Terms & Conditions
1. Introduction
1.1. These Terms of Service ("Terms") are an agreement between CogniCam Technologies Corp. ("CogniCam" or "we") and you ("User").
1.2. They govern your access to and use of our website, documentation, and content (collectively, "Services").
1.3. By accessing or using our Services, you agree to these Terms and our Privacy Notice. If you do not agree, do not use the Services.
1.4. CogniCam may modify these Terms and will notify you as described in Section 19.
2. Our Services
2.1. The "Services" include the CogniCam website, documentation, and related content provided by CogniCam.
2.2. Separate written agreements for commercial offerings take precedence over these Terms.
3. Eligibility
3.1. You may use our Services only if you can form a binding contract and comply with all laws and these Terms.
3.2. Users under 13 (or under 16 in Europe) are prohibited. Minors under 18 may use the Services only with parental consent and involvement.
3.3. CogniCam may remove or suspend access for ineligible users.
4. Limited License
4.1. CogniCam grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes.
4.2. CogniCam reserves all rights not expressly granted.
5. Service Rules
5.1. You agree not to:
- 5.1.1. Copy, distribute, or scrape content without authorization;
- 5.1.2. Use automated systems to access Services beyond reasonable limits;
- 5.1.3. Transmit spam or unsolicited communications;
- 5.1.4. Compromise security or overload infrastructure;
- 5.1.5. Upload malicious code;
- 5.1.6. Harvest personal data;
- 5.1.7. Use Services for commercial solicitation;
- 5.1.8. Impersonate others or misrepresent affiliation;
- 5.1.9. Circumvent access controls or content restrictions.
6. Changes to our Services
6.1. CogniCam may modify, suspend, or discontinue Services or features at any time without notice.
6.2. Your access may be terminated for any reason without liability.
7. No Professional Advice
7.1. Information provided is for informational purposes only and not professional advice.
8. Electronic Communications
8.1. By providing contact information, you consent to receive marketing and service messages from CogniCam and third parties.
8.2. You may opt out of marketing messages by contacting support@mycognicam.com or using unsubscribe links; service messages cannot be opted out.
9. Proprietary Rights
9.1. All Services content, including software, text, graphics, and trademarks ("CogniCam Content"), is owned by CogniCam or licensors.
9.2. You may not use CogniCam Content except as expressly permitted in these Terms.
10. Feedback
10.1. By submitting feedback, you grant CogniCam a non-exclusive, royalty-free, perpetual license to use and disclose it.
11. Security
11.1. CogniCam implements security measures but does not guarantee protection against unauthorized access.
11.2. You provide personal information at your own risk.
12. Third-Party Services
12.1. Services may link to third-party sites. You agree to their terms and policies and hold CogniCam harmless for your use of them.
13. Indemnity
13.1. You agree to indemnify CogniCam and affiliates against claims arising from your use of Services or violation of these Terms.
14. No Warranty
14.1. Services are provided "AS IS" and "AS AVAILABLE" without warranties to the fullest extent permitted by law.
15. Limitation of Liability
15.1. CogniCam is not liable for indirect, incidental, or consequential damages, and total liability is capped at $50.00, to the extent permitted by law.
16. Governing Law and Jurisdiction
16.1. These Terms are governed by Delaware law, excluding conflict-of-law rules, and the FAA governs arbitration provisions.
16.2. Jurisdiction for injunctive relief is San Francisco, California.
17. Arbitration
17.1. Disputes are subject to binding arbitration under JAMS rules, with opt-out rights within 30 days of acceptance.
17.2. Arbitration location is your county of residence or San Francisco, unless otherwise agreed.
18. Class Action/Jury Trial Waiver
18.1. All claims must be brought individually, not as class, collective, or representative actions, and jury trial rights are waived.
19. General
19.1. Assignment: You may not assign these Terms; CogniCam may assign.
19.2. Changes: CogniCam will notify material changes via update to the “last updated” date and email or posting.
19.3. Survival: Provisions giving rise to continued obligations survive termination.
19.4. Relationship: No partnership or agency is created.
19.5. Waiver: No waiver is effective unless in writing.
19.6. Entire Agreement: These Terms and any related agreements constitute the entire agreement.