1. Eligibility
You must be at least 13 years old (16 in the EEA/UK) to use the Service. If you use the Service for an organisation, you confirm that you have authority to bind that organisation, and both you and the organisation accept these Terms.
2. Accounts
You are responsible for maintaining the security of your account and for all activity that occurs under it. Notify us promptly of any unauthorised use.
3. Plans, Trials, and Payment
Paid plans are billed according to the pricing presented at signup. Unless stated otherwise, fees are non-refundable. We may change pricing for future renewal terms with prior notice.
4. License to the Service
Cogniate grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business or personal use, subject to these Terms.
5. Acceptable Use
You agree not to:
- Reverse engineer, decompile, or attempt to derive source code, except as permitted by law.
- Use the Service to violate law, infringe intellectual property, or harm minors.
- Send spam, malware, or otherwise interfere with the Service.
- Bypass usage limits, scrape data, or evade rate limiting.
- Use the Service to develop a competing product, service, or model.
6. Your Content
You retain ownership of content you upload to the Service (“Customer Content”). You grant Cogniate a worldwide, non-exclusive licence to host, process, and display Customer Content as necessary to operate the Service. You are responsible for ensuring you have the rights to share Customer Content.
7. AI Output
The Service uses AI models to generate text, images, and other content based on your prompts and inputs (“Output”). Output may not be unique, may be inaccurate, and may not be suitable for all uses. You are responsible for reviewing and validating Output before relying on or distributing it.
8. Intellectual Property
The Service — including the platform, models, brand, and documentation — is owned by Cogniate or its licensors. Except for the licence granted in Section 4, no rights are transferred to you.
9. Third-Party Services
The Service may interoperate with third-party services. Your use of those services is subject to their terms; Cogniate is not responsible for them.
10. Confidentiality
Each party will protect the other’s confidential information using reasonable care.
11. Suspension and Termination
We may suspend or terminate access for violations of these Terms or to protect the Service. You may stop using the Service at any time. Sections that should survive termination will survive.
12. Disclaimers
The Service is provided “as is” and “as available”. To the maximum extent permitted by law, Cogniate disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
13. Limitation of Liability
To the maximum extent permitted by law, Cogniate’s total liability arising out of or relating to these Terms or the Service is limited to the amounts paid by you in the 12 months preceding the claim. Cogniate is not liable for indirect, incidental, special, consequential, or punitive damages.
14. Indemnification
You will indemnify and hold harmless Cogniate, its affiliates including Sølúna Ventures, and their personnel from any third-party claim arising out of your Customer Content or your breach of these Terms.
15. Governing Law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute not subject to arbitration.
16. Changes
We may update these Terms from time to time. Material changes will be communicated by posting the updated Terms and, where appropriate, by email or in-product notice. Continued use after changes take effect constitutes acceptance.
17. Contact
Cogniate US, Inc. — legal@cogniate.ai