1. Agreement
These Terms of Service (“Terms”) govern access to and use of CogniTalking’s website, platform, and related services. By visiting or using our services you agree to comply with these Terms and our Privacy Policy.
If you represent a company, you confirm that you have the authority to bind that company to these Terms.
2. Services Overview
CogniTalking provides a cloud-based suite to design, deploy, and manage virtual AI agents across voice and chat channels. We continuously evolve the platform and may make updates or improvements without prior notice.
- Core capabilities include orchestration, analytics dashboards, and integrations.
- Optional add-ons may require separate commercial agreements.
- Beta features are provided “as is” and may change or be discontinued.
3. Accounts & Access
You must provide accurate account information and keep credentials confidential. You are responsible for activities that occur under your account.
- Notify us immediately if you suspect unauthorized use of your account.
- You agree not to circumvent security or probe the platform for vulnerabilities.
- We may suspend access to protect the platform or comply with legal obligations.
4. Intellectual Property
All platform software, documentation, and brand assets are owned by CogniTalking or its licensors. No rights are granted except as explicitly set forth in an executed agreement.
Customer-provided content, prompts, and datasets remain your property. You grant CogniTalking a limited license to process that content solely to deliver the services.
5. Acceptable Use
You will use the services only in compliance with applicable laws and regulations. Misuse, abusive content, or attempts to disrupt service integrity are prohibited.
- Do not use the platform to transmit harmful, deceptive, or infringing content.
- Do not build competing services using confidential information obtained here.
- Respect rate limits and API usage guidelines communicated by CogniTalking.
6. Fees & Payment
Pricing, billing cycles, and payment terms are outlined in separate order forms or invoices. Fees are due within the agreed timeline unless otherwise stated.
- Late payments may incur service suspension and finance charges.
- Taxes, duties, and government charges are your responsibility unless exempt.
- Usage-based charges are calculated from platform telemetry and logs.
7. Confidentiality
Each party agrees to protect confidential information with the same care it applies to its own sensitive information and not to disclose it to third parties except as permitted.
These obligations survive termination of the relationship for five (5) years, or longer where applicable law requires.
8. Disclaimer of Warranties
The services are provided “as is” and “as available.” CogniTalking disclaims all warranties whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
To the fullest extent permitted by law, CogniTalking will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue arising from your use of the services.
CogniTalking’s aggregate liability is limited to the fees paid for the services giving rise to the claim in the twelve (12) months preceding the event.
10. Term & Termination
Either party may terminate services for cause if the other materially breaches these Terms and fails to cure within thirty (30) days of notice. You may stop using the services at any time.
- Upon termination, you must discontinue use of the platform and delete any confidential information obtained through it.
- Sections that by their nature should survive, including confidentiality, limitation of liability, and governing law, will remain in effect.
11. Governing Law & Disputes
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of laws principles. Any dispute will be resolved in the state or federal courts located in Miami-Dade County, Florida.
12. Changes to Terms
We may update these Terms to reflect changes in the law or our services. Continued use after the effective date of an update constitutes acceptance of the revised Terms.
13. Contact
For legal notices or questions about these Terms, contact:
CogniTalking
Legal Department
Miami, Florida, USA
Email:
Phone: +1 (786) 786-6216