Cognosketch Assess – Terms of Service

Welcome to Cognosketch Assess!

These Terms and Conditions (“Terms”) govern your use of the Cognosketch Assess mobile application (the “App”), operated by Cognosketch, LLC. (“us”, “we”, or “our”).

Please read these Terms carefully before using the App.

By accessing or using the App, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing the App.

To purchase and administer assessments, users must create a Cognosketch account in the App. By creating an account, you agree to the following:

• You must be at least 18 years old.
• You accept financial responsibility for the account.
• You agree to provide accurate, current, and complete information during the account creation process.
• You are responsible for configuring and restricting in-app purchases on your devices.

The App may utilize artificial intelligence (“AI”) algorithms and machine learning techniques to analyze and process data collected from your use of the App (“User Data”). This includes usage patterns, preferences, interactions, and other relevant data as specified in our Privacy Policy.

You further acknowledge and agree that the User Data may be used to improve the AI models and algorithms used by the App over time. This may involve retraining AI models based on aggregated and anonymized User Data to enhance the performance, accuracy, and functionality of the App.

You acknowledge and agree that you are not entitled to any compensation, royalties, or other financial benefits arising from the collection, processing, or use of your User Data for AI model improvement purposes. You waive any claims or demands for compensation related to such activities.

The App and its original content, features, and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

We own all rights, title, and interest in and to the App software, including all intellectual property rights. You agree not to modify, adapt, translate, reverse engineer, decompile, or disassemble the App software.

The App software is provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied. We do not guarantee that the App software will be error-free or uninterrupted, or that defects will be corrected.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App;(ii) any conduct or content of any third party on the App;(iii) any content obtained from the App; and(iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage arising out of or in connection with your use of the App software.

Any dispute arising out of or relating to these Terms or the use of the App shall be governed by the laws of the United States of America. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Tampa, Florida, USA.

We reserve the right to modify or replace these Terms at any time, at our sole discretion. If the revisions significantly affect your rights or obligations under these Terms, we will provide at least 30 days’ notice prior to any new terms taking effect. Your continued use of the App after the revised terms come into effect constitutes acceptance of those changes.

If you have any questions about these terms, please contact us at the email address below