Welcome to Cognosketch Assess!
This User Agreement (“Agreement”) governs your use of Cognosketch Assess (the “App”) provided by cognosketch.com (“us,” “we,” “our”).
1. License to Use the App
1.1. Scope
Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App software.
1.2. Restrictions
You agree not to reverse engineer, modify, adapt, distribute, or otherwise exploit the App or its contents in any unauthorized manner.
2. User Responsibilities
2.1. User Conduct
You may not disrupt or interfere with the operation of the App or its associated services.
2.2. Compliance
You agree to use the App in compliance with all applicable laws, regulations, and third-party agreements.
3. Privacy and Data Usage
3.1. Data Collection
We may collect and process personal data as described in our Privacy Policy (see link below).
3.2. AI Usage
The App may utilize artificial intelligence algorithms to improve user experience and functionality. By using the App, you consent to the processing of data by these algorithms.
4. Intellectual Property
All rights, title, and interest in and to the App software, including all intellectual property rights, are owned by us. You agree not to modify, adapt, translate, reverse engineer, decompile, or disassemble the App software.
5. Product Disclaimer
While we strive to provide a high-quality user experience, we cannot guarantee that the App software will be free from errors or defects, or that it will meet all user expectations. By using the App software, you acknowledge and agree that:
- We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of the App software or its associated services.
- We disclaim any liability for any damages or losses arising out of or in connection with your use of the App software or its associated services.
6. Data Usage for AI Improvement
You acknowledge and agree that 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”) as specified in our Privacy Policy (see link below).
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.
7. Consent to Data Usage
By using the App, you expressly consent to the collection, processing, and use of your User Data for the purposes described in this Agreement, including but not limited to AI model improvement. You acknowledge that your consent is voluntary and that you may withdraw it at any time by discontinuing your use of the App.
8. Waiver of Compensation
You acknowledge and agree that you shall not be 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.
9. Limitation of Liability
In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App software.
In no event shall we be liable for any damages or losses arising out of or in connection with the collection, processing, or use of User Data for AI model improvement purposes.
10. Termination
We reserve the right to terminate or suspend your access to the App at any time for any reason without prior notice.
11. Dispute Resolution
Any disputes arising out of or relating to these Terms shall be resolved as follows:
11.1. Negotiation and Informal Resolution
The parties agree to first attempt to resolve any disputes, claims, or controversies arising out of or relating to the User Agreement informally through good-faith negotiations between the parties.
11.2. Mediation
If the parties are unable to resolve a dispute through negotiation, they agree to attempt to resolve the dispute through non-binding mediation conducted by a mutually agreed-upon mediator.
11.3. Arbitration
- If mediation is unsuccessful, any unresolved disputes shall be resolved by final and binding arbitration administered by a reputable arbitration provider agreed upon by the parties.
- The arbitration shall be conducted in accordance with the rules of the chosen arbitration provider and shall take place in a mutually agreed-upon location.
- Each party shall bear their own costs of arbitration, unless otherwise determined by the arbitrator.
11.4. Exceptions
Notwithstanding the above, either party may seek injunctive relief or other equitable remedies from a court of competent jurisdiction to prevent or address irreparable harm or breaches of intellectual property rights.
11.5. Governing Law
The User Agreement shall be governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Tampa, Florida, USA.
12. Updates and Modifications to the App
We may update or modify the App and its features from time to time, including adding or removing functionalities, without prior notice to you.
13. Updates to User Agreement
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If the revisions significantly affect your rights or obligations, we will provide at least 30 days’ notice prior to any new terms taking effect. By continuing to use the App after those revisions become effective, you agree to be bound by the revised Agreement.
14. Contact Information
If you have any questions about this Agreement, please contact us at the email address below:
15. Acknowledgment
By using the App, you acknowledge that you have read, understood, and agree to be bound by these terms.