotiations before pursuing legal action.

22.2 Dispute Resolution for Residents outside of the United States

In case Disputes cannot be resolved within thirty (30) calendar days through informal dispute resolution as per Section 22.1, both parties agree to submit any claim or action related to the iknowly Platform or these iknowly Terms to arbitration. The arbitration shall be conducted in accordance with the rules of the Hong Kong International Arbitration Center ("HKIAC") in Hong Kong.

22.3 Dispute Resolution for Residents in the United States

If you are domiciled in or use the iknowly Platform in the United States, this section applies:

Agreement to Arbitrate

If Disputes remain unresolved within thirty (30) calendar days of initiating informal dispute resolution as per Section 22.1, either party may initiate binding arbitration administered by the American Arbitration Association (AAA) as the sole means to formally resolve claims.

Arbitration Procedure

The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, where applicable, AAA’s Supplementary Procedures for Resolution of Consumer-Related Disputes.

Class Action Waiver

Both parties agree to arbitration in their individual capacities and waive the right to file a class action. Claims will be brought only in individual capacities.

Opt-Out Right

You have the right to opt-out of arbitration and class action waiver provisions by sending written notice within 30 days of your first use of the iknowly Platform.

Exception

Intellectual property claims and disputes within the small claims court’s jurisdiction may be pursued in court despite the arbitration clause.

23. Feedback

When submitting any ideas, suggestions, documents, or proposals ("Feedback"), you acknowledge and agree that:

  • Confidentiality: Your Feedback doesn’t contain confidential or proprietary information of third parties.
  • No Obligation of Confidentiality: We have no obligation, express or implied, to treat the Feedback as confidential.
  • Existing Considerations: We may have similar considerations or developments in progress akin to the Feedback provided.
  • License Grant: You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to utilize, modify, create derivative works of, publish, distribute, sublicense, and exploit the Feedback.
  • Waiver: You irrevocably waive, and cause to be waived, against iknowly and other Members, any moral rights claims associated with such Feedback.

24. General

Enforcement and Waiver: iknowly's failure to enforce any provision of these Terms doesn't constitute a waiver of future enforcement. Any waiver of rights must be in writing and signed by an authorized representative of iknowly. The exercise of any remedy under these Terms doesn’t affect other remedies available to either party.

Severability: If any provision of these Terms is held to be invalid or unenforceable, it will not affect the remainder of the Terms, which shall remain valid and enforceable.

25. Contacting Customer Service

For reporting violations, inquiries, or assistance, please reach iknowly customer service at:

Email: support@iknowly.com