Terms & Conditions
Last updated: 27 Jan 2025
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1. Acceptance of Terms
1.1. Binding Agreement
By using our Site or Services, you confirm that you have read, understood, and agreed to be bound by these Terms, including any additional guidelines, policies, or rules referenced herein.
1.2. Eligibility
You must be at least 18 years of age to use the Site or Services. By using the Site or Services, you represent that you meet this age requirement.
1.3. Updates to Terms
We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting to the Site. Your continued use of the Site or Services after any modifications constitute acceptance of the updated Terms.
2. Description of Services
2.1. AI + Human Workforce
We provide AI-assisted employees and human-in-the-loop services that help businesses with tasks such as software testing, data analysis, compliance checks, and more.
2.2. Scope of Engagement
The specific scope of our Services will be outlined in a separate agreement or statement of work (“SOW”) or in your service plan. In the event of any conflict between these Terms and an SOW, the SOW shall govern.
2.3. No Guarantee of Results
While we strive to provide accurate and efficient Services, we do not guarantee specific results or outcomes from using our AI models or human-in-the-loop solutions.
3. User Conduct and Obligations
3.1. Acceptable Use
You agree not to use the Site or Services for any illegal or unauthorized purpose, and you will comply with all laws, regulations, and third-party rights.
3.2. Data Integrity
You are responsible for providing accurate, complete, and lawful data necessary for us to perform the Services. You represent that you have all necessary rights and consents to share such data.
3.3. Security
You must maintain the confidentiality of any login credentials used to access our Services. You are solely responsible for all activities conducted through your account.
4. Intellectual Property
4.1. Company IP
All content, features, and functionality (including software, code, text, graphics, logos, and images) on the Site or provided as part of the Services are owned by or licensed to the Company. You may not reproduce, distribute, create derivative works, publicly display, or exploit our intellectual property without our explicit written permission.
4.2. Client Data
We do not claim ownership of any data or materials you provide in connection with the Services (“Client Data”). You grant us a non-exclusive, worldwide, royalty-free license to use Client Data solely for the purpose of providing and improving the Services.
4.3. Feedback
If you provide suggestions or feedback regarding our Services, we may use and incorporate such feedback without any obligation or compensation to you.
5. Confidentiality
5.1. Confidential Information
“Confidential Information” includes all non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that should reasonably be understood to be confidential.
5.2. Obligations
Each party agrees to use Confidential Information only for the purpose of fulfilling its obligations under these Terms and shall protect such information from unauthorized use, access, or disclosure with at least the same degree of care it uses to protect its own confidential information.
6. Data Privacy
6.1. Privacy Policy
Our collection and use of personal data are described in our privacy policy page. By using our Site or Services, you consent to our data practices.
6.2. Compliance
We make commercially reasonable efforts to comply with applicable data protection laws and regulations. You are responsible for ensuring that your collection and sharing of data with us complies with all applicable laws in your jurisdiction.
7. Payment and Billing
7.1. Fees
The fees for the Services will be detailed in a separate agreement, an invoice, or a service plan. You agree to pay all fees in accordance with the terms set forth therein.
7.2. Late Payments
Late payments may incur interest at the rate of [X% per month] or the maximum rate permitted by law, whichever is lower, until the outstanding amount is fully paid.
7.3. Refunds
All fees are non-refundable unless otherwise specified in a separate agreement or required by law.
8. Disclaimers
8.1. No Warranties
The Site and Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
8.2. AI Limitations
Our AI models rely on complex algorithms that may produce occasional errors or inaccuracies. We do not guarantee the Services will be uninterrupted, error-free, or completely secure.
8.3. Third-Party Content
We may link to or integrate third-party websites, tools, or services. We are not responsible for the accuracy or reliability of any third-party content.
9. Limitation of Liability
9.1. Indirect Damages
To the fullest extent permitted by law, neither we nor our affiliates will be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to these Terms or the Services.
9.2. Maximum Liability
Our total liability for any claim under these Terms is limited to the amount you paid us for the Services during the [three (3)] months prior to the event giving rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from or related to:
- Your breach of these Terms;
- Your misuse of the Site or Services;
- Your violation of any third-party rights, including intellectual property or data privacy.
11. Termination
11.1. Termination by You
You may cease using the Site or Services at any time. If you wish to delete your account, please contact us at [contact email].
11.2. Termination by Us
We may suspend or terminate your access to the Site or Services if you violate these Terms or if we discontinue the Services. We will attempt to provide notice where possible.
11.3. Effect of Termination
Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination will remain in effect.
12. Governing Law and Dispute Resolution
12.1. Governing Law
These Terms are governed by and construed in accordance with the laws of [Applicable Jurisdiction], without regard to its conflict of laws principles.
12.2. Dispute Resolution
Any dispute arising out of or related to these Terms will be resolved through binding arbitration under the rules of [Arbitration Association], except that either party may seek injunctive or equitable relief in courts of competent jurisdiction.
13. Miscellaneous
13.1. Entire Agreement
These Terms, along with any separate agreement or SOW, constitute the entire agreement between you and the Company regarding the Site and Services, superseding any prior agreements.
13.2. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
13.3. Waiver
The failure of either party to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision.
13.4. Assignment
You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent.
13.5. Contact Information
For questions or concerns about these Terms, please contact us at:
- Email: hello@cognai.ai