Terms of Use

Cognitiva Systems Inc.
Effective Date: 15 April 2026
Last Updated: 3 October 2026

ACCEPTANCE OF TERMS

By accessing or using CognitivaOS, Intelligence Platform APIs, or any Cognitiva services ("Services"), you agree to these Terms of Use ("Terms"). If you do not agree, do not use our Services.

Binding Agreement: These Terms create a legally binding contract between you and Cognitiva Systems Inc. ("Cognitiva," "we," "us," or "our").

English Version Controls: In disputes, the English version governs.

1. SCOPE AND SERVICES

1.1 Services Provided

Cognitiva operates a three-layer platform:

Layer 1 - CognitivaOS (Execution Platform):

• Campaign management and workflow automation
• Approval routing and tracking
• Communication coordination
• Legal platform: contract templates, e-signature and record keeping for contracts between brands or agencies and creators (see Section 4.7)
• Creator verification and disclosure screening (see Section 4.7)
• Payment automation: funds blocked on booking and released to the creator on approval, held and moved by Stripe Connect and other licensed payment providers (see Section 4.7)
• Deliverable management

Layer 2 - Data Infrastructure:

• Data transformation and anonymization
• Dataset creation and structuring
• Data licensing to third parties

Layer 3 - Intelligence Platform (AI APIs):

• Creator matching algorithms
• Payment risk detection
• Campaign success prediction
• Compliance monitoring
• Other ML-powered decision APIs

1.2 Service Availability

Geographic Scope: Services available globally, subject to local law compliance.

Uptime Target: 99.5% uptime for paid subscribers (best effort for free tier).

Maintenance: Scheduled maintenance announced 48 hours in advance.

No Guarantee: Services provided "as is" without availability warranties.

2. ELIGIBILITY

2.1 Age and Capacity

You must:

• Be at least 18 years old (or age of majority in your jurisdiction)
• Have legal capacity to enter contracts
• Not be barred from using Services under applicable law

2.2 Business Authority

If registering for a business:

• You have authority to bind that entity
• Entity is validly existing
• Entity can legally receive Services

2.3 Prohibited Persons

You may NOT use Services if you are:

• Located in sanctioned jurisdictions (Cuba, Iran, North Korea, Syria, Crimea)
• On OFAC, UN, or EU sanctions lists
• Subject to export control restrictions
• Operating in violation of anti-money laundering laws

3. ACCOUNT REGISTRATION

3.1 Account Creation

Required Information:

• Full name (individual or business)
• Valid business email address
• Company name and type
• Password (strong password required)

Optional Information:

• Phone number
• Business address
• Tax identification number
• Payment information (for paid plans)

3.2 Account Security

You agree to:

• Provide accurate and complete information
• Keep account credentials secure
• Use strong, unique passwords
• Enable multi-factor authentication (MFA) when available
• Notify us immediately of unauthorized access

Your Responsibility: You are responsible for all activity under your account.

3.3 Account Suspension

We may suspend or terminate accounts for:

• Violation of these Terms
• Fraudulent activity or payment disputes
• Security threats or abuse
• Regulatory requirements
• Extended inactivity (3+ years)
• Non-payment of fees

Notice: 30 days notice for non-payment; immediate for fraud/security threats.

Data Retention: 90 days to export data after suspension.

4. PRICING AND PAYMENT

4.1 Service Tiers

CognitivaOS Subscription Plans:

Free Trial:

• Duration: First 3 campaigns OR 30 days (whichever comes first)
• Features: Full platform access
• Limitations: Limited to 3 campaigns
• No credit card required
• No automatic conversion to paid plan

Agency and Brand Plans:

• Pricing: as set out on /pricing and in your order form: seat fees, a per-clearance fee, and a transaction fee on cleared payout volume
• Billing: Monthly in advance

Enterprise Plan:

• Pricing: Custom (contact sales@cognitiva.systems)
• Features: Dedicated support, custom SLA, data residency options
• Minimum: $2,000/month or $20,000/year

4.2 Intelligence Platform API Pricing

Per-Decision Pricing:

• Creator Matching: $0.05 per request
• Payment Risk Detection: $0.10 per analysis
• Campaign Prediction: $0.15 per prediction
• Compliance Scan: $0.08 per scan

Monthly Minimums:

• Pay-as-you-go: No minimum
• Business Plan: $100/month minimum commitment
• Enterprise: Custom commitments

Rate Limits:

• Free tier: 100 requests/day
• Business: 10,000 requests/day
• Enterprise: Custom limits

4.3 Data Licensing

Anonymized Dataset Access:

• Pricing: Custom based on dataset size and scope
• Minimum: $10,000 for enterprise data licensing
• Contact: sales@cognitiva.systems

4.4 Payment Terms

Billing Cycle:

• Subscriptions: Billed monthly in advance
• API usage: Billed monthly in arrears
• Enterprise: Custom billing cycles available

Payment Methods:

• Credit/debit cards (via Stripe)
• ACH/bank transfer (Enterprise only, $2,000+ monthly)
• Wire transfer (annual contracts $20,000+)

Automatic Renewal:

• Monthly subscriptions auto-renew
• Annual subscriptions auto-renew
• Cancel anytime (no penalties)

Late Payments:

• Grace period: 7 days
• Service suspension: 15 days past due
• Account termination: 30 days past due
• Late fee: 1.5% per month (max allowed by law)

4.5 Refund Policy

Free Trial:

• No refund needed (no payment required)

Monthly Subscriptions:

• First 30 days: Full pro-rated refund if unsatisfied
• After 30 days: No refunds for unused time
• Cancellation: Effective at end of current billing cycle

Annual Subscriptions:

• First 30 days: Full refund if unsatisfied
• After 30 days: Pro-rated refund of unused months (minus 15% discount received)

API Usage:

• No refunds for completed API requests
• Billing disputes: Contact billing@cognitiva.systems within 30 days

Enterprise Contracts:

• Custom refund terms in contract
• Generally non-refundable after 30 days

4.6 Price Changes

Notification:

• 60 days advance notice for price increases
• Email notification to account holder
• Prominent in-app notice

Grandfathering:

• Current plan rate locked for remainder of billing cycle
• Annual contracts: Locked for contract term
• Can downgrade or cancel before increase takes effect

Price Decreases:

• Applied immediately to all users
• No notice required

4.7 Our Role in Creator Contracts and Payments

Contracts are between you and the creator:

• When you (a brand or an agency) book a creator through CognitivaOS, you and the creator (or the creator's business) sign the contract directly on the platform. That contract is between you and the creator. Cognitiva is not a party to it.
• If you are an agency, you are responsible for making clear on the platform whether you sign in your own name or for a named brand, and for having the authority to do so.
• CognitivaOS provides contract templates, e-signature and a record of the signed contract, approvals and payments. The templates are provided as a tool: you and the creator choose and complete the terms and are responsible for whether they suit your campaign. Templates are not legal advice, and using them does not make Cognitiva your lawyer or the creator's.

Compliance and monitoring:

• Before a creator can be booked or paid, CognitivaOS verifies the creator's identity and business entity and screens them against sanctions lists.
• CognitivaOS screens posted deliverables for advertising disclosure against the standards of the relevant market and flags issues to you and the creator. Screening supports, but does not replace, your and the creator's own responsibility for compliant content and disclosure.
• CognitivaOS collects the creator's tax information and applies the tax handling set for the creator's country to payouts made through the platform.

Blocked funds and automatic release:

• When you book a job, the agreed fee is collected from you and blocked with our payment provider for that job.
• When the deliverable is approved on the platform and the job is complete, the blocked funds are released to the creator automatically.
• While an approval is pending or disputed, the funds stay blocked in line with the platform's dispute flow.
• Funds are held and moved by Stripe (through Stripe Connect) and other licensed payment providers, not by Cognitiva itself.
• Cognitiva is not a bank or a deposit-taking institution, and funds held by our payment providers are not deposits with Cognitiva.

Claims between you and the creator: Disputes and claims about the contract, the deliverables or the content are between you and the creator. Cognitiva does not indemnify you against claims by creators and does not bear their cost. Cognitiva's role is limited to the platform, compliance checks and payment automation described in this section, and our liability for them is subject to Section 11.

Payment providers' terms: Where a payment provider requires it, you or the creator agree to that provider's terms (for Stripe, the Stripe Connected Account Agreement and Services Agreement) when providing payment information. Stripe's privacy policy: https://stripe.com/privacy

Provider holds and checks: Payment providers may hold, delay or review payments to meet their own regulatory obligations (for example, verification or fraud checks). We will tell you when a hold affects a campaign and work with the provider to resolve it.

5. INTELLECTUAL PROPERTY

5.1 Cognitiva's IP

We Own:

• CognitivaOS platform code and design
• Intelligence Platform algorithms and models
• Anonymization methodologies
• Brand assets (trademarks, logos)
• Documentation and training materials
• Anonymized derivative datasets

Your Rights:

• Limited license to use Services during subscription
• No ownership transfer
• No source code access
• No reverse engineering

5.2 Client Data Ownership

You Own:

• All raw campaign data you input to CognitivaOS
• Original content, messages, files you upload
• Your branding and intellectual property

We Own:

• Anonymized derivatives we create from your data (per Section 5.4)
• Platform-generated metadata
• System logs and analytics
• AI model outputs (you receive license to use)

5.3 User-Generated Content

Content You Submit:

• Campaign briefs, messages, deliverables
• Support tickets, feedback, suggestions
• Profile information

License Grant to Us: You grant Cognitiva:

• Non-exclusive, worldwide, royalty-free license
• To host, store, process content as necessary for Services
• To create anonymized derivatives (per Section 5.4)
• To display content to authorized workspace members

Restrictions:

• We do NOT claim ownership of your content
• License terminates when you delete content (except anonymized derivatives)
• We cannot use your confidential content for marketing without permission

5.4 Data Transformation and Anonymization

Critical IP Provision:

Raw Data Ownership: You retain full ownership of raw campaign data in your CognitivaOS workspace.

Anonymized Data Ownership: When you authorize data export for anonymization:

✓ We Own: All anonymized, transformed derivatives we create ✓ We Own: Datasets we compile from anonymized data ✓ We Own: Statistical models trained on anonymized data ✓ We Own: Aggregated insights and benchmarks

Rights You Grant: By using CognitivaOS and authorizing data export, you grant us:

1. Right to Anonymize: Transform your raw data per Privacy Policy Section 8
2. Right to Commercialize: License anonymized datasets to third parties
3. Right to Train AI: Use anonymized data to develop ML models
4. Right to Retain: Keep anonymized derivatives indefinitely

Rights You Retain: ✓ Ownership of raw data ✓ Right to opt-out of future data export ✓ Right to request dataset exclusion (future contributions only)

Cannot Recall: Once data is anonymized and distributed, it cannot be recalled or "un-anonymized." Anonymization is irreversible.

5.5 AI Model Outputs

API Results:

• You receive a perpetual, non-exclusive license to AI-generated insights
• Cognitiva retains ownership of underlying models
• You may use outputs for internal business purposes
• You may NOT reverse engineer models from outputs
• You may NOT create competing AI services using outputs

Model Improvement:

• API usage patterns may inform model improvements
• Feedback on accuracy helps train models
• Aggregate (non-identified) output data may be analyzed

5.6 Feedback and Suggestions

Voluntary Feedback: If you provide ideas, suggestions, or feedback:

• Cognitiva may use freely without compensation
• No confidentiality obligation unless separate NDA signed
• No IP rights created in Cognitiva's favor

How to Protect Your IP:

• Do NOT share confidential inventions as "feedback"
• Execute NDA before disclosing trade secrets
• Submit inventions through proper IP channels

6. ACCEPTABLE USE

6.1 Permitted Uses

You may use Services to: ✓ Manage legitimate influencer/creator campaigns ✓ Coordinate marketing workflows ✓ Process campaign-related communications ✓ Analyze campaign performance ✓ Integrate with other business tools via API

6.2 Prohibited Uses

You may NOT:

Illegal Activities: ✗ Violate any applicable laws or regulations ✗ Facilitate illegal goods or services ✗ Money laundering or terrorist financing ✗ Fraud, deception, or misrepresentation ✗ Violation of export controls or sanctions

Abuse and Harm: ✗ Harass, threaten, or harm others ✗ Distribute malware or viruses ✗ Phishing or social engineering attacks ✗ Child exploitation or abuse ✗ Non-consensual intimate imagery

Content Violations: ✗ Spam or unsolicited commercial messages ✗ Hate speech or incitement to violence ✗ Impersonation of others ✗ Intellectual property infringement ✗ Disclosure of private information without consent

System Abuse: ✗ Attempt to breach security measures ✗ Reverse engineer platform code ✗ Automated scraping or data harvesting ✗ Denial of service attacks ✗ Exceed API rate limits intentionally ✗ Create multiple accounts to circumvent limits

Competitive Misuse: ✗ Benchmark against Services for competitive product ✗ Resell Services without authorization ✗ White-label Services without license ✗ Use Intelligence Platform to build competing AI service

6.3 Enforcement

Violation Response:

• Warning (first offense, minor violations)
• Content removal (violating content)
• Feature restriction (API abuse)
• Account suspension (serious violations)
• Account termination (repeated or severe violations)
• Legal action (illegal activity, major harm)

No Refund: Termination for violations forfeits any remaining prepaid fees.

7. SERVICE LEVEL AND SUPPORT

7.1 Uptime Commitment

Target Uptime:

• Paid Plans: 99.5% monthly uptime
• Free Trial: Best effort (no SLA)

Exclusions: Downtime due to:

• Scheduled maintenance (announced 48 hours advance)
• Force majeure events
• Third-party service failures (Stripe, AWS, etc.)
• Your internet/device issues
• DDoS attacks or security incidents

Remedy:

• Enterprise only: Service credits per contract
• Other plans: No compensation for downtime

7.2 Support Levels

Free Trial:

• Email support only
• Response time: 5 business days
• No phone or chat support

Agency Plan:

• Email and in-app support
• Response time: 2 business days
• Priority ticket queue

Enterprise:

• Dedicated account manager
• Response time: 4 business hours
• Phone and video call support
• Quarterly business reviews

Support Channels:

• Email: support@cognitiva.systems
• In-app: Help widget (paid plans)
• Knowledge base: docs.cognitiva.systems

8. DATA PROCESSING AND PRIVACY

8.1 Privacy Policy

Our Privacy Policy explains how we collect and use personal data. It is a notice, not part of what you agree to in these Terms.

Read the Privacy Policy: cognitivasystems.com/legal/privacy-policy

Key Points:

• We act as data processor for your campaign data
• We act as controller for anonymized derivatives
• We license anonymized data to third parties (this funds competitive pricing)
• You can opt-out of data contributions (may limit features)

8.2 Data Processing Agreement (DPA)

Enterprise Clients: Separate Data Processing Agreement governs our processor role.

Request DPA: dpa@cognitiva.systems

Standard Clauses:

• EU Standard Contractual Clauses (SCCs)
• UK International Data Transfer Addendum
• CCPA Service Provider provisions

8.3 Data Security

Your Responsibilities:

• Keep account credentials secure
• Enable MFA
• Promptly report security incidents
• Ensure authorized users only

Our Responsibilities:

• Encryption in transit (TLS 1.3)
• Encryption at rest (AES-256)
• Regular security audits
• Incident response procedures

Breach Notification: We notify you within 48 hours of discovering a security breach affecting your data.

8.4 Data Portability

Export Options:

• Campaign data: JSON, CSV export via API
• Messages: Standard export formats
• Reports: PDF, XLSX download

Timing:

• On-demand export anytime while account active
• 90-day grace period after account termination

Format: Machine-readable, structured formats compatible with other platforms.

9. THIRD-PARTY SERVICES

9.1 Payment Providers

See Section 4.7 for our role in creator contracts and payments, and how funds are held and moved by Stripe Connect and other licensed payment providers.

9.2 Other Integrations

Available Integrations:

• Google Workspace
• Slack
• Salesforce
• And others (see integrations page)

Integration Terms:

• You separately agree to third-party terms
• Cognitiva not responsible for third-party failures
• Integration access may be revoked by third party

9.3 API Clients

If You Integrate Cognitiva APIs:

• You must have valid API credentials
• Rate limits apply
• You are responsible for your end users
• No transfer or sale of API access without permission

10. WARRANTIES AND DISCLAIMERS

10.1 Limited Warranty

We Warrant:

• Services will substantially conform to documentation
• We have rights to provide Services
• Services will comply with applicable laws

Remedy: If we breach warranty:

1. We will attempt to fix issue within 30 days
2. If unfixable, you may terminate and receive pro-rated refund

Warranty Period: 90 days from first use of each Service.

10.2 DISCLAIMER OF WARRANTIES

SERVICES PROVIDED "AS IS":

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR LIMITED WARRANTY ABOVE:

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

✗ MERCHANTABILITY ✗ FITNESS FOR PARTICULAR PURPOSE ✗ NON-INFRINGEMENT ✗ ACCURACY OR COMPLETENESS OF RESULTS ✗ ERROR-FREE OR UNINTERRUPTED OPERATION ✗ SECURITY (though we implement measures)

INTELLIGENCE PLATFORM SPECIFICALLY:

✗ AI predictions are NOT guaranteed accurate ✗ Creator matching scores are guidance, not certainty ✗ Risk detection may have false positives/negatives ✗ No warranty that AI prevents all payment disputes ✗ Models improve over time; accuracy may vary

YOU ASSUME RISK:

• Reliance on Services is at your own risk
• Verify critical information independently
• Maintain backup records

11. LIMITATION OF LIABILITY

11.1 Liability Cap

MAXIMUM LIABILITY:

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO SERVICES IS LIMITED TO:

The greater of: (a) Fees you paid in the 12 months before claim arose, OR (b) $100 USD

This applies regardless of legal theory (contract, tort, negligence, etc.).

11.2 Excluded Damages

WE ARE NOT LIABLE FOR:

✗ Indirect damages ✗ Consequential damages ✗ Incidental damages ✗ Special damages ✗ Punitive damages ✗ Lost profits ✗ Lost revenue ✗ Lost data (you must maintain backups) ✗ Loss of business opportunity ✗ Reputational harm

Even if:

• We were advised of possibility of such damages
• Limited remedies fail of essential purpose

11.3 Exceptions to Limitations

Limitations do NOT apply to:

1. Our Fraud: Intentional misconduct or gross negligence by Cognitiva
2. Your Indemnity: Your obligations to indemnify us (Section 12)
3. Prohibited by Law: Where jurisdiction prohibits limitation
4. Death/Personal Injury: Caused by our negligence

11.4 Third-Party Claims

Stripe and Other Services:

We are NOT liable for:

• Claims between you and a creator under a contract signed on the platform (see Section 4.7)
• Stripe payment processing failures
• Third-party integration failures
• Third-party security breaches
• Third-party terms violations

Direct Relationship: You must pursue claims against third parties directly.

12. INDEMNIFICATION

12.1 Your Indemnity to Us

You agree to indemnify, defend, and hold harmless Cognitiva and our officers, directors, employees, contractors, and agents from:

Claims arising from:

• Your violation of these Terms
• Your violation of applicable laws
• Your content or data
• Your use of Services
• Infringement of third-party rights
• Negligence or willful misconduct

Includes:

• Legal fees and costs
• Settlement amounts
• Judgments
• Regulatory fines (if caused by you)

12.2 Process

Notice: We will notify you promptly of indemnifiable claims.

Control: You may control defense, but:

• We can participate with our own counsel (at our cost)
• You cannot settle without our consent if it admits fault or requires action from us

Cooperation: We will reasonably cooperate with your defense.

12.3 Our Indemnity to You (Enterprise Only)

IP Indemnity:

For Enterprise customers only, we will indemnify you if our Services infringe third-party IP rights.

Conditions:

• Prompt notice of claim
• Control of defense
• Reasonable cooperation

Remedies:

1. Obtain license for you to continue using Services
2. Modify Services to be non-infringing
3. Replace with non-infringing alternative
4. Terminate contract and refund prepaid fees

Exclusions: No indemnity if infringement caused by:

• Your modifications of Services
• Your combination with other products
• Your use after notice to stop
• Your content or data

13. TERM AND TERMINATION

13.1 Term

Agreement Term:

• Begins: When you first use Services
• Continues: Until terminated by either party

Subscription Term:

• Monthly: Month-to-month
• Annual: One-year term, auto-renews
• Enterprise: Per contract

13.2 Termination by You

How to Terminate:

• Cancel in account settings
• Email cancel@cognitiva.systems
• Notice: Effective at end of current billing cycle

Effect:

• Access continues through paid period
• No refund for unused time (except as in Section 4.5)
• Data export available for 90 days post-termination

13.3 Termination by Us

For Cause (Immediate):

• Material breach of Terms
• Fraud or illegal activity
• Security threat
• Non-payment (30 days past due)
• Repeated abuse after warnings

Without Cause (30 Days Notice):

• We may discontinue Services
• You receive pro-rated refund
• 90-day data export grace period

13.4 Effect of Termination

Upon Termination:

You Lose: ✗ Access to Services ✗ All workspace data (after grace period) ✗ API access credentials ✗ Support entitlements

You Keep: ✓ Exported data (if exported during grace period) ✓ License to AI outputs you received while subscribed ✓ Ownership of your original content

We Keep: ✓ Anonymized datasets already created ✓ Right to license anonymized data ✓ Payment records (legal retention) ✓ Aggregated analytics

Survival: These sections survive termination:

• Intellectual Property (Section 5)
• Disclaimers (Section 10)
• Limitation of Liability (Section 11)
• Indemnification (Section 12)
• Dispute Resolution (Section 14)

14. DISPUTE RESOLUTION

14.1 Informal Resolution

Before Legal Action: Contact us at legal@cognitiva.systems to attempt informal resolution.

Timeframe: We'll respond within 15 business days and attempt good-faith resolution within 60 days.

14.2 Binding Arbitration (U.S. Users)

Agreement to Arbitrate:

U.S.-based users agree to resolve disputes through binding arbitration, NOT court litigation (except as noted).

Arbitration Rules:

• Provider: American Arbitration Association (AAA)
• Rules: AAA Commercial Arbitration Rules
• Location: Houston, Texas or your location (your choice)
• Language: English
• One arbitrator (mutually selected or AAA-appointed)

Costs:

• We pay AAA filing fees
• Each party pays own attorney fees (unless applicable law requires otherwise)
• Arbitrator may award fees to prevailing party

Exceptions to Arbitration: You may bring claims in small claims court if claim qualifies.

14.3 Class Action Waiver

NO CLASS ACTIONS:

You agree to bring claims individually, not as part of class, collective, or representative action.

No Class Arbitration: Arbitrator may not consolidate claims or conduct class arbitration.

Opt-Out: You may opt out of class action waiver by notifying us in writing within 30 days of first use at legal@cognitiva.systems with "Class Action Waiver Opt-Out" subject line.

14.4 Non-U.S. Users

Governing Law: Texas law governs (excluding conflicts of law rules).

Jurisdiction: The state and federal courts located in Harris County, Texas have exclusive jurisdiction.

Exception: Mandatory consumer protection laws of your jurisdiction may apply.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, Privacy Policy, and any referenced agreements constitute the entire agreement.

Supersedes: All prior agreements, proposals, or representations (written or oral).

Order of Precedence:

1. Enterprise written contract (if any)
2. These Terms of Use
3. Privacy Policy
4. Other referenced policies

15.2 Amendments

How We Update:

• Post updated Terms on website
• Notify via email (for material changes)
• Update "Last Updated" date

Advance Notice:

• 30 days for material changes
• Effective immediately for clarifications or legal compliance

Continued Use: Using Services after effective date constitutes acceptance.

Objection: If you object, discontinue use before effective date.

15.3 Assignment

You: You may NOT assign these Terms without our written consent.

Us: We may assign to:

• Affiliated entities
• Successor in merger/acquisition
• Purchaser of assets

Notice: We'll notify you of assignment.

15.4 Severability

If any provision is unenforceable:

• That provision is modified to minimum extent necessary to make it enforceable
• Remaining provisions remain in full force

15.5 Waiver

No Implied Waiver: Our failure to enforce any right or provision does not waive future enforcement.

Written Waiver: Waivers must be in writing and signed.

15.6 Force Majeure

We are not liable for failure to perform due to:

• Natural disasters
• War, terrorism, civil unrest
• Government actions
• Internet or utility failures
• Pandemics
• Other events beyond reasonable control

Notification: We'll notify you and attempt to mitigate impact.

15.7 Relationship

Independent Contractors: You and Cognitiva are independent contractors, not partners, joint venturers, or employer/employee.

No Agency: Neither party can bind the other or incur obligations on other's behalf.

15.8 Export Control

Compliance Required: You must comply with U.S. export laws and your local export laws.

Prohibited Use: Services may not be exported to:

• Sanctioned countries or entities
• Denied parties lists
• For prohibited end uses (weapons development, etc.)

Your Certification: You certify you are not in prohibited jurisdiction or on denied party list.

15.9 U.S. Government Rights

Restricted Rights:

If you are U.S. Government:

• Services are "Commercial Computer Software"
• Rights limited to those granted to public under these Terms
• FAR 52.227-19 and DFARS 227.7202 apply

15.10 Contact Information

Phone: +1 302-217-6601
General: contact@cognitiva.systems Support: support@cognitiva.systems Legal: legal@cognitiva.systems Privacy: privacy@cognitiva.systems Security: security@cognitiva.systems

16. SPECIFIC SERVICE TERMS

16.1 Intelligence Platform API

Additional Terms for API Users:

Rate Limits:

• Respect published rate limits
• Excessive requests may be throttled
• Abuse may result in temporary suspension

Attribution:

• Clearly display "Powered by Cognitiva Intelligence" when showing scores/predictions to end users

No Circumvention:

• Do not create caching layers to avoid per-request pricing
• Do not batch requests to circumvent limits

Model Updates:

• Models may be updated without notice
• Accuracy may improve or change
• No warranty of consistency across updates

16.2 Data Licensing

Additional Terms for Data Licensees:

Separate Agreement: Dataset licensing requires separate Data Licensing Agreement.

These Terms Apply: To extent not superseded by Data Licensing Agreement.

ACCEPTANCE

BY CLICKING "I ACCEPT," CREATING AN ACCOUNT, OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

Effective Date: 15 April 2026 Version: 2.0 Last Updated: 3 October 2026

END OF TERMS OF USE