Last updated: 5 October 2023
These Terms of Service ("Terms") govern your access to and use of the websites, APIs, platforms and related services provided by CogniSys AI Labs LLC ("CogniSys", "we", "us" or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.
1. The Services
CogniSys provides cognitive automation technologies, including:
- The CogniSys Cloud platform for deploying, monitoring and scaling cognitive agents;
- APIs, SDKs and developer tools for integrating reasoning-capable models into applications;
- Dashboards, consoles and sandboxes for experimentation and evaluation; and
- Professional services, pilots and research collaborations, where separately agreed.
Additional terms, order forms or statements of work may apply to specific Services. In the event of a conflict, such signed agreement will control over these online Terms to the extent of the conflict.
2. Eligibility and accounts
- You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Services.
- You must provide accurate, complete registration information and keep your account details up to date.
- You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us promptly of any unauthorized access or suspected breach.
3. Customer Content and data
"Customer Content" means prompts, data, documents, code, configurations and other material you or your organization submit to the Services, as well as the outputs generated for you.
- You retain ownership of your Customer Content, subject to the rights granted in these Terms.
- You grant CogniSys a worldwide, non-exclusive, limited license to host, process, transmit and display Customer Content solely as necessary to provide and maintain the Services, comply with law and enforce our agreements.
- For enterprise or research customers, the use of Customer Content for model improvement is governed by your written agreement with us. Unless otherwise agreed, we do not use Customer Content to train generally-available foundation models.
4. Acceptable use
You agree not to, and not to allow third parties to:
- Use the Services in violation of applicable laws or regulations;
- Use the Services to develop or deploy systems that cause or are reasonably likely to cause harm, including for surveillance without safeguards, discrimination, exploitation, harassment or misinformation;
- Attempt to infringe, reverse engineer, circumvent security measures or probe the Services in ways not authorized by CogniSys;
- Misrepresent model-generated output as human-generated where such disclosure is legally required;
- Use the Services to process special categories of personal data or highly sensitive regulated data (such as health, financial account numbers or government IDs) unless expressly permitted in a separate agreement;
- Resell, sublicense or provide the Services to third parties on a stand-alone basis without our prior written consent.
5. Intellectual property
CogniSys and its licensors own all rights, title and interest in and to the Services, including models, software, interfaces, documentation and branding. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.
Subject to your compliance with these Terms and any applicable order forms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.
6. Output and feedback
- You may use model-generated outputs for any lawful purpose permitted under these Terms and your agreement with us. You are responsible for evaluating the accuracy, appropriateness and legality of such outputs before relying on them.
- If you provide feedback, suggestions or ideas about the Services, we may use that feedback without restriction or obligation to you.
7. Availability and modifications
We aim to operate reliable Services, but availability may be affected by maintenance, updates, infrastructure limitations or events beyond our control. We may modify or discontinue features from time to time, provided that such changes do not materially reduce core functionality of paid Services during a committed term, unless required for security, legal or safety reasons.
8. Fees and payment
Paid Services, usage limits and pricing are described in your order form or online plan. You agree to pay all applicable fees and taxes and authorize us or our payment processors to charge the payment method on file. Late payments may result in suspension or termination of access.
9. Confidentiality
Each party may receive non-public, confidential information from the other party in connection with the Services. The receiving party will use such information only for purposes of the relationship, will protect it with reasonable care and will not disclose it to third parties except to service providers under confidentiality obligations or as required by law.
10. Disclaimers
The Services, including all models and outputs, are provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, CogniSys disclaims all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy.
AI systems can produce incorrect or incomplete outputs, and they may not be appropriate for use in scenarios where errors could result in death, personal injury, or significant physical or financial harm, unless specifically agreed in writing.
11. Limitation of liability
To the maximum extent permitted by law, in no event will CogniSys, its affiliates or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenues, data or goodwill, arising out of or related to the use of or inability to use the Services, even if advised of the possibility of such damages.
To the maximum extent permitted by law, CogniSys' total aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amounts paid or payable by you to CogniSys for the Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100) for free-tier use.
12. Indemnification
You agree to indemnify and hold harmless CogniSys, its affiliates, officers, employees and agents from and against any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from or related to your use of the Services or violation of these Terms.
13. Term, suspension and termination
- These Terms apply from the time you first access the Services and continue until terminated as described here.
- We may suspend or terminate your access to the Services if you materially breach these Terms, if required by law, or if your use poses security or safety risks.
- You may stop using the Services at any time. If you have a separate written agreement with us, termination rights and effects are governed by that agreement.
14. Governing law
These Terms are governed by the laws of the State of California, excluding its conflict-of-laws rules. Any disputes arising out of or relating to these Terms or the Services will be resolved in the state or federal courts located in Santa Clara County, California, and each party consents to the jurisdiction of those courts.
15. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and may provide additional notice, such as via the website or email. By continuing to use the Services after the changes take effect, you agree to the revised Terms.
16. Contact
If you have questions about these Terms or the Services, you can contact us at:
Email Us
sales@cognisysailabs.com
Headquarters
30 N Gould St Ste N, Sheridan, WY 82801