Terms of Service

You must be at least 13 years old to use the Services. If you are under 18 (or the age of majority in your jurisdiction), you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf and consents to your use of the Services. By using CogniAIX, you represent and warrant that you meet these requirements, that all registration information you provide is accurate, current, and complete, and that your use of the Services does not violate any law applicable to you. We reserve the right to refuse, suspend, or terminate access for anyone who does not meet these eligibility requirements or who provides false information. If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you and that organization.

To access most features of the Services, you must create an account by providing your name, email address, and a password, or by signing in through a supported third-party identity provider. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at support@cogniaix.com if you suspect any unauthorized use of your account or any other breach of security. CogniAIX will not be liable for any loss or damage arising from your failure to safeguard your credentials. You may not share your account credentials with any third party or use another person's account. Each account is intended for a single authorized user unless you are on a team or enterprise plan (such as Pinnacle) that explicitly permits multiple seats, in which case each seat remains personal to its assigned user.

CogniAIX offers a free tier and paid subscription plans (currently Spark, Boost, Amplify, and Pinnacle), each with usage allowances measured in transcription minutes and with features described on our pricing page at www.cogniaix.com. Plan features, allowances, and prices are subject to change as described in this Section and Section 17 (Changes to These Terms).

Auto-renewal. Paid subscriptions are billed in advance on a recurring monthly or annual basis and AUTOMATICALLY RENEW at the end of each billing period at the then-current rate unless you cancel before the renewal date. By subscribing, you authorize us (or the applicable app store) to charge your chosen payment method on a recurring basis until you cancel.

Cancellation. You may cancel your subscription at any time through your account settings on the web, or, if you subscribed through the Apple App Store or Google Play, through your app store subscription settings. Cancellation takes effect at the end of the current billing period; you will retain access to paid features until then. Except where required by law or expressly stated otherwise, payments are non-refundable and we do not provide refunds or credits for partial billing periods, unused minutes, or downgrades.

Usage allowances. Included transcription minutes are provided for your active billing period, do not roll over unless your plan expressly states otherwise, and expire on cancellation or termination. We may apply fair-use limits, throttling, or overage handling to plans described as "unlimited" to protect the integrity of the Services.

Free tier and trials. Free allowances (such as one-time promotional minutes) and free trials are provided at our discretion, may be modified or withdrawn at any time, and are limited to one per person unless we state otherwise. If a trial converts to a paid subscription, you will be charged unless you cancel before the trial ends.

Price changes. We may change subscription prices from time to time. Price changes will not apply retroactively and will take effect no earlier than your next billing period. We will give you reasonable advance notice of any price increase, and your continued subscription after the change takes effect constitutes acceptance of the new price. Taxes may be added where required by law.

If you download or use the Apps from the Apple App Store or Google Play, your use is also subject to the applicable app store's terms of service, and purchases made through an app store are billed and refunded by that store under its policies. The following terms apply to the iOS App and are for the benefit of Apple Inc. ("Apple"): these Terms are between you and CogniAIX only, not Apple; Apple has no obligation to provide maintenance or support for the App; in the event the App fails to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price of the App, and to the maximum extent permitted by law Apple has no other warranty obligation with respect to the App; Apple is not responsible for addressing any claims relating to the App, including product liability, legal or regulatory compliance, and consumer protection claims, or any third-party claim that the App infringes intellectual property rights; you represent that you are not located in a country subject to a U.S. government embargo or designated a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Analogous terms apply to Google LLC with respect to the Android App distributed through Google Play.

CogniAIX is a tool for recording and transcribing conversations. You — not CogniAIX — are solely responsible for complying with all laws that apply to your recordings, including wiretapping, eavesdropping, and call-recording consent laws, which in many jurisdictions (including a number of U.S. states) require the consent of all parties to a conversation. You agree not to record or transcribe any conversation without obtaining any legally required notice to and consent from all participants. You are also responsible for compliance with any workplace policies, professional obligations (such as attorney or medical confidentiality rules), and contractual restrictions that apply to the conversations you record. CogniAIX disclaims all liability arising from recordings made without required consent.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not use CogniAIX to upload, transmit, or process audio or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or that infringes the intellectual property, privacy, or other rights of any person. You may not: use the Services to develop a competing product or service; use the Services or any output to train machine learning or AI models; reverse-engineer, decompile, or disassemble our software except where such restriction is prohibited by law; probe, scan, or test the vulnerability of our systems or circumvent any security or usage limits; use bots, scrapers, or automated means to access the Services except through interfaces we expressly provide; resell, sublicense, or provide the Services to third parties as a service bureau; or engage in any activity that places an unreasonable load on our infrastructure or interferes with other users. We reserve the right to investigate suspected violations and take appropriate action, including removing content, suspending or terminating accounts, and reporting to law enforcement.

All content and technology comprising the Services — including software, models, algorithms, user interface designs, text, graphics, logos, trademarks, and documentation — are the exclusive property of CognitiAIX LLC. or its licensors and are protected by copyright, trademark, and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal or internal business purposes. Nothing in these Terms grants you any right to use the CogniAIX name, logo, or branding. If you provide feedback or suggestions about the Services, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction or obligation to you.

You retain full ownership of the audio files, transcripts, notes, summaries derived from your conversations, and other content you upload to or create within CogniAIX ("User Content"). By using the Services, you grant CogniAIX a limited, non-exclusive, worldwide, royalty-free license to host, process, store, display, transmit, and otherwise use your User Content solely to operate, secure, and improve the Services on your behalf and as otherwise described in our Privacy Policy. We do not sell your User Content and do not use your conversation audio or transcripts to train generalized AI models without your explicit consent. Audio files are automatically deleted from our servers after transcription processing is complete unless your plan includes audio storage and you choose to retain them. You represent and warrant that you own or have obtained all rights necessary to upload your User Content (including any required consents from recorded participants, per Section 6) and that doing so does not violate any law or third-party right. You are responsible for maintaining your own copies of important User Content; export tools are provided in the product.

The Services use artificial intelligence to generate transcripts, summaries, action items, drafts, answers to questions about your conversation history, and other output ("Output"). AI systems are probabilistic: Output may be inaccurate, incomplete, or misattributed, and transcription accuracy varies with audio quality, background noise, accents, vocabulary, and other factors. Output is provided for your convenience and does not constitute professional advice. You must review Output for accuracy before relying on it, and you are solely responsible for any use of Output in legal, medical, financial, employment, compliance, or other consequential contexts. As between you and CogniAIX, and to the extent permitted by law, you own the Output generated from your User Content, subject to the disclaimer in Section 13.

The Services may allow you to connect third-party products such as Slack, email providers, document and calendar tools, and identity providers. Your use of any third-party service is governed by that provider's own terms and privacy policy, and you are responsible for the permissions you grant. When you direct us to send data to a third-party service (for example, sharing a summary to Slack), we transmit that data on your instruction, and we are not responsible for how the third-party service handles it. We do not endorse and are not responsible for third-party services, and we may modify or discontinue integrations at any time.

You may stop using the Services and delete your account at any time through your account settings or by contacting us. We may suspend or terminate your access to all or part of the Services at any time, with or without notice, if we reasonably believe you have violated these Terms, created legal or security risk for CogniAIX or other users, or failed to pay amounts due; we may also discontinue the Services (or any feature) with reasonable notice. Upon termination, your license to use the Services ends immediately, and we will delete or de-identify your account data in accordance with our data retention practices described in the Privacy Policy, subject to a reasonable window for you to export your User Content where practicable and lawful. Sections that by their nature should survive termination — including Sections 8, 9, 10, 13, 14, 15, 16, and 18 — survive.

THE SERVICES AND ALL OUTPUT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY TRANSCRIPTION OR OTHER OUTPUT WILL MEET ANY ACCURACY THRESHOLD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, COGNIAIX AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY OUTPUT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO COGNIAIX IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU IN FULL. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

You agree to defend, indemnify, and hold harmless CognitiAIX LLC. and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: your violation of these Terms; your use of the Services in violation of applicable law, including recording-consent laws; your User Content; or your infringement of any third party's intellectual property, privacy, or other rights. We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which case you agree to cooperate with us.

Informal resolution first. Before filing a claim, you agree to contact us at support@cogniaix.com describing the dispute and to give us 30 days to try to resolve it informally. Most concerns can be resolved this way.

Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved by BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English, by a single arbitrator, and may be conducted by videoconference or, if an in-person hearing is required, in the county where you reside or another mutually agreed location. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. YOU AND COGNIAIX EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. Claims may be brought only in an individual capacity. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or prevent unauthorized use of the Services.

Opt-out. You may opt out of this arbitration agreement by emailing support@cogniaix.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms, stating your name, account email, and intent to opt out. Opting out does not affect any other provision of these Terms.

We may update these Terms from time to time. When we make material changes, we will notify you by email to the address associated with your account and by posting a notice on our website or in the Apps at least 14 days before the changes take effect (except where a shorter period is required for legal, security, or abuse-prevention reasons). If you continue to use the Services after updated Terms take effect, you agree to be bound by them; if you do not agree, you must stop using the Services and may delete your account, and if you have a paid subscription you may cancel it effective at the end of the current billing period. The "Last Updated" date above reflects the most recent revision.

Company information. CogniAIX is a product and service owned and operated by CognitiAIX LLC, a limited liability company incorporated under the laws of the State of New Jersey, United States of America. All references in these Terms to "CogniAIX," "we," "us," or "our" refer to CognitiAIX LLC, and any contracting or contact details in these Terms are those of CognitiAIX LLC.

Governing law. These Terms and any dispute arising out of them are governed by the laws of the State of New Jersey and applicable U.S. federal law, without regard to conflict-of-laws principles. For any dispute not subject to arbitration under Section 16, you and CogniAIX consent to the exclusive jurisdiction and venue of the state and federal courts located in New Jersey. Nothing in this Section deprives you of mandatory consumer protections of the jurisdiction where you reside.

Entire agreement; severability; waiver. These Terms, together with the Privacy Policy and any plan-specific or enterprise terms you agree to, constitute the entire agreement between you and CogniAIX regarding the Services and supersede all prior agreements on that subject. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment; force majeure; export. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. We are not liable for any delay or failure to perform due to causes beyond our reasonable control. You agree to comply with all applicable export control and sanctions laws in your use of the Services.

If you have questions about these Terms, would like to report a violation, or need to reach us for any other legal reason, please use our contact form at cogniaix.com/contact or write to support@cogniaix.com. We aim to respond inquiries within 14 business days.