Konsensus Now!<br><br>Terms of Use<br><br>Effective: 3 October 2024<br><br>Welcome to Konsensus Now!<br><br>The Konsensus Now! App allows you to propose and participate in surveys about the people, demographics, and communities where you live or belong at various scales, such as building, street, block, neighborhood, city, state, country, and even worldwide. We hope these surveys will help you and your communities to understand their priorities and how different subgroups think and feel about various topics, consequently leading to informed decisions that will improve the quality of living for such groups.<br><br>1) The Konsensus Now! App<br><br>We agree to provide you with the Konsensus Now! App. The App includes all of the Konsensus LLC products, features, applications, technologies, and software that we provide to advance Konsensus Now! mission: To help communities improve their quality of living. The App is made up of the following aspects:<br><br>Offering personalized opportunities to create, participate, discover and share community surveys. People are different. So we offer you different types of memberships and features to help you create, participate and share surveys with people on and off Konsensus Now!. We build an App that tries to help you create and participate in surveys that can be shared with communities you care about, you belong. Part of that is highlighting content, surveys, features, offers that you might be interested in, and offering ways for you to experience Konsensus Now!.<br><br>Fostering a positive, inclusive, and safe environment.<br>We develop Konsensus Now! App features and offer resources to our community members that help to make their experiences positive and inclusive. We also have people and systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have - including your information - to try to keep our platform secure. We also may share information about misuse or harmful content with law enforcement. Learn more in the Privacy Policy available in the Konsensus Now! App login screen and settings screen.<br><br>Developing and using technologies that help us consistently serve our growing communities.<br>Organizing and analyzing information for our growing community is central to our App. A big part of our App is creating and using cutting-edge technologies that help us personalize, protect, and improve our App on an incredibly large scale for a broad global community. Automated technologies also help us ensure the functionality and integrity of our App.<br><br>Ensuring access to our App and its infractructure.<br>To operate our global infrastructure to support our App, we must store and transfer data across our systems around the world, including outside of your country of residence. The use of this global infrastructure is necessary and essential to provide our App. This infrastructure may be owned or operated by Konsensus LLC.<br><br>Research and innovation.<br>We use the information we have to study our App and conduct research to make our App better and contribute to the well-being of our communities.<br><br>2) How Our App Is Funded<br>We have free and paid memberships. Memberships are offered in the form of subscriptions that are automatically renewed and that you can cancel at any time. Regardless of which type of membership you have, we don't sell your personal data. Also, we do not display ads.<br><br>3) The Privacy Policy<br>Providing our App requires collecting and using your information. The Privacy Policy explains how we collect and use information. It also explains the many ways you can control your information, including a view of all the data we have about you and the ability to delete your account at any time. You must agree to the Privacy Policy to use the Konsensus Now! App.<br><br>4) Your Commitments<br>In return for our commitment to provide the Konsensus Now! App, we require you to make the commitments below.<br><br>4.1) Who Can Use the Konsensus Now! App <br>We want our App to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions to be part of the Konsensus Now! community.<br>You must be at least 13 years old or the minimum legal age in your country to use the Konsensus Now! App.<br>You must not be prohibited from receiving any aspect of our App under applicable laws or engaging in payments of subscriptions if you are on an applicable denied party listing.<br>We must not have previously disabled your account for violation of law or any of our policies.<br><br>4.2) How You Can't Use the Konsensus Now! App <br>Providing a safe and open App for a broad community requires that we all do our part.<br>You can't impersonate others or provide inaccurate information.<br>You don't have to disclose your identity on the Konsensus Now! App, but you must provide us with accurate and up-to-date information, which may include providing personal data. Also, you may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their express permission.<br>You can't do anything unlawful, misleading, or fraudulent, or for an illegal or unauthorized purpose.<br>You can't violate (or help or encourage others to violate) these Terms or our policies, including the Privacy Policy.<br>You can't do anything to interfere with or impair the intended operation of the Konsensus Now! App and its infrastructure; this includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.<br>You can't attempt to create accounts or access or collect information in unauthorized ways; this includes creating accounts or collecting information in an automated way without our express permission.<br>You can't sell, license, or purchase any account or data obtained from us or the Konsensus Now! App and its infrastructure; this includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials of other users; or request or collect Konsensus Now! App usernames, passwords, or misappropriate access tokens.<br>You can't post someone else's private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).<br>You can't post personally identifiable information about yourself in surveys you create or participate.<br>You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent that you own or have obtained all necessary rights to the content you post or share. <br>You can't modify, translate, create derivative works of, or reverse engineer our products or their components.<br>Our API's direct use is forbidden; only our Konsensus Now! App can access our API directly.<br><br>4.3) Permissions You Give to Us. <br>As part of our agreement, you also give us permissions that we need to provide the Konsensus Now! App. <br><br>We do not claim ownership of your content, but you grant us a license to use it. You also grant us a perpetual license to use the non-personally identifiable content you post through the Konsensus Now! App. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Konsensus Now! App and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a &quot;license&quot;) to provide the Konsensus Now! App. When you share, post, or upload content that is covered by intellectual property rights on or in connection with our App, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This license will end when you delete your account from our systems. When you delete your account, we will delete the personally identifiable and demographic information we have about you. As part of the account deletion, we will also delete any links to surveys you participated, reviewed, or created. To learn more about how we use information and how to control or delete your account, review the Privacy Policy.<br><br>Permission to use the content you provide.<br>You give us permission to show the content you post on the Konsensus Now! App, such as surveys and survey answers, without any compensation to you. For example, we may show a survey that you proposed and had many participantions of other users on the Konsensus Now! App.<br><br>You agree that we can download and install updates to the Konsensus Now! App on your device.<br><br>5) Additional Rights We Retain<br>If you use content covered by intellectual property rights that we have and make available in our App, we retain all rights to our content (but not yours). <br>You can only use our intellectual property and trademarks or similar marks with our prior written permission. <br>You must obtain written permission from us to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.<br><br><br>6) Content Removal and Disabling or Terminating Your Account<br>6.1) We can remove any content or information you share on the Konsensus Now! App if we believe that it violates these Terms of Use, our policies (including our Privacy Policy), or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the App features to you (including terminating or disabling your access to creation, review, and participation in surveys) immediately to protect our community or App, or if you create risk or legal exposure for us, violate these Terms of Use or our policies (including our Privacy Policy), if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the access to the App, remove or block content or information shared on our App, or stop providing all or part of the access to the App if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If you believe your account has been terminated in error, contact us. You can permanently delete your account. When you request to delete your account, the process will begin immediately. Deleting content may take up to 30 days after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users. Still, it remains subject to these Terms of Use and our Privacy Policy. After the content is deleted, it may take up to more 90 days to remove it from backups and disaster recovery systems.<br>6.2) Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations: <br>where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or <br>where deletion would restrict our ability to: <br>investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our App or infrastructure);<br>protect the safety and security of our App, infrastructure, and users;<br>comply with a legal obligation, such as the preservation of evidence; or <br>comply with a request of a judicial or administrative authority, law enforcement, or a government agency; <br>in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).<br>6.3) Suppose you delete or we disable your account. In that case, these Terms shall terminate as an agreement between you and us. However, this section and the section below, &quot;Our Agreement and What Happens if We Disagree&quot;, will still apply even after your account is terminated, disabled, or deleted.<br><br><br>7) Our Agreement and What Happens if We Disagree<br><br>7.1) Our Agreement.<br>If any aspect of this agreement is unenforceable, the rest will remain in effect.<br>Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.<br>We reserve all rights not expressly granted to you.<br><br>7.2) Who Has Rights Under this Agreement<br>This agreement does not give rights to any third parties.<br>You cannot transfer your rights or obligations under this agreement without our consent.<br>Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.<br><br>7.3) Who Is Responsible if Something Happens<br>Our Konsensus Now! App is provided &quot;as is,&quot; and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.<br>We also don't control what people and others do or say, and we aren't responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren't responsible for services and features offered by other people or companies, even if you access them through our App.<br>Our responsibility for anything that happens on the App (also called &quot;liability&quot;) is limited as much as the law will allow. If there is an issue with our App, we can't know the possible impacts. You agree that we won't be responsible (&quot;liable&quot;) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.<br><br>7.4) How We Will Handle Disputes<br>If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms (&quot;claim&quot;). You may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in its sole discretion, Konsensus LLC may also bring any claim we have against you related to efforts to abuse, interfere, or engage with our products in unauthorized ways in the country in which you reside that has jurisdiction over the claim.<br><br>7.5) Unsolicited Material.<br>We always appreciate feedback or other suggestions but may use them without any restrictions or obligation to compensate you for them, and we are under no obligation to keep them confidential.<br><br>8) Updating These Terms<br>We may change our Konsensus Now! App and policies, and we may need to make changes to these Terms so that they accurately reflect our App and policies. Unless otherwise required by law, we will notify you (for example, through our App) before we make changes to these Terms and allow you to review them before they go into effect. Then, if you continue to use the Konsensus Now! App, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account through the App.