Privacy Policy, Terms of Service & Data Processing Agreement

By creating a Cogniver account, signing in, or using any part of the Cogniver platform ("Service"), you confirm that you have read, understood, and agree to be bound by this combined document, which sets out the Privacy Policy, the Terms of Service, and the Data Processing Agreement (collectively the "Terms").

If you do not agree, do not use the Service. Continued use of the Service after the effective date of any updated Terms constitutes acceptance of the updated Terms.

The Service is provided by the entity operating Cogniver (referred to in this document as "Cogniver", "we", "us", or "our"), together with its founders, officers, directors, employees, contractors, agents, advisors, suppliers, and successors (collectively the "Cogniver Parties").

• Provide accurate signup information and keep account credentials confidential.
• Use the Service only for lawful business purposes consistent with the Terms.
• Take responsibility for the actions of every user you invite, provision, or permit to use your organization's workspace, including any data they submit.
• Hold us, our suppliers, and downstream service providers (including Supabase, Vercel, OpenAI, Resend, and any other vendor we engage) harmless to the maximum extent permitted by law for any consequence of your use.

You acknowledge and consent that the Service:

• Stores all data you submit (including but not limited to names, email addresses, photographs, identification documents, education credentials, payment information, workflow content, file attachments, organizational structure, and any free-text you enter) in cloud infrastructure operated by Cogniver and its third-party vendors.
• Processes that data using artificial intelligence and machine-learning models, including but not limited to models operated by OpenAI, in order to generate suggestions, draft content, classify inputs, verify documents, and otherwise power the Service's features.
• Transmits relevant portions of the data to and from those third-party AI vendors over the public internet. Once data has been sent to a third-party AI vendor, that vendor's privacy policy and data-handling practices apply in addition to ours.
• Logs usage events, performance metrics, error reports, IP addresses, browser fingerprints, device characteristics, and authentication events to operate, secure, debug, and improve the Service.
• May retain backups, audit logs, and historical snapshots of your data for as long as we deem operationally necessary, including after you cease using the Service.

By using the Service, you expressly consent to the use of artificial intelligence on every input you provide. This includes, but is not limited to:

• Sending the textual and visual content of your workflow requests, attachments, identification documents, education credentials, organizational chart, free-text fields, and chat messages to AI models for analysis, extraction, summarization, classification, and suggestion generation.
• Receiving automated suggestions, drafts, classifications, verifications, and decisions produced by AI models.
• The possibility that AI output may be inaccurate, incomplete, biased, hallucinated, offensive, or otherwise unsuitable for any particular purpose. You are solely responsible for reviewing AI output before relying on it.

You acknowledge that AI processing is fundamental to the Service and that you cannot use the Service without consenting to it.

You acknowledge and consent that all data you submit is stored in cloud infrastructure that is, by design, accessible from anywhere on the internet through authenticated interfaces. You accept all risks associated with cloud storage, including but not limited to: vendor outages, credential compromise, software vulnerabilities, vendor policy changes, lawful access by government authorities in the jurisdictions where the cloud infrastructure operates, and physical or logical loss of stored data.

The Service is provided "AS IS" and "AS AVAILABLE", without warranty of any kind, express or implied. To the maximum extent permitted by applicable law, the Cogniver Parties disclaim all warranties, including but not limited to: merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, security, availability, uptime, error-free operation, and that any defect will be corrected.

We make no warranty regarding AI output. AI output may be wrong, made up, or harmful, and you accept the full risk of relying on it.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COGNIVER PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COST OF SUBSTITUTE PROCUREMENT, OR ANY OTHER COMMERCIAL OR REPUTATIONAL HARM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF THE COGNIVER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This waiver applies to (without limitation): security incidents and data breaches; loss, corruption, or unauthorized disclosure of your data or your customers' data; AI output that is inaccurate, harmful, biased, offensive, or unlawful; failure of integrations with third- party services; downtime, performance degradation, or scheduled or unscheduled outages; loss of access during credential or session termination; consequences of any automated decision the Service makes on your behalf; consequences of any user action taken by anyone using your organization's workspace; and any other event whatsoever connected to the Service.

Where applicable law does not permit a complete exclusion of liability, the aggregate liability of the Cogniver Parties to you for all claims arising under or relating to the Terms or the Service shall not exceed the lesser of (a) the total amount actually paid by you to Cogniver for the Service in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100.00).

You agree to indemnify, defend, and hold harmless the Cogniver Parties from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, settlements, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of the Service; (b) any content you, your users, or anyone in your organization submits, uploads, transmits, or stores through the Service; (c) any breach by you or your users of the Terms; (d) any misuse of the Service by you or anyone using your organization's workspace; (e) any violation by you or your users of any law, regulation, or right of any third party; and (f) any consequence of AI output that you, your users, or downstream recipients act upon.

You will not, and will not allow any user to:

• Upload illegal content, content that infringes intellectual property, or content prohibited by applicable law.
• Attempt to bypass security controls, rate limits, quota gates, or any other technical protection measure.
• Probe, scan, or test the vulnerability of the Service or its underlying infrastructure without our prior written consent.
• Reverse-engineer, decompile, or otherwise attempt to derive the source code of any part of the Service.
• Resell, sublicense, or commercialize the Service except as expressly permitted by a separate written agreement with us.
• Use the Service to build a competing product.
• Submit content intended to manipulate, prompt-inject, or otherwise compromise our AI systems.

Violation of this section is grounds for immediate termination of your account and any associated workspace, without refund.

We may suspend or terminate your access to the Service at any time, for any reason or for no reason, with or without notice. Upon termination, your right to use the Service immediately ceases. We may, but are not required to, retain or delete your data; you are solely responsible for exporting any data you wish to keep prior to termination.

We may modify the Terms at any time by posting the updated text at this URL and bumping the version identifier. Your continued use of the Service after the effective date of any modification constitutes binding acceptance of the modified Terms. We are under no obligation to notify you of changes individually.

The Terms are governed by the laws of the jurisdiction in which Cogniver is incorporated, without regard to conflict- of-laws principles. Any dispute arising out of or relating to the Terms or the Service shall be resolved exclusively in the courts of that jurisdiction, and you irrevocably consent to that personal jurisdiction and venue.

Class-action waiver: you agree to bring any claim against the Cogniver Parties only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

This section forms the binding Data Processing Agreement between you (Controller) and Cogniver (Processor) for any personal data you submit to the Service.

If any provision of the Terms is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision shall be modified to the minimum extent necessary to render it enforceable while preserving its intent. Sections concerning disclaimer of warranties, limitation of liability, indemnification, and dispute resolution survive termination of the Terms.

The Terms constitute the entire agreement between you and Cogniver concerning the Service and supersede all prior agreements and understandings, whether written or oral. No waiver of any provision will be effective unless in writing and signed by an authorized representative of Cogniver.

Questions about the Terms should be sent to the email address printed at signup. We are not obligated to respond.