Short version: We use these basic terms throughout the Agreement, and they have specific meanings. You need to understand what we mean when we use each of these terms.
Short version: User Accounts and Organizations have different administrative controls and roles; a human must create your Account; you must be 18 years or older and you must provide a valid email address. You are solely responsible for your Account and for everything that happens while you are logged in or using your Account. You are responsible for the security of your Account.
You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these conditions on behalf of a legal entity (in which case we require more information about the legal entity) or if you opt for a paid Account, in which case additional information will be required for billing purposes.
We have a few simple rules for User Accounts on the CogNeed Service:
You are responsible for the security of your Account when you use our Service. Your Content and its security are up to you. We have a few simple rules for User Accounts on the CogNeed Service:
In certain situations, third-party terms may apply to your use of CogNeed. For instance, you may be a member of an organization on CogNeed with its own terms or license agreements; you might download an application that integrates with CogNeed; or you might use CogNeed to authenticate with another service. Please note that although these Terms constitute our complete agreement with you, the terms of other parties govern their relationships with you.
CogNeed hosts a wide variety of collaborative projects from around the globe, and this collaboration only works when our Users are able to work together in good faith. When using the Service, you must adhere to the terms of this section, which include some restrictions on the Content you can post, conduct on the Service, and other limitations. In short, be excellent to each other.
Your use of the Website and Service must not violate any applicable law, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for ensuring that your use of the Service complies with laws and any applicable regulations.
You agree that you will not in any case violate our Acceptable Use Policies.
Short version: You own the Content you create, but you grant us certain rights over it, so we can display and share the Content you post. You always have control over Your Content and the responsibility for it, and the rights you grant us are limited to those necessary for us to provide the Service. We have the right to remove Content or close Accounts or User Accounts if needed.
You may create or upload Content while using the Service. You are solely responsible for the Content and any damage resulting from the User-Generated Content that you post, upload, link to, or make available via the Service, regardless of the form of that Content. We are not responsible for the public display or misuse of your User-Generated Content.
We have the right to refuse or delete any User-Generated Content that, in our sole discretion, violates any law or CogNeed's terms or policies. User-Generated Content posted on CogNeed for mobile may be subject to additional terms of mobile app stores.
You retain ownership and responsibility for Your Content. If you post Content you did not create yourself or do not own the rights to, you agree that you are responsible; that you will only submit Content you have the right to post; and that you will fully comply with any third-party licenses relating to the Content you post.
Since you retain ownership and responsibility for Your Content, we need you to grant us and other Users of CogNeed in your Organization certain legal permissions, listed in sections IV.4 to IV.6. These license grants apply to Your Content. If you upload Content that already comes with a license granting CogNeed the permissions we need to operate our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in sections IV.4 to IV.6. The licenses you grant us will end when you remove Your Content from our servers.
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and to make incidental copies as necessary to provide the Service, including to improve the Service over time. This license includes the right to do things like copy it into our database and make backups; show it to you and other Users; modify or adapt it as part of our providing the Customer Success Service; parse it into a search index or otherwise analyze it on our servers; share it with other Users; and perform it (including in audio or video).
This license does not grant CogNeed the right to sell Your Content. It also does not grant CogNeed the right to distribute or otherwise use Your Content outside of our provision of the Service, except in the context of archiving Your Content.
Any User-Generated Content you post or publicly display, including comments, can be viewed by others.
If you set Your Content to be published or displayed publicly, you grant each User of CogNeed a worldwide, non-exclusive license to use, display, and perform Your Content through the CogNeed Service and to reproduce Your Content solely on CogNeed, to the extent permitted by the functionalities of CogNeed. If you upload Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other CogNeed Users.
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to allow us to reasonably exercise the rights granted in section IV.4, but not otherwise. To the extent that this Agreement is not enforceable by applicable law, you grant CogNeed the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
If you believe that Content on the Website or Service infringes upon your copyright, please contact us at contact@cogneed.ai. If you hold a copyright and believe that CogNeed Content infringes upon your rights, please contact us via email at contact@cogneed.ai. Sending a false or frivolous takedown notice may result in legal consequences. Before sending a takedown request, you should consider legal uses such as fair use and licensed uses.
We will terminate the Accounts and/or User Accounts of repeat infringers of this policy.
Short version: We own the Service and all Our Content. To allow you to use Our Content, we grant you certain rights to it, but you may only use Our Content in the way that we have authorized.
CogNeed and its licensors, vendors, agents, and/or suppliers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service are copyright © CogNeed, Inc. All rights reserved. You may not duplicate, copy, or reuse any part of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from CogNeed.
If you’d like to use CogNeed’s trademarks, please contact us at contact@cogneed.ai.
Short version: You agree to these General Conditions of Sale and Use, as well as this Section VII, when you use any of CogNeed's APIs (Application Provider Interface), including using the API through a third-party product that accesses CogNeed.
Abuse or excessively frequent requests to CogNeed via the API may result in the temporary or permanent suspension of your Account's access to the API. CogNeed, at its sole discretion, will determine abuse or excessive use of the API. We will make a reasonable effort to notify you by email before suspension.
You may not share API tokens to exceed CogNeed's usage rate limits.
You may not use the API to download data or Content from CogNeed for spam purposes, including for the purpose of selling CogNeed Users' personal information to third parties, such as recruiters, headhunters, and job sites, for example.
Any use of the CogNeed API is subject to these General Conditions of Sale and Use and to CogNeed's Privacy Policy.
CogNeed may offer subscription access to our API for Users who require high-throughput access or access that would involve reselling the CogNeed Service.
Short version: Beta versions may not be supported or may change at any time. You may receive confidential information through these programs that must remain confidential as long as the program is private. We would like to receive your feedback to improve our beta versions.
Beta versions may not be supported and are subject to change at any time without notice. Additionally, beta versions are not subject to the same security measures and audits as the Service has been and is subjected to. By using a Beta version, you do so at your own risk.
As a Beta version user, you may have access to special information not available to the rest of the world. Due to the sensitive nature of this information, it is important to us that you keep this information secret.
Confidentiality Obligations. You agree that any non-public Beta version information we provide to you, such as information about a private Beta version, will be considered CogNeed's confidential information (collectively, "Confidential Information"), whether marked or identified as such or not. You agree to use such Confidential Information only for the purpose of testing and evaluating the Beta version (the "Purpose"), and for no other purpose. You must use the same degree of care that you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You agree not to disclose, publish, or disseminate Confidential Information to third parties unless we otherwise prohibit or restrict such disclosure (for example, you may be part of a group discussion organized by CogNeed about a private Beta version feature).
Exceptions. Confidential Information does not include information that is: (a) or becomes publicly available without breach of this Agreement by any act or omission on your part (for example, when a private Beta version becomes a public Beta version); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with CogNeed's permission. You will not violate the terms of this Agreement if you are compelled to disclose Confidential Information under the law, provided that CogNeed has received reasonable written notice to object to it, except where prohibited by law.
We are always trying to improve our Services, and your feedback as a Beta version user will help us do that. If you choose to provide us with ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations, or any other feedback on our Services (collectively, "Feedback"), you acknowledge and agree that CogNeed will have a royalty-free, fully paid, worldwide, transferable, sublicensable, irrevocable, and perpetual license to implement, use, modify, commercially exploit, and/or incorporate such feedback into our products, services, and documentation.
Short version : You are responsible for all fees associated with your use of CogNeed. We are responsible for communicating these fees clearly and accurately to you and for informing you well in advance if these prices change.
Note: The Flexible and Enterprise plans include a free 14-day period before the first billing for the creation of Your Content. The free period applies only once, at the first subscription and does not apply when changing plans or adding additional projects or User Accounts. The paid plan license fees will apply from the last day of the free period.
When you choose flexible pricing, you are billed monthly based on the number of registered User Accounts, which you can adjust up or down at any time. Flexible pricing is the preferred option for a pilot.
If you deploy CogNeed on a large scale, you can switch to Enterprise pricing, offering a lower subscription cost per User Account and personalized support. You can always add additional User Accounts during the subscription at a prorated cost, based on the number of days remaining in the subscription period.
To guide you in implementing CogNeed, package services such as support, integration fees, and/or the use of complementary automatic Content generation solutions may be offered on a quote basis.
At the first subscription, CogNeed pricing plans include a 14-day free trial period. Thus, at subscription, a free invoice is issued. After this initial 14-day period, CogNeed will be billed for the upcoming period.
Invoices will be issued:
You can change your Service level at any time by choosing a different plan in your billing settings. If you choose to downgrade your Account, you may lose access to certain Content, features, or the capacity of your Account. Please see our cancellation section or contact us for more information on obtaining a copy of this Content.
The Enterprise plan licenses all User Accounts for the CogNeed Service at the time of billing, for a defined commitment period. Billing will be issued based on the number of User Accounts ordered at the project launch, based on the number of registered User Accounts at the renewal anniversary dates, and based on the Enterprise license amount, respecting the minimum billing.
During the billing period, if additional User Accounts are registered, additional billing will be issued at the end of the commitment period, at the time of renewal. We will calculate the prorated cost for the remainder of the period for these additional User Accounts.
After adding additional User Accounts, if you choose to reduce the number of User Accounts, a prorated credit for the remainder of the period will be issued at renewal, unless the minimum billing applies.
Note: Credits do not correspond to a currency or exchange value, are not transferable or refundable, and will expire after the termination of your paid CogNeed plan.
The Flexible plan grants a monthly license to all User Accounts for the CogNeed Service at the time of billing. Billing will be issued based on the number of User Accounts registered at the project launch and at the renewal anniversary dates, and based on the Flexible license amount, respecting the minimum billing.
During the billing period, if additional User Accounts are registered, additional billing will be issued at the time of monthly renewal. We will calculate the prorated cost for the remainder of the month for these additional User Accounts.
After adding additional User Accounts, if you choose to reduce the number of User Accounts, a prorated credit for the remainder of the month will be issued at renewal, unless the minimum billing applies.
Note: Credits do not correspond to a currency or exchange value, are not transferable or refundable, and will expire after the termination of your paid CogNeed plan.
By agreeing to these Terms, you are giving us and Stripe, our third-party payment processor, permission to charge your on-file credit card or other approved methods of payment for fees that you authorize for CogNeed.
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay CogNeed any charge incurred in connection with your use of the Service. If you dispute the matter, contact contact@cogneed.ai. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.
Short version: you may close your Account at any time. If you do, we'll treat your information responsibly.
It is your responsibility to properly cancel your Account with CogNeed.
You can cancel User Accounts at any time by having the Account Owner access your Organization's settings in the global navigation bar at the top of the CogNeed Dashboard screen. The Users tab provides a simple User Account deletion button that will ask you no questions.
Account Owners can delete the Organization by sending an email to contact@cogneed.ai.
The termination of the Account will apply at the expiration of the current subscription, will not result in any refunds, and, if applicable, will be subject to the issuance of a final billing invoice.
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but unless required by law, we will delete your complete profile and Your Content within 90 days following cancellation or termination (although some information may remain in encrypted backups). This information cannot be recovered once your Account is cancelled.
Upon request, we will make a reasonable effort to provide the Account holder with a copy of the legal, non-infringing Content of the Account after cancellation, termination, or downgrading of the Account. You must make this request within 90 days following cancellation, termination, or downgrading.
CogNeed reserves the right to suspend or terminate your access to all or part of the Website at any time, with or without cause, with or without notice, effective immediately. CogNeed reserves the right to refuse service to anyone for any reason at any time.
All provisions of this Agreement which, by their nature, should survive termination will survive termination - including, without limitation: provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
Short version: We use email and other electronic means to stay in touch with our Users.
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have provided or through the Service; and (2) agree that all General Conditions of Sale and Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. This section does not affect your non-waivable rights.
Communications made through email or the CogNeed Support messaging system will not constitute legal notice to CogNeed or any of its officers, employees, agents, or representatives in any situation where notice to CogNeed is required by contract or any law or regulation. Legal notice to CogNeed must be in writing to: CogNeed, 8 Place Jeanne d'Arc, 78120 Rambouillet, France.
CogNeed only offers support via email and electronic messages. We do not offer telephone support.
Short version: We provide our Service as is, and we make no promises or guarantees about this Service. Please read this section carefully; you should know what to expect.
Except in the case of fault or gross negligence on the part of CogNeed, we provide the Website and the Service "as is" and "as available," without any kind of warranty. Without limiting this, we expressly disclaim all warranties, whether express, implied, or statutory, regarding the Website and the Service, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
Except in the case of fault or gross negligence on the part of CogNeed, we do not guarantee that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable, or correct; that any defects or errors will be corrected; that the Service will be available at any time or location; or that the Service is free of viruses or other harmful components. Except in the case of fault or gross negligence on the part of CogNeed, you assume the full responsibility and risk of loss resulting from your downloading and/or use of files, information, content, or other materials obtained from the Service.
Short version: We will not be liable for any damages or losses resulting from your use or inability to use the Service or otherwise arising from this Agreement. Please read this section carefully; it limits our obligations to you.
Except in the case of fault or gross negligence on the part of CogNeed, you understand and agree that we shall not be liable to you or any third party for any lost profits, data, goodwill, or the use of the Service, or for any incidental, indirect, special, consequential or exemplary damages, however caused, arising from:
Except in the case of fault or gross negligence on the part of CogNeed, our liability is limited, whether or not we have been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
Short version: You are responsible for your use of the Service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release CogNeed from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify, defend, and hold harmless CogNeed from any claim, liability, and expense, including attorney's fees, arising from your use of the Website and the Service, including, but not limited to, your violation of this Agreement, provided that CogNeed (1) promptly notifies you in writing of the claim, demand, suit, or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit, or proceeding (provided that you may not settle any claim, demand, suit, or proceeding unless the settlement unconditionally releases CogNeed of all liability); and (3) provides to you all reasonable assistance, at your expense.
Conversely, CogNeed agrees to defend and indemnify you from any claim, liability, and expense, including attorney's fees, arising from our use of the Website and the Service, including, but not limited to, our violation of this Agreement, under the same terms as described above.
Short version: We want our Users to be informed about significant changes to our terms, but some changes are not that significant — we don't want to bother you every time we correct a typo. Thus, while we may modify this Agreement at any time, we will notify Users of any significant changes and give you time to adapt to them.
We reserve the right, at our sole discretion, to modify these General Conditions of Sale and Use at any time and will update these General Conditions of Sale and Use in the event of such changes. We will inform our Users of significant changes to this Agreement, such as price increases, at least 30 days before the change takes effect by posting a notice on our Website or sending an email to the primary email address listed in your CogNeed Account. Continued use of the Service by the Client after these 30 days constitutes agreement with these revisions of the Agreement. For all other modifications, your continued use of the Website constitutes agreement with our revisions of these General Conditions of Sale and Use.
We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website and the Service (or any part thereof) with or without notice.
Except to the extent applicable law provides otherwise, this Agreement between you and CogNeed and any access to or use of the Website or Service are governed by the laws of France, without regard to its conflict of law provisions. You and CogNeed agree to submit to the exclusive jurisdiction of the Commercial Court of Versailles.
CogNeed may assign or delegate these Terms of Service and/or the CogNeed Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section IV.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorised assignment and delegation by you is void.
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
If any part of this Agreement is found to be invalid or unenforceable, that part of the Agreement will be interpreted to reflect the parties' original intent. The remaining parts will remain in full force and effect. Any failure by CogNeed to enforce a provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
This Agreement may only be modified by a written amendment signed by an authorized representative of CogNeed, or by the posting by CogNeed of a revised version in accordance with Section XV. However, a Subscription Contract presenting specific terms of sale may prevail over these Terms of Service.
These Terms of Service, along with CogNeed's Privacy Policy, represent the complete and exclusive statement of the Agreement between you and us.
Questions about the Terms of Service? Contact us : contact@cogneed.ai.
The real-time conversational assistant for customeer service and nomad sales teams, serving customer experience to more efficient conversations.
Terms of servicePrivacy PolicyAcceptable Use Policy
