^{CognitiveView – Terms of Service (EULA) Scope}
1. Contracting Entity and Scope :
CognitiveView operates globally through regional entities:
‍United States (default): CognitiveView, Inc., a Delaware corporation with principal offices in Austin, Texas, USA.
Australia: CognitiveView Pty Ltd (ABN 54 629 780 338), Melbourne, Victoria.
‍India: CognitiveView Pvt Ltd, Bhubaneswar, Odisha, India.

“CognitiveView,” “we,” “us,” or “our” refers to the applicable contracting entity above.
“Customer” means the organization entering into an Order, SOW, or Master Subscription Agreement referencing these Terms.
“Subscriber” means an individual authorized by Customer to use the Service.
“Site Visitor” means anyone accessing our website or public materials.
Collectively, these are “Users” or “you.”
If a separate Customer Agreement is signed, it prevails over any conflicting provision in these Terms.

‍2. Eligibility and Accounts
‍You must be of legal age and authorized by Customer.Customer manages Subscriber Accounts and permissions.Keep credentials confidential and notify sales@cognitiveview.com of any unauthorized use.

‍3. Subscriptions, Fees, Trials, Beta
‍Access is subscription-based per your Order Form (term, quantity, pricing).Fees are payable as stated; overdue balances may accrue interest.Trials are provided “as is” and may be suspended or discontinued at any time.Beta features are optional, pre-release, and excluded from SLAs.

‍4. Acceptable Use
You may not:
(a) Violate law or third-party rights.
(b) Upload or transmit malware.
(c) Access non-public areas or exceed authorized API limits.
(d) Reverse engineer, decompile, or create derivative works.
(e) Build a competing product or service using the Service.
(f) Use the Service for high-risk environments (e.g., life-support, critical infrastructure).We may suspend or restrict access to protect the Service or other Users (with notice where practicable).

‍5. Intellectual Property
‍All rights in the Service and CognitiveView Materials belong to CognitiveView and its licensors.Customer retains ownership of all Customer Data and materials provided.

‍Feedback: You grant CognitiveView a non-exclusive, worldwide, perpetual, royalty-free license to use Feedback for product improvement.

‍6. Customer Data and PrivacyOwnership:
Customer retains all rights in Customer Data.Use: We process Customer Data solely to provide, maintain, and secure the Service, prevent abuse, and comply with law.
‍No Sale / No External AI Training: CognitiveView does not sell Customer Data, share it for advertising, or use it to train external foundation models.
‍Privacy & DPA: Our Privacy Policy and Data Processing Addendum (DPA) are incorporated by reference:Privacy: https://www.cognitiveview.com/privacyDPA: https://www.cognitiveview.com/dpa
The DPA aligns with GDPR, UK GDPR, Australian Privacy Act, and India DPDP.

Data Location: Customer may select available regions; otherwise, processing may occur globally under the DPA’s safeguards.
‍Data Deletion: Within 30 days after termination, Customer may export data. After that, we will delete or de-identify Customer Data unless retention is required by law.

‍7. Security, Incidents, and Continuity
‍We apply industry-standard security controls (encryption in transit and at rest, access management, vulnerability testing).We maintain business continuity and disaster recovery plans.Security Incidents: We will notify Customer without undue delay after confirming a Security Incident affecting Customer Data.

‍8. Service Levels and Support

Availability Target: 99.9% monthly uptime, excluding scheduled maintenance and force majeure events.
‍Maintenance: Announced in advance where feasible.
‍Support: Provided during standard business hours; higher tiers per SLA.Service credits (if any) are Customer’s exclusive remedy for SLA shortfalls.

‍9. Third-Party Integrations and Open Source

‍Integrations with third-party services are optional and governed by their own terms and privacy policies.
CognitiveView provides open-source license notices upon request.

10. Communications
‍We may send operational and security-related messages about your account.
‍Marketing communications are opt-in only and include unsubscribe options.We do not use autodialed or prerecorded marketing calls/texts without express consent where required by law.Contact: sales@cognitiveview.com.

‍11. DMCA and IP Notices
‍If you believe content infringes your copyright or other intellectual property rights, contact:Copyright Agent
CognitiveView, Inc.
Attn: Copyright Agent
Austin, Texas, USA
Email: sales@cognitiveview.com

Notices must include the information required by 17 U.S.C. §512(c)(3) or sufficient details for non-US complaints.

‍12. Confidentiality
‍Each party will protect the other’s Confidential Information using reasonable care and use it only for purposes of the engagement.
Exclusions: information that is public, already known, independently developed, or rightfully received.
Upon request, each party will return or destroy Confidential Information (subject to lawful archival exceptions).

‍13. Compliance, Export, and Anti-Bribery
‍You must comply with export control, sanctions, and anti-corruption laws (including U.S. EAR, OFAC, UK Bribery Act, and FCPA) and not use the Service in restricted countries or for prohibited end-uses.

‍14. Government Use
‍If accessed by a government entity, the Service is provided as “commercial computer software / services” with rights limited to those granted to non-government users.

‍15. Warranties and Disclaimers

‍CognitiveView warrants that it will provide the Service in a professional, workmanlike manner consistent with documentation.
Except as stated, the Service and Materials are provided “AS IS.” We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law.

‍16. Indemnification By CognitiveView:
We will defend and indemnify Customer against third-party claims alleging the Service infringes intellectual property rights, subject to prompt notice and cooperation. We may modify, replace, or refund affected subscriptions if necessary.
By Customer: Customer will indemnify CognitiveView for claims arising from Customer Data, unlawful use, or breach of these Terms.

‍17. Limitation of Liability Cap:
Each party’s total liability will not exceed fees paid for the Service during the 12 months preceding the claim.Exclusions (Uncapped): confidentiality breaches, indemnity obligations, payment obligations, fraud, willful misconduct, or personal injury where liability cannot be excluded by law.
No Consequential Damages: Neither party is liable for lost profits, data, or indirect damages.
‍
‍18. Term, Termination, and SuspensionTerm: Subscriptions continue for the term in the Order and auto-renew unless either party provides notice (typically 30 days).
‍Termination: Either party may terminate for material breach if uncured within 30 days.
‍Effect: Upon termination, access ends; surviving sections include IP, Data, Confidentiality, Indemnities, Liability, and Governing Law.
‍Refunds: If CognitiveView terminates for convenience or indemnity reasons, we’ll refund prepaid unused fees.

‍19. Updates and Modifications
We may update the Service and these Terms. Material changes include at least 15 days’ notice and will not retroactively reduce core functionality. If a change materially affects Customer’s rights, Customer may terminate before the effective date for a prorated refund.

‍20. NoticesCognitiveView: sales@cognitiveview.com (with copy to the registered address of the applicable entity).Customer: address or email listed in the Order or admin portal.
Operational notices may be sent via in-product messages.

21. Governing Law and Dispute Resolution(a) United States (CognitiveView, Inc.)Law: Delaware law, excluding conflict rules.
‍Dispute Resolution: Binding arbitration under JAMS Commercial Arbitration Rules, one arbitrator, venue Austin, Texas (or virtual by agreement).
‍Waivers: Each party waives jury trial and class/representative actions.
‍(b) Australia (CognitiveView Pty Ltd)Law & Venue: Laws of Victoria, Australia; courts of Victoria.
‍(c) India (CognitiveView Pvt Ltd)Law & Venue: Laws of India; exclusive jurisdiction of courts at Bhubaneswar, Odisha.Either party may seek injunctive relief for unauthorized use or IP infringement in any competent court.

‍22. MiscellaneousOrder of Precedence: Customer Agreement → these Terms → Documentation.
‍Assignment: Permitted to an Affiliate or successor upon notice; otherwise requires consent.
‍Force Majeure: No liability for events beyond reasonable control.
‍Severability & No Waiver: Invalid provisions do not affect the rest; non-enforcement is not a waiver.Entire Agreement: These Terms (with Privacy Policy and DPA) are the full agreement and supersede prior terms.
Electronic Acceptance: Electronic agreements are as binding as physical signatures.Survival: Sections 5–7, 11–22 survive termination.

‍23. DefinitionsCustomer Data: Data uploaded or generated in the Service by or for Customer.
‍Documentation: User and technical guides provided by CognitiveView.
‍Security Incident: Unauthorized access, disclosure, alteration, or loss of Customer Data in CognitiveView’s control.

Privacy Policy: https://www.cognitiveview.com/privacy
‍Data Processing Addendum (DPA): https://www.cognitiveview.com/dpa
Security Overview: https://www.cognitiveview.com/security
‍Trust Center: https://trust.cognitiveview.com

Contact: sales@cognitiveview.com  |  Copyright Agent: sales@cognitiveview.com