Terms of Service

1. Agreement to Terms

By accessing or using the Cognity platform (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.

The Service is operated by Cognity Pty Ltd, a company registered in Victoria, Australia (“Cognity”, “we”, “us”). References to “you” or “Customer” mean the organisation or individual accessing the Service.

2. Acceptable Use

You agree not to use the Service to:

• Upload, transmit, or process any illegal content or content that violates any applicable law or regulation.
• Harass, threaten, or harm any person through AI-generated conversations.
• Generate, distribute, or display content that is defamatory, fraudulent, obscene, or violates third-party intellectual property rights.
• Attempt to reverse-engineer, decompile, or extract source code from the Service.
• Use the Service to train competing AI models or to replicate Cognity's core functionality.
• Circumvent usage limits, rate limits, or access controls.
• Knowingly introduce malware, viruses, or other malicious code.

We reserve the right to suspend or terminate accounts that violate this policy without prior notice.

3. Subscription Plans and Billing

3.1 Plans

The Service is offered on the following plans: Free/Beta, Starter (monthly), Growth (monthly), and Lifetime. Plan features and limits are described at cognity.com.au/#pricing and may be updated from time to time with reasonable notice.

3.2 Auto-renewal

Monthly subscription plans (Starter, Growth) automatically renew at the start of each calendar month using the payment method on file. By subscribing, you authorise Cognity to charge your payment method on a recurring basis until you cancel.

3.3 Refund Policy

• Monthly subscriptions: No refunds are issued for monthly subscription charges once a billing period has begun. You may cancel at any time to prevent future charges.
• Annual subscriptions (if offered): Customers may request a pro-rata refund within 30 days of their annual payment date.
• Beta period: During the Beta period, exceptional refund requests may be considered at our sole discretion. Contact support@cognity.com.au.

3.4 Price Changes

We will give you at least 30 days' notice before increasing the price of a plan you are subscribed to. Continued use after the effective date constitutes acceptance of the new price.

3.5 Failed Payments

If a payment fails, we will notify you by email and retry the charge. After multiple failed attempts, your plan may be downgraded to Free until payment is resolved.

4. Beta Lifetime Deal

During the Cognity Beta period, a one-time “Beta Lifetime Deal” is available at a promotional price. Purchasing this deal grants the following rights and is subject to the following conditions:

• Beta period access: You receive full access to Cognity at the limits active at your date of purchase for the entire duration of the Beta period, at no additional charge.
• Post-beta transition: When Cognity exits Beta and launches publicly, Beta Lifetime Deal holders will be automatically grandfathered onto the Growth plan (or its equivalent at launch) at no additional cost and with no recurring charges, for as long as the Service operates. The limits of the plan you are grandfathered onto are those of the Growth plan at the time of launch, which may differ from beta limits.
• No recurring charges: The one-time payment is the only charge. You will never be billed again unless you voluntarily upgrade to a higher tier introduced after launch.
• Availability: The Beta Lifetime Deal is limited to the first 50 purchasers and may be withdrawn at any time before that cap is reached. It is not available after the Beta period ends.
• Non-transferable: Beta Lifetime access is personal to the purchasing organisation and cannot be transferred or resold.
• Fair use: Access is subject to these Terms. Violation of Terms may result in termination without refund.
• Service discontinuation: If Cognity discontinues the Service entirely, we will provide at least 6 months' written notice to Beta Lifetime Deal holders. No refund is owed in that event.

5. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms. By using the Service, you agree to the collection and use of information as described in the Privacy Policy.

You are responsible for ensuring that your end users are notified that Cognity processes their anonymised data (chat messages, page paths, hashed user IDs) for the purpose of providing the onboarding Service.

6. Intellectual Property

You retain ownership of all content you upload (documentation, custom prompts). By uploading content, you grant Cognity a non-exclusive, worldwide licence to use that content solely to operate and improve the Service for your account.

Cognity retains all rights in the platform, models, code, brand, and related intellectual property. These Terms do not grant you any rights to Cognity's IP.

7. Disclaimers and Limitation of Liability

7.1 “As Is” Service

The Service is provided “as is” and “as available” without warranty of any kind, express or implied. We do not warrant that the Service will be error-free, uninterrupted, or that AI-generated content will be accurate or complete.

7.2 Liability Cap

To the maximum extent permitted by applicable law, Cognity's total cumulative liability to you arising out of or related to these Terms or the Service (whether in contract, tort, or otherwise) shall not exceed the total fees you paid to Cognity in the 12 months immediately preceding the event giving rise to the claim.

7.3 Exclusions

In no event shall Cognity be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, even if advised of the possibility of such damages.

7.4 Consumer Guarantees

Nothing in these Terms excludes any statutory guarantees, rights, or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

8. Termination

Either party may terminate these Terms at any time by cancelling the subscription (you) or by providing 30 days' written notice (us). We may terminate immediately if you breach these Terms or if required by law.

Upon termination, your access to the Service ceases. We will retain your data per our Privacy Policy retention schedule, and you may request deletion.

9. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria for any dispute arising out of these Terms.

Before commencing legal proceedings, the parties agree to attempt to resolve disputes informally by emailing support@cognity.com.au with the subject line “Dispute Notice”.

10. Changes to Terms

We may update these Terms at any time. We will notify you of material changes by email or by posting a notice on our website at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

11. Contact