{"platform":"Devin (Cognition AI)","slug":"devin","category":"Developer / Coding","website":"https://cognition.ai","risk_rating":"medium","verification":"fully_verified","corpus_status":"corpus_complete","canonical":"https://aipolicycompare.com/platform/devin","machine_url":"https://aipolicycompare.com/api/machine/platform/devin","findings_count":77,"findings":[{"surface":"prompt_ownership","risk":"high","confidence":"medium","tier":"Enterprise","verified":true,"quote":"Upon request by Licensor, you and Authorized Users may report to Licensor, and reasonably assist Licensor in connection with correcting any errors, problems, or defects in the Services you discover. In addition, if you or any Authorized Users send or transmit any communications or materials to Licensor by mail, email, telephone, or otherwise, suggesting or recommending changes to the Licensor IP, including new features or functionality relating thereto, or any comments, questions, suggestions, or similar feedback (collectively with any error, problem or defect reports submitted by you and Authorized Users in accordance hereto, “Feedback”), Licensor is free to use such Feedback irrespective of any other obligation or limitation governing such Feedback. You hereby grant to Licensor a perpetual, irrevocable, worldwide license to use any Feedback without compensation, without any obligation to report on such use, and without any other restriction. The rights granted in the previous sentence include the right to exploit Feedback in any and every way, as well as the right to grant sublicenses under copyright, patent, and any other form of intellectual property.","caution":"The Feedback license is perpetual, irrevocable, worldwide, royalty-free, sublicensable, and covers all forms of IP including patents. Any communication suggesting changes — even informal ones — triggers this broad assignment-equivalent license.","provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=Upon%20request%20by%20Licensor%2C,form%20of%20intellectual%20property.","char_start":12352,"char_end":13525}},{"surface":"prompt_ownership","risk":"medium","confidence":"low","tier":"Enterprise","verified":true,"quote":"By using the Services, you hereby grant to Licensor, its affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, transferable license to reproduce, distribute, modify, and otherwise use, display, and perform all acts with respect to the Customer Data as may be necessary for Licensor to provide the Services to you or as otherwise permitted under this Agreement.","caution":"The license grant to Customer Data (which includes Inputs/prompts) is broad in scope — sublicensable and transferable — though ostensibly limited to providing the Services. The 'as otherwise permitted under this Agreement' carve-out introduces ambiguity about the true scope.","provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=By%20using%20the%20Services%2C,permitted%20under%20this%20Agreement.","char_start":10284,"char_end":10695}},{"surface":"prompt_ownership","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 1.7 Input: means the prompts, inputs, and other materials that you or your Authorized Users upload, submit, or otherwise make available to the Services.\n 1.8 Licensor IP: means the Services, Documentation, and all other technology, including software and other works of authorship, graphical user interfaces, workflows, products, processes and algorithms, data, know-how and trade secrets, designs, techniques, inventions and other tangible or intangible technical material or information provided by or on behalf of Licensor in connection with the foregoing, whether created, developed, or reduced to practice as part of the provision of the Services or otherwise, and all improvements, enhancements, modifications, and derivative works of any of the foregoing, in each case, together with all intellectual property rights therein. For the avoidance of doubt, Licensor IP does not include Customer Data.\n 1.9 Order Form: means an order that describes the Services, is executed by the parties, and references this Master Services Agreement.\n 1.10 Output: means the outputs generated and returned by the Services based on the Inputs you or your Authorized Users provide.\n 1.11 Privacy Policy: means Licensor's Privacy Policy as posted on Licensor's website.\n 1.12 Services: means the current version of the software and services listed in an Order Form as of the effective date of the Order Form, together with any updates provided to Customer during the Term. ","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%201.7%20Input%3A%20means,during%20the%20Term.%20","char_start":2251,"char_end":3722}},{"surface":"prompt_ownership","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 1.1 Cognition IP: means the Services, Documentation, and all other technology, including software and other works of authorship, graphical user interfaces, workflows, products, processes and algorithms, data, know-how and trade secrets, designs, techniques, inventions and other tangible or intangible technical material or information provided by or on behalf of Cognition in connection with the foregoing, whether created, developed, or reduced to practice as part of the provision of the Services or otherwise, and all improvements, enhancements, modifications, and derivative works of any of the foregoing, in each case, together with all intellectual property rights therein. For the avoidance of doubt, Cognition IP does not include Customer Data.\n 1.2 Customer Data: means (i) information, data, Inputs, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by you or on your behalf or your Authorized User's behalf through the Services; and (ii) data that is generated and made available to you by the Services through use of such data, including Outputs. Customer Data expressly excludes: (i) any content owned by or licensed to Cognition; and (ii) Usage Data.\n 1.3 Documentation: means Cognition's user manuals, handbooks, and guides and other training and supporting materials relating to the Services, which may be provided by Cognition to you either electronically or in hard copy form.\n","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%201.1%20Cognition%20IP%3A,hard%20copy%20form.%20","char_start":1659,"char_end":3110}},{"surface":"prompt_ownership","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"You hereby assign to Cognition, on behalf of itself and its employees, contractors and agents, all right, title, and interest in, and Cognition is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever. For the avoidance of doubt, Cognition is not required to use any Feedback. All such Feedback is deemed to be Cognition's Confidential Information.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=You%20hereby%20assign%20to,be%20Cognition%26%23x27%3Bs%20Confidential%20Information.","char_start":10271,"char_end":10772}},{"surface":"output_ownership","risk":"low","confidence":"high","tier":"Enterprise","verified":true,"quote":"As between the parties hereto, you own all right, title, and interest, including all intellectual property rights, in and to Customer Data, including Outputs, to the fullest extent permitted by applicable law. Licensor does not represent or warrant that Output will not be similar to or the same as output provided to other customers.","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=As%20between%20the%20parties,provided%20to%20other%20customers.","char_start":9935,"char_end":10269}},{"surface":"output_ownership","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 3.1 Ownership: Licensor owns all right, title, and interest, including all intellectual property rights, in and to the Services and Licensor IP, and reserves all rights not expressly granted to you in this Agreement. As between the parties hereto, you own all right, title, and interest, including all intellectual property rights, in and to Customer Data, including Outputs, to the fullest extent permitted by applicable law. Licensor does not represent or warrant that Output will not be similar to or the same as output provided to other customers.\n 3.2 License: By using the Services, you hereby grant to Licensor, its affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, transferable license to reproduce, distribute, modify, and otherwise use, display, and perform all acts with respect to the Customer Data as may be necessary for Licensor to provide the Services to you or as otherwise permitted under this Agreement. You hereby represent and warrant that: (i) you have all necessary rights, consents and permissions to grant Licensor the license set forth in this section 3, and to allow Licensor to exercise its rights under such license without infringement of the intellectual property rights, privacy rights, rights of publicity, moral rights, or other proprietary rights of any third party; and (ii) Licensor's receipt and processing of Customer Data in accordance with this Agreement does not and will not violate any applicable laws or regulations.\n","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%203.1%20Ownership%3A%20Licensor,laws%20or%20regulations.%20","char_start":9717,"char_end":11240}},{"surface":"output_ownership","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 1.4 Input: means the prompts and inputs provided by you or your Authorized Users to the Services.\n 1.5 Output: means the outputs generated and returned by the Services based on the Inputs you or your Authorized Users provide.\n 1.6 Usage Data: means the anonymized and aggregated data regarding the manner in which you or your Authorized Users interact with the Services. For avoidance of doubt, Usage Data will not be linkable to you, and will not include any confidential information.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%201.4%20Input%3A%20means,include%20any%20confidential%20information.","char_start":3110,"char_end":3596}},{"surface":"output_ownership","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 3.1 Ownership: Cognition owns all right, title, and interest, including all intellectual property rights, in and to the Services, Documentation, and Cognition IP, and reserves all rights not expressly granted to you in this Agreement. You own all right, title, and interest, including all intellectual property rights, in and to Customer Data, including Outputs to the fullest extent permitted by applicable law.\n 3.2 License: By using the Services, you hereby grant to Cognition, its affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid, sublicensable (solely for the purposes of providing the Services to you), transferable license to reproduce, distribute, modify, and otherwise use, display, and perform all acts with respect to the Customer Data as may be necessary for Cognition to provide the Services to you. You hereby represent and warrant that: (i) you have all necessary rights to grant Cognition the license set forth in this section, and to allow Cognition to exercise its rights under such license without infringement of the rights of any third party, including privacy rights; and (ii) Cognition's receipt and processing of Customer Data in accordance with this Agreement does not and will not violate any applicable laws or regulations.\n 3.3 Data Usage and Rights: \n 3.3.1 Use of Customer Data: Any Customer Data that you submit, upload, or otherwise post to the Services will not be used for model training purposes unless you opt-in to allow Cognition to use such Customer Data to improve and enhance the Services. ","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%203.1%20Ownership%3A%20Cognition,enhance%20the%20Services.%20","char_start":7139,"char_end":8716}},{"surface":"training_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"You hereby grant to Licensor a perpetual, irrevocable, worldwide license to use any Feedback without compensation, without any obligation to report on such use, and without any other restriction. The rights granted in the previous sentence include the right to exploit Feedback in any and every way, as well as the right to grant sublicenses under copyright, patent, and any other form of intellectual property. Notwithstanding Section 6, Feedback will not be considered Customer's Confidential Information. For the avoidance of doubt, Customer is not required to provide any Feedback nor is Licensor required to use any Feedback.","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=You%20hereby%20grant%20to,to%20use%20any%20Feedback.","char_start":13114,"char_end":13749}},{"surface":"training_use","risk":"low","confidence":"high","tier":"Enterprise","verified":true,"quote":"Licensor will not use, or permit any third party to use, any Customer Data to train or otherwise optimize any artificial intelligence model without your express prior written consent. With Customer's prior written consent, Licensor may use Customer Data to fine tune or optimize the Services exclusively for use by Customer. For clarity, Licensor may utilize Usage Data for internal analytics and business purposes, including to extract generalized insights or patterns derived from Usage Data for the purpose of improving the Services' performance or functionality generally.","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=Licensor%20will%20not%20use%2C,performance%20or%20functionality%20generally.","char_start":11267,"char_end":11853}},{"surface":"training_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 3.3 Use of Customer Data: Licensor will not use, or permit any third party to use, any Customer Data to train or otherwise optimize any artificial intelligence model without your express prior written consent. With Customer's prior written consent, Licensor may use Customer Data to fine tune or optimize the Services exclusively for use by Customer. For clarity, Licensor may utilize Usage Data for internal analytics and business purposes, including to extract generalized insights or patterns derived from Usage Data for the purpose of improving the Services' performance or functionality generally.\n 3.4 Marketing: You hereby grant Licensor the non-exclusive right to use your name, logo, and trademarks in connection with Licensor's promotional activities, including displaying your name, logo, or trademark on Licensor's website and marketing materials. Additionally, subject to your prior written consent and mutual agreement on timeline, you will participate in a written case study at Licensor's request, detailing the collaboration and outcomes of the project.\n 3.5 Feedback: Upon request by Licensor, you and Authorized Users may report to Licensor, and reasonably assist Licensor in connection with correcting any errors, problems, or defects in the Services you discover. In addition, if you or any Authorized Users send or transmit any communications or materials to Licensor by mail, email, telephone, or otherwise, suggesting or recommending changes to the Licensor IP, including new features or functionality relating thereto, or any comments, questions, suggestions, or similar feedback (collectively with any error, problem or defect reports submitted by you and Authorized Users in accordance hereto, “Feedback”), Licensor is free to use such Feedback","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%203.3%20Use%20of,to%20use%20such%20Feedback","char_start":11240,"char_end":13037}},{"surface":"training_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"The Services include all applicable Documentation but do not include Customer Data.\n 1.13 Term: means the term identified in the Order Form.\n 1.14 Usage Data: means the anonymized and/or aggregated data (or metadata), metrics, logs, or other information about the provision, use, and performance of the Services that does not (i) identify Authorized Users or include their personal information and (ii) include Customer's Confidential Information or Customer Data.","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=The%20Services%20include%20all,Information%20or%20Customer%20Data.","char_start":3722,"char_end":4191}},{"surface":"training_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"If you do not opt-in, Customer Data (with the exception of Usage Data) is not used for any other purpose, including the training of language models.\n 3.3.2 Cognition reserves the right to collect, analyze, and utilize Usage Data for operational, analytical, and improvement purposes.\n 3.4 Marketing: Subject to your prior consent, Cognition may use your name, logo, and trademarks in publicity, including, but not limited to, displaying your name, logo, or trademark on Cognition's website and marketing materials. Additionally, you agree to consider in good faith participating in a written case study at Cognition's request, detailing the collaboration and outcomes of the project, subject to mutual agreement on the content and timeline.\n 3.5 Feedback: Upon request by Cognition, you and Authorized Users will report to Cognition, and reasonably assist Cognition in connection with correcting any errors, problems, or defects in the Services you discover. In addition, if you or any Authorized Users send or transmit any communications or materials to Cognition by mail, email, telephone, or otherwise, suggesting or recommending changes to the Cognition IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or similar feedback (collectively with any error, problem or defect reports submitted by you and Authorized Users in accordance hereto, “Feedback”), Cognition is free to use such Feedback irrespective of any other obligation or limitation governing such Feedback. ","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=If%20you%20do%20not,governing%20such%20Feedback.%20","char_start":8716,"char_end":10271}},{"surface":"commercial_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 2.1 Rights Granted: Subject to your compliance with the terms and conditions of this Agreement, Licensor hereby grants you a non-exclusive, non-sublicensable, non-transferable right to access and use the Services for your internal business purposes only, solely for use by you and your Authorized Users during the Term. Licensor reserves all rights in and to the Services and other Licensor IP that are not expressly granted to you in this Agreement.\n 2.2 Your responsibilities: You and your Authorized Users may be asked to create a user account to access the Services. You are responsible for all uses of the Services that results from your or your Authorized Users' access to or use of the Services, directly or indirectly, whether such access or use is permitted by or is in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for (i) all acts and omissions of Authorized Users, and for any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you; and (ii) safeguarding the confidentiality of all passwords and usernames associated with your account and your Authorized Users' accounts, and for any use or misuse of the Services by anyone using such passwords or usernames, whether or not authorized by you. You agree to use all reasonable efforts to make all Authorized Users aware of the provisions of this Agreement that are applicable to such Authorized User's use of the Services, and you will cause Authorized Users to comply with such provisions.\n","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%202.1%20Rights%20Granted%3A,with%20such%20provisions.%20","char_start":4219,"char_end":5787}},{"surface":"commercial_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 2.3 Restrictions: You may not use the Services for any purposes beyond the scope of the access granted in this Agreement. You may not, at any time, directly or indirectly, and must ensure that your Authorized Users do not: (i) copy, reproduce, modify, translate, or create derivative works of the Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iii) use the Services or the Output to (A) create or develop any products or services that compete with the products or services of Licensor or (B) to train artificial intelligence models, in each case of (A) or (B), except as expressly approved by Licensor in writing; (iv) make the Services available to anyone other than Authorized Users; (v) publicly publish benchmarks or performance information about the Services; (vi) access or use the Services in a manner that violates the AUP; or (vii) use the Services for High-Risk Activities (collectively, the “Use Restrictions”).\n 2.4 Limitations of Outputs: It is your responsibility to evaluate whether Output is appropriate for your use case (including where human review is appropriate) before any use or sharing of any Output. You acknowledge and agree, and are required to notify your Authorized Users, that factual assertions in Output should not be relied upon without independently checking their accuracy.\n","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%202.3%20Restrictions%3A%20You,checking%20their%20accuracy.%20","char_start":5787,"char_end":7254}},{"surface":"commercial_use","risk":"high","confidence":"high","tier":"Enterprise","verified":true,"quote":"You may not, at any time, directly or indirectly, and must ensure that your Authorized Users do not: (i) copy, reproduce, modify, translate, or create derivative works of the Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iii) use the Services or the Output to (A) create or develop any products or services that compete with the products or services of Licensor or (B) to train artificial intelligence models, in each case of (A) or (B), except as expressly approved by Licensor in writing","caution":"Customers are prohibited from using Outputs to build competing products or train AI models. This is a significant commercial restriction that could limit legitimate downstream use cases, particularly for AI-native or platform companies.","provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=You%20may%20not%2C%20at,by%20Licensor%20in%20writing","char_start":5910,"char_end":6557}},{"surface":"commercial_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 2.1 Rights Granted: Subject to your compliance with the terms and conditions of this Agreement, Cognition hereby grants you a non-exclusive, non-sublicensable, non-transferable right to access and use the Services and Documentation for your internal business purposes only, solely for use by you and your Authorized Users during the Term. Cognition reserves all rights not expressly granted to you in and to the Services, Documentation, and Cognition IP.\n 2.2 Your responsibilities: You and your Authorized Users may be asked to create a user account to access the Services and Documentation. You are responsible for all uses of the Services and Documentation that results from your access or use, directly or indirectly, whether such access or use is permitted by or is in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for (i) all acts and omissions of Authorized Users, and for any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you; and (ii) safeguarding the confidentiality of all passwords and usernames associated with your account and your Authorized Users' accounts, and for any use or misuse of the Services by anyone using such passwords or usernames, whether or not authorized by you. You agree to use all reasonable efforts to make all Authorized Users aware of the provisions of this Agreement that are applicable to such Authorized User's use of the Services, and will cause Authorized Users to comply with such provisions.\n","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%202.1%20Rights%20Granted%3A,with%20such%20provisions.%20","char_start":3624,"char_end":5178}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 4.1 Data Security: Where Licensor has access to Customer Data, Licensor will implement and maintain commercially reasonable safeguards designed to protect Customer Data against security breaches. You will be responsible for routinely backing up Customer Data, and Licensor has no obligation or liability for any loss, alteration, destruction, damage, corruption, or recovery of Customer Data.\n 4.2 Customer Obligations: You represent and warrant that all Customer Data has been collected and disclosed to Licensor in compliance with applicable law, including with respect to any obligation to provide notice to and/or obtain consent from Authorized Users and other individuals, and that you have and will continue to make any necessary filings with data protection authorities, and comply with any request made under laws applicable to Customer from Authorized Users or authorities to access, rectify, delete or otherwise in relation to Customer Data.\n 4.3 Personal Data: Other than account information of Authorized Users, which Licensor processes according to its Privacy Policy and applicable data protection laws, you acknowledge that the Services are not designed to process data defined as “personal data”, “personal information” or similar terms under applicable data protection laws on your behalf. You agree not to share with us or otherwise process any protected health information. You further agree not to share with us or otherwise process any other categories of sensitive personal data such as social security numbers, birth dates, passport information, bank account, and credit card numbers in using the Services.","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%204.1%20Data%20Security%3A,in%20using%20the%20Services.","char_start":13783,"char_end":15413}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"Legitimate Interests — specifically, our interest in ensuring you have the best use of the Services \n To promote safety, security, and integrity of our Services Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us Legitimate Interests — specifically, our interest in ensuring and maintain the effective operations and delivery of the Services \n To comply with legal and regulatory obligations. We may access, read, preserve, and disclose information when we believe it is reasonably necessary to comply with law, legal obligations, regulations, law enforcement, governmental, and other legal requests, court orders, or for disclosure to tax authorities Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us To comply with our legal obligations. Legitimate Interests — specifically, our interest in complying with legal obligations, requests and our corporate responsibilities where we operate \n To customize your experience with our Services and otherwise improve our Services including, depending on the terms that apply to your use of the Services, using User Content to train, fine tune and improve the models that power our Services. Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, and User Content Legitimate Interests — specifically, it is in our interest to understand how you interact with the Services in order to customize and/or improve our products and Services, and the models that power our Services, and enable accurate and reliable reporting \n Where not otherwise required by law, and depending on the","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=Legitimate%20Interests%20%E2%80%94%20specifically%2C,and%20depending%20on%20the","char_start":4392,"char_end":6179}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" We use your personal information to deliver, personalize, operate, improve, create, and develop our Services, to provide you with a secure, smooth, efficient and customized experience as you use our Services, and for legal compliance, and loss prevention. We only use your account password to create and maintain your account and to provide you with the Services. Learn more about how we use your personal information and our legal basis for each such use case below.\n Why and how we use your information Information categories used Legal basis of processing (where applicable) \n To create and maintain your account Basic Information and Account Information Necessary to perform our contract with you \n To provide you with Services Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us Necessary to perform our contract with you \n To provide customer support Basic Information, Account Information, Communications, Services usage data (including location information), App, browser, and device information We rely on our legitimate interests or those of third parties (like other users and in some cases, the general public) where they are not outweighed by your rights and freedoms. In the EEA and UK, you have the right to object to, and seek restrictions of this processing (“Legitimate Interests”) — specifically, our interest in being responsive to your requests and ensuring you have the best use of the Services \n To send Service communications Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us Necessary to perform our contract with you. ","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20use%20your,contract%20with%20you.%20","char_start":2639,"char_end":4392}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" This Privacy Policy explains how Cognition AI, Inc (“ we ”, “ our ” or “ us ”) collect, use, disclose, and safeguard your information when you use visit our website (www.cognition.ai), our software-as-a-service offerings that we make available to individuals and enterprise customers (e.g., Devin and Windsurf), along with any associated software, apps and websites (collectively, the “ Services ”).\n It is important that you understand how we use your information. You should read this page in full, but below are key highlights and some helpful links:\n Our goal is to simplify your experience. If you do not wish for your personal information to be collected, used, or disclosed as described in this Privacy Policy, or you are under 18 years of age, you should stop accessing our Services.\n We collect and use your information in order to provide and improve our Services and your experience, protect the security and integrity of our platform, and meet our legal obligations. To learn more, explore Section 1. Information We Collect and Section 2. How We Use Your Information .\n We share your information with trusted third parties and service providers in order to offer our Services, fulfill legal requirements and for the purposes set out more fully below.\n If you have any questions, or to exercise any available rights, please contact us at privacy@cognition.ai .","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20This%20Privacy%20Policy,us%20at%20privacy%40cognition.ai%20.","char_start":88,"char_end":1460}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" We collect, and in the past 12 months have collected, the following personal information about you:","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20collect%2C%20and,personal%20information%20about%20you%3A","char_start":1498,"char_end":1598}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" Contact Information First name, last name, email address, phone number, and company name (if any). \n User Content Any personal information collected when you use our Services, including personal information that may be provided in the input, file uploads, feedback or output. \n Additional information and communications you submit to us Any communications that we exchange, including communications with interfaces such as our chatbots, survey responses, or feedback. \n Account Information Email address, password, GitHub/GitLab or other git provider username. \n Voice input If you use voice features, we process the audio to generate transcriptions or commands. Audio is deleted after transcription unless otherwise stated. ","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20Contact%20Information%20First,unless%20otherwise%20stated.%20","char_start":1643,"char_end":2369}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" Personal information does not include information that has been de-identified, anonymized or aggregated. When data is de-identified or anonymized, we maintain it in that form and do not attempt to re-identify the information.","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20Personal%20information%20does,to%20re-identify%20the%20information.","char_start":2372,"char_end":2598}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" We implement commercially reasonable technical, administrative, and organizational measures intended to protect personal information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, these measures are not a guarantee of absolute security and you acknowledge and accept that your use of our Services is ultimately at your own risk.","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20implement%20commercially,at%20your%20own%20risk.","char_start":11008,"char_end":11407}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" The Services are not intended for children, and we do not knowingly request or collect any personal information from children. As set out in our Terms, users must be at least 18 years old in order to access the Services.","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20The%20Services%20are,to%20access%20the%20Services.","char_start":12222,"char_end":12443}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" We are constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well. We post any changes we make to our Privacy Policy on this page and, where appropriate, we will provide you with reasonable notice of any material changes or as otherwise required by law. The date the Privacy Policy was last updated is identified at the top of this page.","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20are%20constantly,top%20of%20this%20page.","char_start":16299,"char_end":16692}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 4.1 Data Security: Cognition will not disclose Customer Data except in accordance with Cognition's Privacy Policy or as expressly permitted by you or in accordance with this Agreement. Cognition will use commercially reasonable efforts to maintain appropriate safeguards for the protection of Customer Data, and to help ensure the availability of Customer Data following any significant interruption to the Services. You acknowledge and agree, however, that despite the use of commercially reasonable efforts to safeguard Customer Data, transmissions made on or through the Internet may not always be secure, and unauthorized third parties may breach the security of Cognition's or its agents' information systems where Customer Data is stored. Accordingly, Cognition will not be responsible for any breach in security except to the extent the breach is due to Cognition's gross negligence. You will be responsible for routinely backing up Customer Data, and Cognition has no obligation or liability for any loss, alteration, destruction, damage, corruption, or recovery of Customer Data. Cognition retains the right to provide notice of security breaches as necessary to comply with applicable privacy laws, rules, and regulations. In the event of a security breach, you will be responsible for notifying your employees and customers of such breach. You will convey information notices as required by applicable law, gain any necessary consents from Authorized Users, make any necessary filings with data protection authorities, and enforce and comply with any request from Authorized Users or authorities to access, rectify, and/or delete any Customer Data of Authorized Users. ","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%204.1%20Data%20Security%3A,of%20Authorized%20Users.%20","char_start":10806,"char_end":12507}},{"surface":"moderation_enforcement","risk":"medium","confidence":"high","tier":"Enterprise","verified":true,"quote":"We reserve the right to temporarily suspend your access and any Authorized User's access to any portion or all of the Services if, in our sole discretion, we reasonably determine that: (i) there is a creditable risk of harm or liability to Licensor or any Licensor IP, including repeated or material violations of Agreement or the AUP; (ii) your use or any of your Authorized User's use of the Licensor IP disrupts or poses a security risk to Licensor IP or to any third party; (iii) you or your Authorized Users are using the Licensor IP for fraudulent or illegal activities; (iv) it is necessary to do so to comply with, or if otherwise required by, applicable law, including for changes to applicable laws or to comply with new applicable laws that require that Licensor suspend the Services or that otherwise may impose risks of material liability to Licensor or Customer; or (v) you have ceased to continue business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding.","caution":"Suspension is at Licensor's 'sole discretion,' which is a broad enforcement power. The triggers include vague terms like 'creditable risk of harm' to Licensor IP. Prior notice is only required where 'practicable.'","provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=We%20reserve%20the%20right,dissolution%2C%20or%20similar%20proceeding.","char_start":7271,"char_end":8417}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 2.5 Suspension: We reserve the right to temporarily suspend your access and any Authorized User's access to any portion or all of the Services if, in our sole discretion, we reasonably determine that: (i) there is a creditable risk of harm or liability to Licensor or any Licensor IP, including repeated or material violations of Agreement or the AUP; (ii) your use or any of your Authorized User's use of the Licensor IP disrupts or poses a security risk to Licensor IP or to any third party; (iii) you or your Authorized Users are using the Licensor IP for fraudulent or illegal activities; (iv) it is necessary to do so to comply with, or if otherwise required by, applicable law, including for changes to applicable laws or to comply with new applicable laws that require that Licensor suspend the Services or that otherwise may impose risks of material liability to Licensor or Customer; or (v) you have ceased to continue business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding. Where practicable, Licensor will use reasonable efforts to provide Customer with prior notice of the suspension (email sufficing). Licensor will use commercially reasonable efforts to promptly restore Customer's and its Authorized Users' access to the Services once the issue that led to the suspension is resolved.\n","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%202.5%20Suspension%3A%20We,suspension%20is%20resolved.%20","char_start":7254,"char_end":8744}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 2.3 Restrictions: You may not use the Services for any purposes beyond the scope of the access granted in this Agreement. You may not, at any time, directly or indirectly, and must ensure that your Authorized Users do not: (i) copy, reproduce, modify, translate, or create derivative works of the Services or Documentation, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iii) use the Services to create or develop any competing products or services, including to train competing artificial intelligence models except as expressly approved by Cognition in writing; or (iv) make the Services or Documentation available to anyone other than Authorized Users (collectively, “Use Restrictions”).\n 2.4 Suspension: We reserve the right to temporarily suspend your access and any Authorized User's access to any portion or all of the Services if, in our sole discretion, we reasonably determine that: (i) there is a threat or attack on any Cognition IP; (ii) your use or any of your Authorized User's use of the Cognition IP disrupts or poses a security risk to Cognition IP or to any other Cognition customer or vendor; (iii) you or your Authorized Users are using the Cognition IP for fraudulent or illegal activities; (iv) you have ceased to continue business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding.\n","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%202.3%20Restrictions%3A%20You,or%20similar%20proceeding.%20","char_start":5178,"char_end":6807}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 5.1 Accounts and Registration: To access the Services you must register for an account. When registering for an account, you may be required to provide us with information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.\n 5.2 Payment: You are responsible for paying any applicable fees to access or use our Services or certain features of our Services. If you purchase access to our Services or features of our Services, you must provide complete and accurate billing information (“Payment Method”). You agree that we may charge the Payment Method for any applicable fees listed on our Services and any applicable tax. If the fees for these Services or features are specified to be recurring or based on usage, you agree that we may charge these fees and applicable taxes to the Payment Method on a periodic basis. Failure to pay for pay-as-you-go usage or a recurring subscription payment may result in a suspension or termination of the Services, and all outstanding fees due will become due and payable immediately without further action or notice.\n","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%205.1%20Accounts%20and,action%20or%20notice.%20","char_start":13356,"char_end":14828}},{"surface":"data_retention","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"On expiration or termination of this Agreement, the Receiving Party shall promptly return to the Disclosing Party all copies, whether in written, electronic, or other form or media, of the Disclosing Party's Confidential Information, or destroy all such copies and, promptly after the Disclosing Party's written request, certify in writing to the Disclosing Party that such Confidential Information has been destroyed. Each Party's obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five (5) years after the expiration or termination of this Agreement; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.\n 6.3 Required Disclosures: Nothing in this Agreement prohibits either party from making disclosures, including of Customer Data and other Confidential Information, if required by law, subpoena, or court order, provided (if permitted by law) it notifies the other party in advance and cooperates in any effort to obtain confidential treatment for such required disclosure.","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=On%20expiration%20or%20termination,for%20such%20required%20disclosure.","char_start":18748,"char_end":20101}},{"surface":"data_retention","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" We retain your personal information as needed to provide our Service to you, comply with legal obligations, or protect ours or others interests. How long we retain personal information includes considerations such as when the information was collected or created, whether it is necessary in order to continue offering you our Services, whether we are required to hold the information to comply with our legal obligations, or information preservation requirements. We also keep certain information where necessary to protect the safety, security, and integrity of our Services or users.\n In line with these considerations, we delete information that is no longer needed for the above purposes or when you request deletion of your information.","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20retain%20your,deletion%20of%20your%20information.","char_start":11430,"char_end":12172}},{"surface":"data_retention","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 7.1 Term: The term of this Agreement will commence on the first day the subscription is active and continue in effect for the duration stated in the subscription.\n 7.2 Subscription Termination (applicable to Teams customers only): You may terminate your subscription at any time. We may suspend or terminate your access to your subscription at any time without notice to you if we believe that you have breached these Terms, or if we must do so in order to comply with law. If we terminate your access to the subscription due to a violation of these Terms or the law, you will not be entitled to any refund. In addition, if you have a subscription, we may terminate the subscription at any time for any other reason. If we exercise this right and you purchased the subscription via our website, we will refund you, on a pro rata basis, the fees you paid for the remaining portion of your subscription after termination. Upon termination of these Terms or your subscription, we may at our option delete any Customer Data or other data associated with your Account.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%207.1%20Term%3A%20The,associated%20with%20your%20Account.","char_start":17920,"char_end":18984}},{"surface":"tier_differences","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 2.6 Availability: The Services are subject to modification and change, in Licensor's sole discretion. Licensor will use commercially reasonable efforts to provide reasonable advance notice of a material degradation to the Services. For the avoidance of doubt, Licensor makes no guarantees regarding the quality, stability, availability, or reliability of the Services, unless otherwise agreed upon in writing in an Order Form.\n 2.7 Windsurf: For Windsurf Services, Customer Data shall be processed in accordance with the Data Use Guidelines .\n 2.8 Beta Products. If Licensor gives Customer access to a Beta Product, the Beta Product is provided “AS IS” and Section 8.1 (Limited Mutual Warranties) and Section 9 (Indemnification) do not apply to any Beta Products. Customer acknowledges that Beta Products are experimental in nature and may be modified or removed at Licensor's discretion with or without notice.","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%202.6%20Availability%3A%20The,with%20or%20without%20notice.","char_start":8744,"char_end":9666}},{"surface":"tier_differences","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 2.5 Availability: The Services are subject to modification and change, in Cognition's sole discretion. There are no guarantees made with respect to the quality, stability, availability, or reliability of the Services, unless otherwise agreed upon in an applicable Order Form.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%202.5%20Availability%3A%20The,an%20applicable%20Order%20Form.","char_start":6807,"char_end":7088}},{"surface":"indemnity_liability","risk":"medium","confidence":"medium","tier":"Enterprise","verified":true,"quote":"You hereby represent and warrant that: (i) you have all necessary rights, consents and permissions to grant Licensor the license set forth in this section 3, and to allow Licensor to exercise its rights under such license without infringement of the intellectual property rights, privacy rights, rights of publicity, moral rights, or other proprietary rights of any third party; and (ii) Licensor's receipt and processing of Customer Data in accordance with this Agreement does not and will not violate any applicable laws or regulations.","caution":"These representations place broad IP and legal compliance warranties on the customer with respect to Customer Data, which could expose the customer to indemnity obligations if representations are later found to be inaccurate.","provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=You%20hereby%20represent%20and,applicable%20laws%20or%20regulations.","char_start":10696,"char_end":11239}},{"surface":"indemnity_liability","risk":"high","confidence":"high","tier":"Enterprise","verified":true,"quote":"If Licensor gives Customer access to a Beta Product, the Beta Product is provided “AS IS” and Section 8.1 (Limited Mutual Warranties) and Section 9 (Indemnification) do not apply to any Beta Products.","caution":"Beta Products are explicitly excluded from both warranty and indemnification protections. Customers using Beta features have no recourse under the standard warranty or indemnity framework regardless of harm suffered.","provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=If%20Licensor%20gives%20Customer,to%20any%20Beta%20Products.","char_start":9313,"char_end":9513}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 9.1 Licensor Indemnification: Licensor shall defend Customer from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) (“Losses”) incurred by Customer resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Services, or any use of the Services in accordance with this Agreement, infringes or misappropriates such third party's patents, copyrights, or trade secrets, and will indemnify and hold harmless Customer against any damages and costs awarded against Customer (including reasonable attorneys' fees) or agreed in a settlement resulting from the Third-Party Claim, provided that, in each case, Customer (i) promptly notifies Licensor in writing of such Third Party Claim; (ii) cooperates with Licensor in connection with such Third Party Claim; and (iii) allows Licensor sole authority to control the defense and any settlement of such Third Party Claim. If such a Third-Party Claim is made or appears possible, Customer agrees to permit Licensor, at Licensor's sole discretion, to (A) modify or replace the Services, or component or part thereof, to make the Services, or such component or part, as applicable, non-infringing; or (B) obtain the right for Customer to continue use of the Services, or component or part thereof, as applicable. If Licensor determines that neither alternative is reasonably available, Licensor may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Customer. ","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%209.1%20Licensor%20Indemnification%3A,notice%20to%20Customer.%20","char_start":23782,"char_end":25370}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"Notwithstanding the foregoing, this Section 9.1 will not apply, and Licensor shall have no obligation, with respect to any Third-Party Claim arising from or relating to: (1) compliance with Customer specifications; (2) use of the Services in combination with data, software, hardware, equipment, technology or other products or services not supplied or expressly authorized in writing by Licensor; (3) any adaptation or modification of the Services other than by Licensor; (4) Customer Data; or (5) Customer's or any Authorized User's breach of this Agreement.\n 9.2 Customer Indemnification: Customer shall indemnify, hold harmless, and, at Licensor's option, defend Licensor from and against any Losses resulting from any Third-Party Claim (i) that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or misappropriates such third party's intellectual property rights; and (ii) based on Customer's or any Authorized User's (A) negligence or willful misconduct; (B) use of the Services in a manner not authorized by this Agreement; (C) use of the Services in combination with data, software, hardware, equipment, technology or other products or services not supplied or expressly authorized in writing by Licensor; or (D) any adaptation or modification of the Services other than by Licensor, provided, that Customer may not settle any Third-Party Claim against Licensor unless Licensor consents to such settlement, and provided, further, that Licensor will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.\n","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=Notwithstanding%20the%20foregoing%2C%20this,its%20own%20choice.%20","char_start":25370,"char_end":27056}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 9.3 Sole Remedy: THIS SECTION 9 SETS FORTH CUSTOMER'S SOLE REMEDIES AND LICENSOR'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%209.3%20Sole%20Remedy%3A,OF%20ANY%20THIRD%20PARTY.","char_start":27056,"char_end":27343}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"No expiration or termination will affect your obligation to pay all Fees that may have become due before such expiration or termination, or entitle you to any refund. Sections 1 (Definitions), 3.1 (Ownership), 3.5 (Feedback), 6 (Confidentiality), 7.4 (Effect of Termination), 9 (Indemnification), 10 (Limitations of Liability), 11 (Dispute Resolution), and 12 (Miscellaneous) survive any termination or expiration of this Agreement.","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=No%20expiration%20or%20termination,expiration%20of%20this%20Agreement.","char_start":21749,"char_end":22181}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 8.1 Limited Mutual Warranties: Each party represents and warrants that (i) it is a legal entity duly organized or incorporated, validly existing and in good standing under the laws of the state of its organization or incorporation; (ii) it has all requisite corporate or organizational power and authority required to perform hereunder; and (iii) it is duly authorized or qualified to do business and is in good standing in every jurisdiction in which an authorization or qualification is required to perform hereunder.\n 8.2 DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE LICENSOR IP AND SERVICES ARE PROVIDED “AS IS” AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE LICENSOR IP AND SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LICENSOR MAKES NO WARRANTY OF ANY KIND THAT THE LICENSOR IP AND SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, LICENSOR HAS NO LIABILITY FOR ANY USES OF THE SERVICES IN CONNECTION WITH HIGH-RISK ACTIVITIES.","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%208.1%20Limited%20Mutual,CONNECTION%20WITH%20HIGH-RISK%20ACTIVITIES.","char_start":22228,"char_end":23753}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 10.1 Exclusion of Consequential and Related Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES OR CONTRACTORS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.\n 10.2 Liability Limitation: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF EITHER PARTY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES OR CONTRACTORS ARISING OUT OF OR RELATED TO ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT LIABILITY, EXCEED THE TOTAL AMOUNTS PAID TO LICENSOR UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%2010.1%20Exclusion%20of,RISE%20TO%20THE%20CLAIM.","char_start":27382,"char_end":28886}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"Neither party shall be responsible to the other party and neither party has the authority to act for, bind, or incur any debts or liabilities on behalf of the other party.\n 12.4 Third Party Beneficiaries: This Agreement is not intended and shall not be construed to create any rights or benefits upon any person not a party to this Agreement.\n 12.5 Counterparts: This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which shall constitute one and the same instrument.\n 12.6 Waiver; Cumulative Remedies; Severability: No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.\n 12.7 Governing Law: This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York.\n","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=Neither%20party%20shall%20be,of%20New%20York.%20","char_start":31935,"char_end":33418}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 12.8 Assignment: You may not assign any of your rights or delegate any of your obligations hereunder without Licensor's prior written consent. Licensor may assign this Agreement to an affiliate or in the event of a sale of all or substantially all of its stock, assets or business to which this Agreement relates without consent. Any attempted assignment in violation of this section shall be null and void.\n 12.9 Equitable Relief: Each party acknowledges and agrees that a breach or threatened breach by such party of any of its obligations under Section 6 or, in the case of Customer, Section 2.3, would cause the other party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other party will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%2012.8%20Assignment%3A%20You,in%20equity%20or%20otherwise.","char_start":33418,"char_end":34640}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"Customer agrees to indemnify Cognition against any suits, actions, claims, or proceedings arising from an Authorized User, data protection authority, or other third party with regards to these obligations.\n 4.2 Personal Data: If you use the Services to process personal data, you must (i) obtain necessary consents for processing of personal data by the Services and process such personal data in accordance with applicable data protection laws; and (ii) if processing “personal data” or “personal information” as defined under applicable data protection laws, execute Cognition's Data Processing Addendum. You agree not to process any medical information or sensitive personal data such as social security numbers, birth dates, passport information, bank account, and credit card numbers in using the Services.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=Customer%20agrees%20to%20indemnify,in%20using%20the%20Services.","char_start":12507,"char_end":13323}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 5.3 Refund Policy: Except as expressly provided in these Terms or where required by law, all payments are non-refundable.\n 5.4 Disputes: In the event of an invoice dispute, you will deliver a written statement to Cognition no later than 10 business days prior to the date payment is due on the disputed invoice, and provide a detailed description of the disputed item and the disputed amount.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%205.3%20Refund%20Policy%3A,and%20the%20disputed%20amount.","char_start":14828,"char_end":15221}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 8.1 THE COGNITION IP, SERVICES, AND DOCUMENTS ARE PROVIDED “AS IS” AND COGNITION HEREBY DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE COGNITION IP, SERVICES, AND DOCUMENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COGNITION SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COGNITION MAKES NO WARRANTY OF ANY KIND THAT THE COGNITION IP, SERVICES, DOCUMENTATION, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%208.1%20THE%20COGNITION,CODE%2C%20OR%20ERROR%20FREE.","char_start":19017,"char_end":19862}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 9.1 Cognition Indemnification: Cognition shall indemnify, defend, and hold harmless Customer from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) (“Losses”) incurred by Customer resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Services, or any use of the Services in accordance with this Agreement, infringes or misappropriates such third party's intellectual property rights, including, without limitation, patents, copyrights, or trade secrets, provided, that Customer (i) promptly notifies Cognition in writing of such Third Party Claim; (ii) cooperates with Cognition in connection with such Third Party Claim; and (iii) allows Cognition sole authority to control the defense and any settlement of such Third Party Claim. If such a Third-Party Claim is made or appears possible, Customer agrees to permit Cognition, at Cognition's sole discretion, to (A) modify or replace the Services, or component or part thereof, to make the Services, or such component or part, as applicable, non-infringing; or (B) obtain the right for Customer to continue use of the Services, or component or part thereof, as applicable. If Cognition determines that neither alternative is reasonably available, Cognition may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Customer. ","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%209.1%20Cognition%20Indemnification%3A,notice%20to%20Customer.%20","char_start":19891,"char_end":21356}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"This Section 9 will not apply, and Cognition shall have no obligation, with respect to any Third-Party Claim arising from or relating to: (1) compliance with Customer specifications; (2) use of the Services in combination with data, software, hardware, equipment, technology or other products or services not supplied or expressly authorized in writing by Cognition; (3) any adaptation or modification of the Services other than by Cognition; (4) Customer's failure to follow instructions provided by Cognition which would have cured the alleged infringement; (5) Customer Data; or (6) Customer's or any Authorized User's breach of this Agreement.\n 9.2 Customer Indemnification: Customer shall indemnify, hold harmless, and, at Cognition's option, defend Cognition from and against any Losses resulting from any Third-Party Claim (i) that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or misappropriates such third party's intellectual property rights; and (ii) based on Customer's or any Authorized User's (A) negligence or willful misconduct; (B) use of the Services in a manner not authorized by this Agreement; (C) use of the Services in combination with data, software, hardware, equipment, technology or other products or services not supplied or expressly authorized in writing by Cognition; or (D) any adaptation or modification of the Services other than by Cognition, provided, that Customer may not settle any Third-Party Claim against Cognition unless Cognition consents to such settlement, and provided, further, that Cognition will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.\n","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=This%20Section%209%20will,its%20own%20choice.%20","char_start":21356,"char_end":23141}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 9.3 Sole Remedy: THIS SECTION 9 SETS FORTH CUSTOMER'S SOLE REMEDIES AND COGNITION'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%209.3%20Sole%20Remedy%3A,OF%20ANY%20THIRD%20PARTY.","char_start":23141,"char_end":23429}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 10.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT LIABILITY, EXCEED THE TOTAL AMOUNTS PAID TO COGNITION UNDER THIS AGREEMENT IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%2010.1%20NOTWITHSTANDING%20ANYTHING,RISE%20TO%20THE%20CLAIM.","char_start":23468,"char_end":24742}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=Such%20remedies%20are%20not,in%20equity%20or%20otherwise.","char_start":29560,"char_end":29687}},{"surface":"confidentiality","risk":"medium","confidence":"medium","tier":"Enterprise","verified":true,"quote":"Notwithstanding Section 6, Feedback will not be considered Customer's Confidential Information.","caution":"Feedback submitted by the customer — which could include feature requests or bug reports revealing sensitive product direction — is explicitly excluded from confidentiality protections. This carve-out is broad and could expose strategic information.","provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=Notwithstanding%20Section%206%2C%20Feedback,considered%20Customer%26%23x27%3Bs%20Confidential%20Information.","char_start":13526,"char_end":13626}},{"surface":"confidentiality","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" irrespective of any other obligation or limitation governing such Feedback. ","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%20irrespective%20of%20any,governing%20such%20Feedback.%20","char_start":13037,"char_end":13114}},{"surface":"confidentiality","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 6.1 Confidential Information: Either party may disclose or make available (in such capacity, the “Disclosing Party”) to the other party (in such capacity, the “Receiving Party”) information about its business affairs, products, intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, that the Receiving Party would reasonably deem to be confidential, whether or not marked, designated or otherwise identified as such (collectively, “Confidential Information”). Confidential Information does not include information that: (i) at the time of disclosure is, or subsequently becomes (through no action or inaction on the part of the Receiving Party) in the public domain; (ii) is known to the Receiving Party at the time of disclosure; (iii) after the date of this Agreement is rightfully obtained by the Receiving Party on a non-confidential basis from a third party; or (iv) is independently developed by the Receiving Party without use of or reference to any Confidential Information of the Disclosing Party.\n 6.2 Obligations: The Receiving Party shall not use any Confidential Information of the Disclosing Party for any purpose outside the performance or receipt of the Services, as applicable, except with the Disclosing Party's prior written permission. The Receiving Party shall not disclose the Disclosing Party's Confidential Information to any person or entity, except to the Receiving Party's employees, agents and contractors who have a need to know such Confidential Information in order for the Receiving Party to exercise its rights or perform its obligations hereunder that are bound by written or professional obligations of","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%206.1%20Confidential%20Information%3A,or%20professional%20obligations%20of","char_start":16858,"char_end":18646}},{"surface":"confidentiality","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" confidentiality no less restrictive than those contained in this Agreement in all material respects. ","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%20confidentiality%20no%20less,all%20material%20respects.%20","char_start":18646,"char_end":18748}},{"surface":"confidentiality","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 6.1 Confidential Information: Either party may disclose or make available (in such capacity, the “Disclosing Party”) to the other party (in such capacity, the “Receiving Party”) information about its business affairs, products, intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, that the Receiving Party would reasonably deem to be confidential, whether or not marked, designated or otherwise identified as such (collectively, “Confidential Information”). Confidential Information does not include information that: (i) at the time of disclosure is, or subsequently becomes (through no action or inaction on the part of the Receiving Party) in the public domain; (ii) is known to the Receiving Party at the time of disclosure; (iii) after the date of this Agreement is rightfully obtained by the Receiving Party on a non-confidential basis from a third party; or (iv) is independently developed by the Receiving Party without use of or reference to any Confidential Information of the Disclosing Party.\n 6.2 Obligations: The Receiving Party shall not use any Confidential Information of the Disclosing Party for any purpose outside the performance or receipt of the Services, as applicable, except with the Disclosing Party's prior written permission. The Receiving Party shall not disclose the Disclosing Party's Confidential Information to any person or entity, except to the Receiving Party's employees and agents who have a need to know such Confidential Information in order for the Receiving Party to exercise its rights or perform its obligations hereunder. ","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%206.1%20Confidential%20Information%3A,its%20obligations%20hereunder.%20","char_start":15250,"char_end":16970}},{"surface":"confidentiality","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"On expiration or termination of this Agreement, the Receiving Party shall promptly return to the Disclosing Party all copies, whether in written, electronic, or other form or media, of the Disclosing Party's Confidential Information, or destroy all such copies and certify in writing to the Disclosing Party that such Confidential Information has been destroyed. Each Party's obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five years after the expiration or termination of this Agreement; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=On%20expiration%20or%20termination,protection%20under%20applicable%20law.","char_start":16970,"char_end":17886}},{"surface":"subprocessors_data_sharing","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" circumstances, we may preserve and share your information: in response to requests from third parties, law enforcement, or other governmental authorities; to promote the safety, security, and integrity of the Services, network, our users, employees, and the public Basic Information, Account Information, Communications, App, browser, and device information, Services usage data Legitimate Interests — specifically, it is in our interest and the interest of the general public to prevent and address fraud, unauthorized use of the Services, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our personnel and property or the Service) our users or others, to defend our legal rights and resolve disputes, to secure our platform and network, to verify accounts and activity, to combat harmful conduct, to prevent and address fraud, abuse and other bad experiences, to prevent death or imminent bodily harm \n To research and innovate Basic Information, Account Information, Communications, Service Usage Data Legitimate Interests — specifically, it is in our interest and our users interest to improve and iterate our Services through information obtained from users, surveys, reviews, and feedback ","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20circumstances%2C%20we%20may,reviews%2C%20and%20feedback%20","char_start":6179,"char_end":7433}},{"surface":"subprocessors_data_sharing","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" We do not sell or share your personal information with third parties for targeted advertising purposes, nor have we done so in the past 12 months. We also do not have actual knowledge that we sell or share for targeted advertising purposes personal information about individuals under 16 years old. We work with service providers and other third parties to help us provide our Services, and as a result we need to provide certain information with these third parties as described below.\n We disclose, and in the past 12 months, we've disclosed, the categories of personal data set forth in Section 1 with the following categories of third parties:\n Third Party Service Providers — We provide personal information to third party service providers who help us provide our Services.\n Other Third Parties — Certain features allow you to display or share information with other users or third parties. For example, you may share Devin AI conversations with other users via shared links. Be sure you trust any user or third party with whom you share information.\n Professional Advisors, authorities, and regulators — We share your information with our advisors, regulators, tax authorities, law enforcement, and government agencies to: Respond pursuant to applicable law or regulations, court orders, legal process or government requests;\n Comply with our reporting and information sharing obligations and regulatory authorities;\n Detect, investigate, prevent, or address fraud and other illegal activity or security and technical issues; and\n Protect the rights, property, safety of us, our users, or others, including to prevent death or imminent bodily harm.","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20do%20not,or%20imminent%20bodily%20harm.","char_start":7486,"char_end":9147}},{"surface":"subprocessors_data_sharing","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" Your employer or related organisation — If you create an account using an email address belonging or relating to your employer or another organisation, we may share the fact that you have an account and certain account information (such as your email address) with your employer or organisation to, for example, enable you to be added to their business or enterprise account. In addition, administrators of any enterprise or business account may be able to access certain information associated with your account, including your User Content, and be able to control your account and such information.\n To our affiliates or others within our corporate group , as a matter of our legitimate interests to efficiently provide the Services.\n Asset Transfer or Company Acquisition — We may choose to buy or sell assets, and may share and/or transfer information about our users in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, merged, reorganized, or if we go out of business, enter bankruptcy, or go through some other change of control or similar event, your personal information could be transferred in connection with that transaction.\n When you request or direct us to disclose information , with your consent or to perform our contract with you.\n Our Services may contain links to other websites not operated or controlled by Cognition AI, Inc, including social media services (“Third-Party Sites”). ","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20Your%20employer%20or,services%20(%E2%80%9CThird-Party%20Sites%E2%80%9D).%20","char_start":9150,"char_end":10615}},{"surface":"subprocessors_data_sharing","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=The%20information%20that%20you,privacy%20practices%20and%20policies.","char_start":10615,"char_end":10986}},{"surface":"audit_rights_dpa_residency","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" To facilitate our operations, Cognition, our third-party partners, and service providers may transfer, store, and process your personal information throughout the world, including the EU, UK and the US. If you reside in the EEA, Switzerland, or the United Kingdom, we rely upon certain legal mechanisms to facilitate these transfers of your personal information, including in some cases the European Commission's Standard Contractual Clauses and relevant local clauses (e.g., the UK's International Data Transfer Addendum) to facilitate the international and onward transfer of European personal data to third countries. You can contact us at the address below to view a copy or request more information about these mechanisms.","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20To%20facilitate%20our,information%20about%20these%20mechanisms.","char_start":12480,"char_end":13218}},{"surface":"audit_rights_dpa_residency","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" Depending on where you live, you may be able to exercise certain privacy rights related to your personal information. If any of the rights listed below are not provided for under law for your jurisdiction, we have absolute discretion in providing these rights.\n Right to access/know and portability : You may have the right to request that we provide you a copy of your personal information held by us, or for details relating to the ways in which we use and disclose your personal information, and how we have used or disclosed your personal information in the past. You may also have the right to request that we provide certain personal information in a structured, commonly used, machine-readable format and make this available to you or a designated third party.\n Right to deletion/erasure : You may have the right to request to erase your personal information. If you end your Services, we will retain or delete information associated with your account as described in Section 5.\n Right to rectification/correction : You may have the right to request us to rectify or update any of your personal information that is incomplete or inaccurate.\n Right to object or restrict processing : You may have the right to restrict or object to us using or transferring your personal information based on our legitimate interests, in the public interest or for direct marketing. We may continue to process your personal information where permitted or required by applicable law.\n","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20Depending%20on%20where,by%20applicable%20law.%20","char_start":13263,"char_end":14736}},{"surface":"audit_rights_dpa_residency","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" Right to withdraw your consent : To the extent processing of your personal information is based on your consent, you may withdraw your consent at any time. The lawfulness of our processing before you withdraw your consent will not be affected by such withdrawal.\n Right to Appeal : If we deny your request, you may have the right to appeal our decision regarding your privacy request.\n Right to lodge a complaint : You have the right to lodge a complaint with your local data protection authority.\n You may submit a request to exercise these rights by contacting us at privacy@cognition.ai . We will not discriminate against you for exercising any of your rights provided to you under law. To protect your privacy and security, we may take steps to verify your identity before complying with your request, including to ask for further information, and we may decline your request if we are unable to verify your identity.\n Under certain US data privacy laws, you may also designate an authorized agent to make these requests on your behalf. Before accepting a request from an agent, we will require that the agent provide proof that you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.\n The above rights are not absolute, and may only apply or be denied in certain circumstances. ","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20Right%20to%20withdraw,in%20certain%20circumstances.%20","char_start":14736,"char_end":16074}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 12.1 Notices: All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the second business day after mailing; or (iii) the second business day after sending by email. Notices shall be sent to the notice addresses on the Order Form.\n 12.2 Force Majeure: In no event shall Licensor be liable to Customer, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond Licensor's reasonable control, including but not limited to acts of God, pandemic, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. Licensor may terminate this Agreement immediately with notice if Licensor reasonably believes or determines that the provision of the Services to Customer is prohibited by applicable law, and shall promptly provide Customer a refund of unused prepaid fees.\n 12.3 Independent Contractor: Each party agrees that its relationship with the other party is that of an independent contractor and that nothing in this Agreement should be construed to create a partnership, joint venture, or employer-employee relationship. ","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%2012.1%20Notices%3A%20All,or%20employer-employee%20relationship.%20","char_start":30485,"char_end":31935}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" These Enterprise Terms of Service (“Terms”) govern the relationship between Cognition AI, Inc. (“Licensor”, “we”, “us”) and the entity or person (“Customer”, “you”, “your”) using or accessing Licensor's software offerings. Please carefully read these Terms. These Terms refer to and incorporate any written purchase document executed by you and Licensor (“Order Form(s)”). Together, the Terms and Order Form(s) form a single binding agreement between you and Licensor (the “Agreement”).\n You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms.","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%20These%20Enterprise%20Terms,all%20of%20these%20Terms.","char_start":101,"char_end":708}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 11.1 Binding Arbitration: IN THE EVENT A DISPUTE, CONTROVERSY, OR CLAIM ARISES OUT OF OR RELATING TO THESE TERMS (“DISPUTE”), THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. The parties will first try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by binding arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator. The arbitration will be conducted in English in New York, New York, USA. By agreeing to mandatory arbitration as set forth herein, you and Licensor knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim, except that either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision regarding the Dispute.","caution":null,"provenance":{"source_url":"https://cognition.ai/legal/enterprise-terms-of-service","snapshot_sha256":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89","wayback_url":null,"deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%2011.1%20Binding%20Arbitration%3A,decision%20regarding%20the%20Dispute.","char_start":28945,"char_end":30457}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" These Terms of Service (“Terms”) govern your use of Devin Core and Devin Teams, and other software offerings (“Services”) that we may offer to individuals or entities who register for and use our Services by signing up directly through our website ( www.devin.ai or app.devin.ai), as opposed to customers with custom agreements (“Self-Serve Customers”, “Customer”). Please carefully read these Terms, along with our Privacy Policy , which outlines how we handle your data. These Terms refer to and incorporate any written purchase document executed by you and Cognition (“Order Form(s)”) signed by you and Cognition. Together with the Terms, the Privacy Policy and Order Forms form a single binding agreement between you and Cognition (the “Agreement”). Throughout these terms, Authorized User means your employees, consultants, and agents (i) who are expressly authorized by you to access and use the Services under and in accordance with the rights granted to you pursuant to this Agreement; and (ii) for whom access to the Services has been purchased.\n You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms. These Terms may be updated and presented again to the Self-Serve Customer from time to time. All changes will be effective as of the “Last Updated” date stated at the top of this page. Continued use of the Services constitutes acceptance of the updated terms. If you do not agree with this Agreement, please stop using or accessing the Services.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%20These%20Terms%20of,or%20accessing%20the%20Services.","char_start":118,"char_end":1634}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 11.1 IN THE EVENT A DISPUTE, CONTROVERSY, OR CLAIM ARISES OUT OF OR RELATING TO THESE TERMS (“DISPUTE”), THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. The parties will first try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by binding arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator. The arbitration will be conducted in English in New York, New York, USA. By agreeing to mandatory arbitration as set forth herein, you and Cognition knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim, except that either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision regarding the Dispute.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%2011.1%20IN%20THE,decision%20regarding%20the%20Dispute.","char_start":24801,"char_end":26293}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" If you have any questions or concerns regarding this Privacy Policy, or if you have a complaint, please contact us at privacy@cognition.ai .","caution":null,"provenance":{"source_url":"https://cognition.ai/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20If%20you%20have,us%20at%20privacy%40cognition.ai%20.","char_start":16117,"char_end":16258}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 12.1 Notices: All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) must be in writing and addressed to the applicable party.\n 12.2 Force Majeure: In no event shall Cognition be liable to Customer, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond Cognition's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.\n 12.3 Independent Contractor: Each party agrees that its relationship with the other party is that of an independent contractor and that nothing in this Agreement should be construed to create a partnership, joint venture, or employer-employee relationship. Neither party shall be responsible to the other party and neither party has the authority to act for, bind, or incur any debts or liabilities on behalf of the other party.\n 12.4 Modifications: Cognition may update these Terms by providing you with reasonable notice of the updates, including by posting the updates on our website. We will provide you with at least thirty (30) day written notice before any changes that we determine, in our sole discretion, materially impact your rights or obligations, unless the changes are made to comply with applicable law in which case we will provide reasonable notice. ","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%2012.1%20Notices%3A%20All,provide%20reasonable%20notice.%20","char_start":26321,"char_end":28001}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"Continued use of the Services constitutes acceptance of the updated terms. If you do not agree to the update, please stop using the Services.\n 12.5 Severability: If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.\n 12.6 Governing Law: This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York.\n 12.7 Assignment: You may not assign any of your rights or delegate any of your obligations hereunder.\n 12.8 Equitable Relief: Each party acknowledges and agrees that a breach or threatened breach by such party of any of its obligations under Section 6 or, in the case of Customer, Section 2.3, would cause the other party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other party will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. ","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=Continued%20use%20of%20the,an%20adequate%20remedy.%20","char_start":28001,"char_end":29560}}],"disclaimer":"Informational only, not legal advice. Every finding is a verbatim quote from a fully-read, gate-verified document; verify via snapshot_sha256 + wayback_url. Partially-verified platforms show findings only from their verified document(s).","@jsonld":{"@context":"https://schema.org","@type":"Dataset","name":"Devin (Cognition AI) — AI policy risk findings","description":"Verified, cited policy findings for Devin (Cognition AI) across 13 risk surfaces.","url":"https://aipolicycompare.com/platform/devin","creator":{"@type":"Organization","name":"AIPolicyCompare","url":"https://aipolicycompare.com"},"isAccessibleForFree":true,"license":"https://aipolicycompare.com/terms","additionalProperty":[{"@type":"PropertyValue","name":"verification","value":"fully_verified"}],"variableMeasured":[{"@type":"PropertyValue","name":"prompt_ownership","value":"high","description":"Upon request by Licensor, you and Authorized Users may report to Licensor, and reasonably assist Licensor in connection with correcting any errors, problems, or defects in the Services you discover. In addition, if you or any Authorized Users send or transmit any communications or materials to Licensor by mail, email, telephone, or otherwise, suggesting or recommending changes to the Licensor IP, including new features or functionality relating thereto, or any comments, questions, suggestions, or similar feedback (collectively with any error, problem or defect reports submitted by you and Authorized Users in accordance hereto, “Feedback”), Licensor is free to use such Feedback irrespective of any other obligation or limitation governing such Feedback. You hereby grant to Licensor a perpetual, irrevocable, worldwide license to use any Feedback without compensation, without any obligation to report on such use, and without any other restriction. The rights granted in the previous sentence include the right to exploit Feedback in any and every way, as well as the right to grant sublicenses under copyright, patent, and any other form of intellectual property.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"prompt_ownership","value":"medium","description":"By using the Services, you hereby grant to Licensor, its affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, transferable license to reproduce, distribute, modify, and otherwise use, display, and perform all acts with respect to the Customer Data as may be necessary for Licensor to provide the Services to you or as otherwise permitted under this Agreement.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"low"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"prompt_ownership","value":"unknown","description":" 1.7 Input: means the prompts, inputs, and other materials that you or your Authorized Users upload, submit, or otherwise make available to the Services.\n 1.8 Licensor IP: means the Services, Documentation, and all other technology, including software and other works of authorship, graphical user interfaces, workflows, products, processes and algorithms, data, know-how and trade secrets, designs, techniques, inventions and other tangible or intangible technical material or information provided by or on behalf of Licensor in connection with the foregoing, whether created, developed, or reduced to practice as part of the provision of the Services or otherwise, and all improvements, enhancements, modifications, and derivative works of any of the foregoing, in each case, together with all intellectual property rights therein. For the avoidance of doubt, Licensor IP does not include Customer Data.\n 1.9 Order Form: means an order that describes the Services, is executed by the parties, and references this Master Services Agreement.\n 1.10 Output: means the outputs generated and returned by the Services based on the Inputs you or your Authorized Users provide.\n 1.11 Privacy Policy: means Licensor's Privacy Policy as posted on Licensor's website.\n 1.12 Services: means the current version of the software and services listed in an Order Form as of the effective date of the Order Form, together with any updates provided to Customer during the Term. 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For the avoidance of doubt, Cognition IP does not include Customer Data.\n 1.2 Customer Data: means (i) information, data, Inputs, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by you or on your behalf or your Authorized User's behalf through the Services; and (ii) data that is generated and made available to you by the Services through use of such data, including Outputs. Customer Data expressly excludes: (i) any content owned by or licensed to Cognition; and (ii) Usage Data.\n 1.3 Documentation: means Cognition's user manuals, handbooks, and guides and other training and supporting materials relating to the Services, which may be provided by Cognition to you either electronically or in hard copy form.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"prompt_ownership","value":"unknown","description":"You hereby assign to Cognition, on behalf of itself and its employees, contractors and agents, all right, title, and interest in, and Cognition is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever. For the avoidance of doubt, Cognition is not required to use any Feedback. All such Feedback is deemed to be Cognition's Confidential Information.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"output_ownership","value":"low","description":"As between the parties hereto, you own all right, title, and interest, including all intellectual property rights, in and to Customer Data, including Outputs, to the fullest extent permitted by applicable law. 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As between the parties hereto, you own all right, title, and interest, including all intellectual property rights, in and to Customer Data, including Outputs, to the fullest extent permitted by applicable law. Licensor does not represent or warrant that Output will not be similar to or the same as output provided to other customers.\n 3.2 License: By using the Services, you hereby grant to Licensor, its affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, transferable license to reproduce, distribute, modify, and otherwise use, display, and perform all acts with respect to the Customer Data as may be necessary for Licensor to provide the Services to you or as otherwise permitted under this Agreement. You hereby represent and warrant that: (i) you have all necessary rights, consents and permissions to grant Licensor the license set forth in this section 3, and to allow Licensor to exercise its rights under such license without infringement of the intellectual property rights, privacy rights, rights of publicity, moral rights, or other proprietary rights of any third party; and (ii) Licensor's receipt and processing of Customer Data in accordance with this Agreement does not and will not violate any applicable laws or regulations.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"output_ownership","value":"unknown","description":" 1.4 Input: means the prompts and inputs provided by you or your Authorized Users to the Services.\n 1.5 Output: means the outputs generated and returned by the Services based on the Inputs you or your Authorized Users provide.\n 1.6 Usage Data: means the anonymized and aggregated data regarding the manner in which you or your Authorized Users interact with the Services. For avoidance of doubt, Usage Data will not be linkable to you, and will not include any confidential information.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"output_ownership","value":"unknown","description":" 3.1 Ownership: Cognition owns all right, title, and interest, including all intellectual property rights, in and to the Services, Documentation, and Cognition IP, and reserves all rights not expressly granted to you in this Agreement. You own all right, title, and interest, including all intellectual property rights, in and to Customer Data, including Outputs to the fullest extent permitted by applicable law.\n 3.2 License: By using the Services, you hereby grant to Cognition, its affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid, sublicensable (solely for the purposes of providing the Services to you), transferable license to reproduce, distribute, modify, and otherwise use, display, and perform all acts with respect to the Customer Data as may be necessary for Cognition to provide the Services to you. You hereby represent and warrant that: (i) you have all necessary rights to grant Cognition the license set forth in this section, and to allow Cognition to exercise its rights under such license without infringement of the rights of any third party, including privacy rights; and (ii) Cognition's receipt and processing of Customer Data in accordance with this Agreement does not and will not violate any applicable laws or regulations.\n 3.3 Data Usage and Rights: \n 3.3.1 Use of Customer Data: Any Customer Data that you submit, upload, or otherwise post to the Services will not be used for model training purposes unless you opt-in to allow Cognition to use such Customer Data to improve and enhance the Services. 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For the avoidance of doubt, Customer is not required to provide any Feedback nor is Licensor required to use any Feedback.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"training_use","value":"low","description":"Licensor will not use, or permit any third party to use, any Customer Data to train or otherwise optimize any artificial intelligence model without your express prior written consent. With Customer's prior written consent, Licensor may use Customer Data to fine tune or optimize the Services exclusively for use by Customer. For clarity, Licensor may utilize Usage Data for internal analytics and business purposes, including to extract generalized insights or patterns derived from Usage Data for the purpose of improving the Services' performance or functionality generally.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"training_use","value":"unknown","description":" 3.3 Use of Customer Data: Licensor will not use, or permit any third party to use, any Customer Data to train or otherwise optimize any artificial intelligence model without your express prior written consent. With Customer's prior written consent, Licensor may use Customer Data to fine tune or optimize the Services exclusively for use by Customer. For clarity, Licensor may utilize Usage Data for internal analytics and business purposes, including to extract generalized insights or patterns derived from Usage Data for the purpose of improving the Services' performance or functionality generally.\n 3.4 Marketing: You hereby grant Licensor the non-exclusive right to use your name, logo, and trademarks in connection with Licensor's promotional activities, including displaying your name, logo, or trademark on Licensor's website and marketing materials. Additionally, subject to your prior written consent and mutual agreement on timeline, you will participate in a written case study at Licensor's request, detailing the collaboration and outcomes of the project.\n 3.5 Feedback: Upon request by Licensor, you and Authorized Users may report to Licensor, and reasonably assist Licensor in connection with correcting any errors, problems, or defects in the Services you discover. In addition, if you or any Authorized Users send or transmit any communications or materials to Licensor by mail, email, telephone, or otherwise, suggesting or recommending changes to the Licensor IP, including new features or functionality relating thereto, or any comments, questions, suggestions, or similar feedback (collectively with any error, problem or defect reports submitted by you and Authorized Users in accordance hereto, “Feedback”), Licensor is free to use such Feedback","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"training_use","value":"unknown","description":"The Services include all applicable Documentation but do not include Customer Data.\n 1.13 Term: means the term identified in the Order Form.\n 1.14 Usage Data: means the anonymized and/or aggregated data (or metadata), metrics, logs, or other information about the provision, use, and performance of the Services that does not (i) identify Authorized Users or include their personal information and (ii) include Customer's Confidential Information or Customer Data.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"training_use","value":"unknown","description":"If you do not opt-in, Customer Data (with the exception of Usage Data) is not used for any other purpose, including the training of language models.\n 3.3.2 Cognition reserves the right to collect, analyze, and utilize Usage Data for operational, analytical, and improvement purposes.\n 3.4 Marketing: Subject to your prior consent, Cognition may use your name, logo, and trademarks in publicity, including, but not limited to, displaying your name, logo, or trademark on Cognition's website and marketing materials. Additionally, you agree to consider in good faith participating in a written case study at Cognition's request, detailing the collaboration and outcomes of the project, subject to mutual agreement on the content and timeline.\n 3.5 Feedback: Upon request by Cognition, you and Authorized Users will report to Cognition, and reasonably assist Cognition in connection with correcting any errors, problems, or defects in the Services you discover. In addition, if you or any Authorized Users send or transmit any communications or materials to Cognition by mail, email, telephone, or otherwise, suggesting or recommending changes to the Cognition IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or similar feedback (collectively with any error, problem or defect reports submitted by you and Authorized Users in accordance hereto, “Feedback”), Cognition is free to use such Feedback irrespective of any other obligation or limitation governing such Feedback. 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Licensor reserves all rights in and to the Services and other Licensor IP that are not expressly granted to you in this Agreement.\n 2.2 Your responsibilities: You and your Authorized Users may be asked to create a user account to access the Services. You are responsible for all uses of the Services that results from your or your Authorized Users' access to or use of the Services, directly or indirectly, whether such access or use is permitted by or is in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for (i) all acts and omissions of Authorized Users, and for any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you; and (ii) safeguarding the confidentiality of all passwords and usernames associated with your account and your Authorized Users' accounts, and for any use or misuse of the Services by anyone using such passwords or usernames, whether or not authorized by you. You agree to use all reasonable efforts to make all Authorized Users aware of the provisions of this Agreement that are applicable to such Authorized User's use of the Services, and you will cause Authorized Users to comply with such provisions.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"commercial_use","value":"unknown","description":" 2.3 Restrictions: You may not use the Services for any purposes beyond the scope of the access granted in this Agreement. You may not, at any time, directly or indirectly, and must ensure that your Authorized Users do not: (i) copy, reproduce, modify, translate, or create derivative works of the Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iii) use the Services or the Output to (A) create or develop any products or services that compete with the products or services of Licensor or (B) to train artificial intelligence models, in each case of (A) or (B), except as expressly approved by Licensor in writing; (iv) make the Services available to anyone other than Authorized Users; (v) publicly publish benchmarks or performance information about the Services; (vi) access or use the Services in a manner that violates the AUP; or (vii) use the Services for High-Risk Activities (collectively, the “Use Restrictions”).\n 2.4 Limitations of Outputs: It is your responsibility to evaluate whether Output is appropriate for your use case (including where human review is appropriate) before any use or sharing of any Output. You acknowledge and agree, and are required to notify your Authorized Users, that factual assertions in Output should not be relied upon without independently checking their accuracy.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"commercial_use","value":"high","description":"You may not, at any time, directly or indirectly, and must ensure that your Authorized Users do not: (i) copy, reproduce, modify, translate, or create derivative works of the Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iii) use the Services or the Output to (A) create or develop any products or services that compete with the products or services of Licensor or (B) to train artificial intelligence models, in each case of (A) or (B), except as expressly approved by Licensor in writing","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"commercial_use","value":"unknown","description":" 2.1 Rights Granted: Subject to your compliance with the terms and conditions of this Agreement, Cognition hereby grants you a non-exclusive, non-sublicensable, non-transferable right to access and use the Services and Documentation for your internal business purposes only, solely for use by you and your Authorized Users during the Term. Cognition reserves all rights not expressly granted to you in and to the Services, Documentation, and Cognition IP.\n 2.2 Your responsibilities: You and your Authorized Users may be asked to create a user account to access the Services and Documentation. You are responsible for all uses of the Services and Documentation that results from your access or use, directly or indirectly, whether such access or use is permitted by or is in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for (i) all acts and omissions of Authorized Users, and for any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you; and (ii) safeguarding the confidentiality of all passwords and usernames associated with your account and your Authorized Users' accounts, and for any use or misuse of the Services by anyone using such passwords or usernames, whether or not authorized by you. You agree to use all reasonable efforts to make all Authorized Users aware of the provisions of this Agreement that are applicable to such Authorized User's use of the Services, and will cause Authorized Users to comply with such provisions.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" 4.1 Data Security: Where Licensor has access to Customer Data, Licensor will implement and maintain commercially reasonable safeguards designed to protect Customer Data against security breaches. You will be responsible for routinely backing up Customer Data, and Licensor has no obligation or liability for any loss, alteration, destruction, damage, corruption, or recovery of Customer Data.\n 4.2 Customer Obligations: You represent and warrant that all Customer Data has been collected and disclosed to Licensor in compliance with applicable law, including with respect to any obligation to provide notice to and/or obtain consent from Authorized Users and other individuals, and that you have and will continue to make any necessary filings with data protection authorities, and comply with any request made under laws applicable to Customer from Authorized Users or authorities to access, rectify, delete or otherwise in relation to Customer Data.\n 4.3 Personal Data: Other than account information of Authorized Users, which Licensor processes according to its Privacy Policy and applicable data protection laws, you acknowledge that the Services are not designed to process data defined as “personal data”, “personal information” or similar terms under applicable data protection laws on your behalf. You agree not to share with us or otherwise process any protected health information. You further agree not to share with us or otherwise process any other categories of sensitive personal data such as social security numbers, birth dates, passport information, bank account, and credit card numbers in using the Services.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":"Legitimate Interests — specifically, our interest in ensuring you have the best use of the Services \n To promote safety, security, and integrity of our Services Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us Legitimate Interests — specifically, our interest in ensuring and maintain the effective operations and delivery of the Services \n To comply with legal and regulatory obligations. We may access, read, preserve, and disclose information when we believe it is reasonably necessary to comply with law, legal obligations, regulations, law enforcement, governmental, and other legal requests, court orders, or for disclosure to tax authorities Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us To comply with our legal obligations. Legitimate Interests — specifically, our interest in complying with legal obligations, requests and our corporate responsibilities where we operate \n To customize your experience with our Services and otherwise improve our Services including, depending on the terms that apply to your use of the Services, using User Content to train, fine tune and improve the models that power our Services. Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, and User Content Legitimate Interests — specifically, it is in our interest to understand how you interact with the Services in order to customize and/or improve our products and Services, and the models that power our Services, and enable accurate and reliable reporting \n Where not otherwise required by law, and depending on the","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" We use your personal information to deliver, personalize, operate, improve, create, and develop our Services, to provide you with a secure, smooth, efficient and customized experience as you use our Services, and for legal compliance, and loss prevention. We only use your account password to create and maintain your account and to provide you with the Services. Learn more about how we use your personal information and our legal basis for each such use case below.\n Why and how we use your information Information categories used Legal basis of processing (where applicable) \n To create and maintain your account Basic Information and Account Information Necessary to perform our contract with you \n To provide you with Services Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us Necessary to perform our contract with you \n To provide customer support Basic Information, Account Information, Communications, Services usage data (including location information), App, browser, and device information We rely on our legitimate interests or those of third parties (like other users and in some cases, the general public) where they are not outweighed by your rights and freedoms. In the EEA and UK, you have the right to object to, and seek restrictions of this processing (“Legitimate Interests”) — specifically, our interest in being responsive to your requests and ensuring you have the best use of the Services \n To send Service communications Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us Necessary to perform our contract with you. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" This Privacy Policy explains how Cognition AI, Inc (“ we ”, “ our ” or “ us ”) collect, use, disclose, and safeguard your information when you use visit our website (www.cognition.ai), our software-as-a-service offerings that we make available to individuals and enterprise customers (e.g., Devin and Windsurf), along with any associated software, apps and websites (collectively, the “ Services ”).\n It is important that you understand how we use your information. You should read this page in full, but below are key highlights and some helpful links:\n Our goal is to simplify your experience. If you do not wish for your personal information to be collected, used, or disclosed as described in this Privacy Policy, or you are under 18 years of age, you should stop accessing our Services.\n We collect and use your information in order to provide and improve our Services and your experience, protect the security and integrity of our platform, and meet our legal obligations. To learn more, explore Section 1. Information We Collect and Section 2. How We Use Your Information .\n We share your information with trusted third parties and service providers in order to offer our Services, fulfill legal requirements and for the purposes set out more fully below.\n If you have any questions, or to exercise any available rights, please contact us at privacy@cognition.ai .","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" We collect, and in the past 12 months have collected, the following personal information about you:","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" Contact Information First name, last name, email address, phone number, and company name (if any). \n User Content Any personal information collected when you use our Services, including personal information that may be provided in the input, file uploads, feedback or output. \n Additional information and communications you submit to us Any communications that we exchange, including communications with interfaces such as our chatbots, survey responses, or feedback. \n Account Information Email address, password, GitHub/GitLab or other git provider username. \n Voice input If you use voice features, we process the audio to generate transcriptions or commands. Audio is deleted after transcription unless otherwise stated. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" Personal information does not include information that has been de-identified, anonymized or aggregated. When data is de-identified or anonymized, we maintain it in that form and do not attempt to re-identify the information.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" We implement commercially reasonable technical, administrative, and organizational measures intended to protect personal information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, these measures are not a guarantee of absolute security and you acknowledge and accept that your use of our Services is ultimately at your own risk.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" The Services are not intended for children, and we do not knowingly request or collect any personal information from children. As set out in our Terms, users must be at least 18 years old in order to access the Services.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" We are constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well. We post any changes we make to our Privacy Policy on this page and, where appropriate, we will provide you with reasonable notice of any material changes or as otherwise required by law. The date the Privacy Policy was last updated is identified at the top of this page.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" 4.1 Data Security: Cognition will not disclose Customer Data except in accordance with Cognition's Privacy Policy or as expressly permitted by you or in accordance with this Agreement. Cognition will use commercially reasonable efforts to maintain appropriate safeguards for the protection of Customer Data, and to help ensure the availability of Customer Data following any significant interruption to the Services. You acknowledge and agree, however, that despite the use of commercially reasonable efforts to safeguard Customer Data, transmissions made on or through the Internet may not always be secure, and unauthorized third parties may breach the security of Cognition's or its agents' information systems where Customer Data is stored. Accordingly, Cognition will not be responsible for any breach in security except to the extent the breach is due to Cognition's gross negligence. You will be responsible for routinely backing up Customer Data, and Cognition has no obligation or liability for any loss, alteration, destruction, damage, corruption, or recovery of Customer Data. Cognition retains the right to provide notice of security breaches as necessary to comply with applicable privacy laws, rules, and regulations. In the event of a security breach, you will be responsible for notifying your employees and customers of such breach. You will convey information notices as required by applicable law, gain any necessary consents from Authorized Users, make any necessary filings with data protection authorities, and enforce and comply with any request from Authorized Users or authorities to access, rectify, and/or delete any Customer Data of Authorized Users. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"medium","description":"We reserve the right to temporarily suspend your access and any Authorized User's access to any portion or all of the Services if, in our sole discretion, we reasonably determine that: (i) there is a creditable risk of harm or liability to Licensor or any Licensor IP, including repeated or material violations of Agreement or the AUP; (ii) your use or any of your Authorized User's use of the Licensor IP disrupts or poses a security risk to Licensor IP or to any third party; (iii) you or your Authorized Users are using the Licensor IP for fraudulent or illegal activities; (iv) it is necessary to do so to comply with, or if otherwise required by, applicable law, including for changes to applicable laws or to comply with new applicable laws that require that Licensor suspend the Services or that otherwise may impose risks of material liability to Licensor or Customer; or (v) you have ceased to continue business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":" 2.5 Suspension: We reserve the right to temporarily suspend your access and any Authorized User's access to any portion or all of the Services if, in our sole discretion, we reasonably determine that: (i) there is a creditable risk of harm or liability to Licensor or any Licensor IP, including repeated or material violations of Agreement or the AUP; (ii) your use or any of your Authorized User's use of the Licensor IP disrupts or poses a security risk to Licensor IP or to any third party; (iii) you or your Authorized Users are using the Licensor IP for fraudulent or illegal activities; (iv) it is necessary to do so to comply with, or if otherwise required by, applicable law, including for changes to applicable laws or to comply with new applicable laws that require that Licensor suspend the Services or that otherwise may impose risks of material liability to Licensor or Customer; or (v) you have ceased to continue business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding. Where practicable, Licensor will use reasonable efforts to provide Customer with prior notice of the suspension (email sufficing). Licensor will use commercially reasonable efforts to promptly restore Customer's and its Authorized Users' access to the Services once the issue that led to the suspension is resolved.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":" 2.3 Restrictions: You may not use the Services for any purposes beyond the scope of the access granted in this Agreement. You may not, at any time, directly or indirectly, and must ensure that your Authorized Users do not: (i) copy, reproduce, modify, translate, or create derivative works of the Services or Documentation, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iii) use the Services to create or develop any competing products or services, including to train competing artificial intelligence models except as expressly approved by Cognition in writing; or (iv) make the Services or Documentation available to anyone other than Authorized Users (collectively, “Use Restrictions”).\n 2.4 Suspension: We reserve the right to temporarily suspend your access and any Authorized User's access to any portion or all of the Services if, in our sole discretion, we reasonably determine that: (i) there is a threat or attack on any Cognition IP; (ii) your use or any of your Authorized User's use of the Cognition IP disrupts or poses a security risk to Cognition IP or to any other Cognition customer or vendor; (iii) you or your Authorized Users are using the Cognition IP for fraudulent or illegal activities; (iv) you have ceased to continue business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":" 5.1 Accounts and Registration: To access the Services you must register for an account. When registering for an account, you may be required to provide us with information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.\n 5.2 Payment: You are responsible for paying any applicable fees to access or use our Services or certain features of our Services. If you purchase access to our Services or features of our Services, you must provide complete and accurate billing information (“Payment Method”). You agree that we may charge the Payment Method for any applicable fees listed on our Services and any applicable tax. If the fees for these Services or features are specified to be recurring or based on usage, you agree that we may charge these fees and applicable taxes to the Payment Method on a periodic basis. Failure to pay for pay-as-you-go usage or a recurring subscription payment may result in a suspension or termination of the Services, and all outstanding fees due will become due and payable immediately without further action or notice.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"data_retention","value":"unknown","description":"On expiration or termination of this Agreement, the Receiving Party shall promptly return to the Disclosing Party all copies, whether in written, electronic, or other form or media, of the Disclosing Party's Confidential Information, or destroy all such copies and, promptly after the Disclosing Party's written request, certify in writing to the Disclosing Party that such Confidential Information has been destroyed. Each Party's obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five (5) years after the expiration or termination of this Agreement; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.\n 6.3 Required Disclosures: Nothing in this Agreement prohibits either party from making disclosures, including of Customer Data and other Confidential Information, if required by law, subpoena, or court order, provided (if permitted by law) it notifies the other party in advance and cooperates in any effort to obtain confidential treatment for such required disclosure.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"data_retention","value":"unknown","description":" We retain your personal information as needed to provide our Service to you, comply with legal obligations, or protect ours or others interests. How long we retain personal information includes considerations such as when the information was collected or created, whether it is necessary in order to continue offering you our Services, whether we are required to hold the information to comply with our legal obligations, or information preservation requirements. We also keep certain information where necessary to protect the safety, security, and integrity of our Services or users.\n In line with these considerations, we delete information that is no longer needed for the above purposes or when you request deletion of your information.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"data_retention","value":"unknown","description":" 7.1 Term: The term of this Agreement will commence on the first day the subscription is active and continue in effect for the duration stated in the subscription.\n 7.2 Subscription Termination (applicable to Teams customers only): You may terminate your subscription at any time. We may suspend or terminate your access to your subscription at any time without notice to you if we believe that you have breached these Terms, or if we must do so in order to comply with law. If we terminate your access to the subscription due to a violation of these Terms or the law, you will not be entitled to any refund. In addition, if you have a subscription, we may terminate the subscription at any time for any other reason. If we exercise this right and you purchased the subscription via our website, we will refund you, on a pro rata basis, the fees you paid for the remaining portion of your subscription after termination. Upon termination of these Terms or your subscription, we may at our option delete any Customer Data or other data associated with your Account.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"tier_differences","value":"unknown","description":" 2.6 Availability: The Services are subject to modification and change, in Licensor's sole discretion. Licensor will use commercially reasonable efforts to provide reasonable advance notice of a material degradation to the Services. For the avoidance of doubt, Licensor makes no guarantees regarding the quality, stability, availability, or reliability of the Services, unless otherwise agreed upon in writing in an Order Form.\n 2.7 Windsurf: For Windsurf Services, Customer Data shall be processed in accordance with the Data Use Guidelines .\n 2.8 Beta Products. If Licensor gives Customer access to a Beta Product, the Beta Product is provided “AS IS” and Section 8.1 (Limited Mutual Warranties) and Section 9 (Indemnification) do not apply to any Beta Products. Customer acknowledges that Beta Products are experimental in nature and may be modified or removed at Licensor's discretion with or without notice.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"tier_differences","value":"unknown","description":" 2.5 Availability: The Services are subject to modification and change, in Cognition's sole discretion. There are no guarantees made with respect to the quality, stability, availability, or reliability of the Services, unless otherwise agreed upon in an applicable Order Form.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"medium","description":"You hereby represent and warrant that: (i) you have all necessary rights, consents and permissions to grant Licensor the license set forth in this section 3, and to allow Licensor to exercise its rights under such license without infringement of the intellectual property rights, privacy rights, rights of publicity, moral rights, or other proprietary rights of any third party; and (ii) Licensor's receipt and processing of Customer Data in accordance with this Agreement does not and will not violate any applicable laws or regulations.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"high","description":"If Licensor gives Customer access to a Beta Product, the Beta Product is provided “AS IS” and Section 8.1 (Limited Mutual Warranties) and Section 9 (Indemnification) do not apply to any Beta Products.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 9.1 Licensor Indemnification: Licensor shall defend Customer from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) (“Losses”) incurred by Customer resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Services, or any use of the Services in accordance with this Agreement, infringes or misappropriates such third party's patents, copyrights, or trade secrets, and will indemnify and hold harmless Customer against any damages and costs awarded against Customer (including reasonable attorneys' fees) or agreed in a settlement resulting from the Third-Party Claim, provided that, in each case, Customer (i) promptly notifies Licensor in writing of such Third Party Claim; (ii) cooperates with Licensor in connection with such Third Party Claim; and (iii) allows Licensor sole authority to control the defense and any settlement of such Third Party Claim. If such a Third-Party Claim is made or appears possible, Customer agrees to permit Licensor, at Licensor's sole discretion, to (A) modify or replace the Services, or component or part thereof, to make the Services, or such component or part, as applicable, non-infringing; or (B) obtain the right for Customer to continue use of the Services, or component or part thereof, as applicable. If Licensor determines that neither alternative is reasonably available, Licensor may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Customer. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":"Notwithstanding the foregoing, this Section 9.1 will not apply, and Licensor shall have no obligation, with respect to any Third-Party Claim arising from or relating to: (1) compliance with Customer specifications; (2) use of the Services in combination with data, software, hardware, equipment, technology or other products or services not supplied or expressly authorized in writing by Licensor; (3) any adaptation or modification of the Services other than by Licensor; (4) Customer Data; or (5) Customer's or any Authorized User's breach of this Agreement.\n 9.2 Customer Indemnification: Customer shall indemnify, hold harmless, and, at Licensor's option, defend Licensor from and against any Losses resulting from any Third-Party Claim (i) that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or misappropriates such third party's intellectual property rights; and (ii) based on Customer's or any Authorized User's (A) negligence or willful misconduct; (B) use of the Services in a manner not authorized by this Agreement; (C) use of the Services in combination with data, software, hardware, equipment, technology or other products or services not supplied or expressly authorized in writing by Licensor; or (D) any adaptation or modification of the Services other than by Licensor, provided, that Customer may not settle any Third-Party Claim against Licensor unless Licensor consents to such settlement, and provided, further, that Licensor will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 9.3 Sole Remedy: THIS SECTION 9 SETS FORTH CUSTOMER'S SOLE REMEDIES AND LICENSOR'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":"No expiration or termination will affect your obligation to pay all Fees that may have become due before such expiration or termination, or entitle you to any refund. Sections 1 (Definitions), 3.1 (Ownership), 3.5 (Feedback), 6 (Confidentiality), 7.4 (Effect of Termination), 9 (Indemnification), 10 (Limitations of Liability), 11 (Dispute Resolution), and 12 (Miscellaneous) survive any termination or expiration of this Agreement.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 8.1 Limited Mutual Warranties: Each party represents and warrants that (i) it is a legal entity duly organized or incorporated, validly existing and in good standing under the laws of the state of its organization or incorporation; (ii) it has all requisite corporate or organizational power and authority required to perform hereunder; and (iii) it is duly authorized or qualified to do business and is in good standing in every jurisdiction in which an authorization or qualification is required to perform hereunder.\n 8.2 DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE LICENSOR IP AND SERVICES ARE PROVIDED “AS IS” AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE LICENSOR IP AND SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LICENSOR MAKES NO WARRANTY OF ANY KIND THAT THE LICENSOR IP AND SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, LICENSOR HAS NO LIABILITY FOR ANY USES OF THE SERVICES IN CONNECTION WITH HIGH-RISK ACTIVITIES.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 10.1 Exclusion of Consequential and Related Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES OR CONTRACTORS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.\n 10.2 Liability Limitation: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF EITHER PARTY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES OR CONTRACTORS ARISING OUT OF OR RELATED TO ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT LIABILITY, EXCEED THE TOTAL AMOUNTS PAID TO LICENSOR UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":"Neither party shall be responsible to the other party and neither party has the authority to act for, bind, or incur any debts or liabilities on behalf of the other party.\n 12.4 Third Party Beneficiaries: This Agreement is not intended and shall not be construed to create any rights or benefits upon any person not a party to this Agreement.\n 12.5 Counterparts: This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which shall constitute one and the same instrument.\n 12.6 Waiver; Cumulative Remedies; Severability: No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.\n 12.7 Governing Law: This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 12.8 Assignment: You may not assign any of your rights or delegate any of your obligations hereunder without Licensor's prior written consent. Licensor may assign this Agreement to an affiliate or in the event of a sale of all or substantially all of its stock, assets or business to which this Agreement relates without consent. Any attempted assignment in violation of this section shall be null and void.\n 12.9 Equitable Relief: Each party acknowledges and agrees that a breach or threatened breach by such party of any of its obligations under Section 6 or, in the case of Customer, Section 2.3, would cause the other party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other party will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":"Customer agrees to indemnify Cognition against any suits, actions, claims, or proceedings arising from an Authorized User, data protection authority, or other third party with regards to these obligations.\n 4.2 Personal Data: If you use the Services to process personal data, you must (i) obtain necessary consents for processing of personal data by the Services and process such personal data in accordance with applicable data protection laws; and (ii) if processing “personal data” or “personal information” as defined under applicable data protection laws, execute Cognition's Data Processing Addendum. You agree not to process any medical information or sensitive personal data such as social security numbers, birth dates, passport information, bank account, and credit card numbers in using the Services.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 5.3 Refund Policy: Except as expressly provided in these Terms or where required by law, all payments are non-refundable.\n 5.4 Disputes: In the event of an invoice dispute, you will deliver a written statement to Cognition no later than 10 business days prior to the date payment is due on the disputed invoice, and provide a detailed description of the disputed item and the disputed amount.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 8.1 THE COGNITION IP, SERVICES, AND DOCUMENTS ARE PROVIDED “AS IS” AND COGNITION HEREBY DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE COGNITION IP, SERVICES, AND DOCUMENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COGNITION SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COGNITION MAKES NO WARRANTY OF ANY KIND THAT THE COGNITION IP, SERVICES, DOCUMENTATION, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 9.1 Cognition Indemnification: Cognition shall indemnify, defend, and hold harmless Customer from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) (“Losses”) incurred by Customer resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Services, or any use of the Services in accordance with this Agreement, infringes or misappropriates such third party's intellectual property rights, including, without limitation, patents, copyrights, or trade secrets, provided, that Customer (i) promptly notifies Cognition in writing of such Third Party Claim; (ii) cooperates with Cognition in connection with such Third Party Claim; and (iii) allows Cognition sole authority to control the defense and any settlement of such Third Party Claim. If such a Third-Party Claim is made or appears possible, Customer agrees to permit Cognition, at Cognition's sole discretion, to (A) modify or replace the Services, or component or part thereof, to make the Services, or such component or part, as applicable, non-infringing; or (B) obtain the right for Customer to continue use of the Services, or component or part thereof, as applicable. If Cognition determines that neither alternative is reasonably available, Cognition may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Customer. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":"This Section 9 will not apply, and Cognition shall have no obligation, with respect to any Third-Party Claim arising from or relating to: (1) compliance with Customer specifications; (2) use of the Services in combination with data, software, hardware, equipment, technology or other products or services not supplied or expressly authorized in writing by Cognition; (3) any adaptation or modification of the Services other than by Cognition; (4) Customer's failure to follow instructions provided by Cognition which would have cured the alleged infringement; (5) Customer Data; or (6) Customer's or any Authorized User's breach of this Agreement.\n 9.2 Customer Indemnification: Customer shall indemnify, hold harmless, and, at Cognition's option, defend Cognition from and against any Losses resulting from any Third-Party Claim (i) that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or misappropriates such third party's intellectual property rights; and (ii) based on Customer's or any Authorized User's (A) negligence or willful misconduct; (B) use of the Services in a manner not authorized by this Agreement; (C) use of the Services in combination with data, software, hardware, equipment, technology or other products or services not supplied or expressly authorized in writing by Cognition; or (D) any adaptation or modification of the Services other than by Cognition, provided, that Customer may not settle any Third-Party Claim against Cognition unless Cognition consents to such settlement, and provided, further, that Cognition will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 9.3 Sole Remedy: THIS SECTION 9 SETS FORTH CUSTOMER'S SOLE REMEDIES AND COGNITION'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 10.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT LIABILITY, EXCEED THE TOTAL AMOUNTS PAID TO COGNITION UNDER THIS AGREEMENT IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":"Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"confidentiality","value":"medium","description":"Notwithstanding Section 6, Feedback will not be considered Customer's Confidential Information.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"confidentiality","value":"unknown","description":" irrespective of any other obligation or limitation governing such Feedback. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"confidentiality","value":"unknown","description":" 6.1 Confidential Information: Either party may disclose or make available (in such capacity, the “Disclosing Party”) to the other party (in such capacity, the “Receiving Party”) information about its business affairs, products, intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, that the Receiving Party would reasonably deem to be confidential, whether or not marked, designated or otherwise identified as such (collectively, “Confidential Information”). Confidential Information does not include information that: (i) at the time of disclosure is, or subsequently becomes (through no action or inaction on the part of the Receiving Party) in the public domain; (ii) is known to the Receiving Party at the time of disclosure; (iii) after the date of this Agreement is rightfully obtained by the Receiving Party on a non-confidential basis from a third party; or (iv) is independently developed by the Receiving Party without use of or reference to any Confidential Information of the Disclosing Party.\n 6.2 Obligations: The Receiving Party shall not use any Confidential Information of the Disclosing Party for any purpose outside the performance or receipt of the Services, as applicable, except with the Disclosing Party's prior written permission. The Receiving Party shall not disclose the Disclosing Party's Confidential Information to any person or entity, except to the Receiving Party's employees, agents and contractors who have a need to know such Confidential Information in order for the Receiving Party to exercise its rights or perform its obligations hereunder that are bound by written or professional obligations of","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"confidentiality","value":"unknown","description":" confidentiality no less restrictive than those contained in this Agreement in all material respects. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"confidentiality","value":"unknown","description":" 6.1 Confidential Information: Either party may disclose or make available (in such capacity, the “Disclosing Party”) to the other party (in such capacity, the “Receiving Party”) information about its business affairs, products, intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, that the Receiving Party would reasonably deem to be confidential, whether or not marked, designated or otherwise identified as such (collectively, “Confidential Information”). Confidential Information does not include information that: (i) at the time of disclosure is, or subsequently becomes (through no action or inaction on the part of the Receiving Party) in the public domain; (ii) is known to the Receiving Party at the time of disclosure; (iii) after the date of this Agreement is rightfully obtained by the Receiving Party on a non-confidential basis from a third party; or (iv) is independently developed by the Receiving Party without use of or reference to any Confidential Information of the Disclosing Party.\n 6.2 Obligations: The Receiving Party shall not use any Confidential Information of the Disclosing Party for any purpose outside the performance or receipt of the Services, as applicable, except with the Disclosing Party's prior written permission. The Receiving Party shall not disclose the Disclosing Party's Confidential Information to any person or entity, except to the Receiving Party's employees and agents who have a need to know such Confidential Information in order for the Receiving Party to exercise its rights or perform its obligations hereunder. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"confidentiality","value":"unknown","description":"On expiration or termination of this Agreement, the Receiving Party shall promptly return to the Disclosing Party all copies, whether in written, electronic, or other form or media, of the Disclosing Party's Confidential Information, or destroy all such copies and certify in writing to the Disclosing Party that such Confidential Information has been destroyed. Each Party's obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five years after the expiration or termination of this Agreement; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"unknown","description":" circumstances, we may preserve and share your information: in response to requests from third parties, law enforcement, or other governmental authorities; to promote the safety, security, and integrity of the Services, network, our users, employees, and the public Basic Information, Account Information, Communications, App, browser, and device information, Services usage data Legitimate Interests — specifically, it is in our interest and the interest of the general public to prevent and address fraud, unauthorized use of the Services, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our personnel and property or the Service) our users or others, to defend our legal rights and resolve disputes, to secure our platform and network, to verify accounts and activity, to combat harmful conduct, to prevent and address fraud, abuse and other bad experiences, to prevent death or imminent bodily harm \n To research and innovate Basic Information, Account Information, Communications, Service Usage Data Legitimate Interests — specifically, it is in our interest and our users interest to improve and iterate our Services through information obtained from users, surveys, reviews, and feedback ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"unknown","description":" We do not sell or share your personal information with third parties for targeted advertising purposes, nor have we done so in the past 12 months. We also do not have actual knowledge that we sell or share for targeted advertising purposes personal information about individuals under 16 years old. We work with service providers and other third parties to help us provide our Services, and as a result we need to provide certain information with these third parties as described below.\n We disclose, and in the past 12 months, we've disclosed, the categories of personal data set forth in Section 1 with the following categories of third parties:\n Third Party Service Providers — We provide personal information to third party service providers who help us provide our Services.\n Other Third Parties — Certain features allow you to display or share information with other users or third parties. For example, you may share Devin AI conversations with other users via shared links. Be sure you trust any user or third party with whom you share information.\n Professional Advisors, authorities, and regulators — We share your information with our advisors, regulators, tax authorities, law enforcement, and government agencies to: Respond pursuant to applicable law or regulations, court orders, legal process or government requests;\n Comply with our reporting and information sharing obligations and regulatory authorities;\n Detect, investigate, prevent, or address fraud and other illegal activity or security and technical issues; and\n Protect the rights, property, safety of us, our users, or others, including to prevent death or imminent bodily harm.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"unknown","description":" Your employer or related organisation — If you create an account using an email address belonging or relating to your employer or another organisation, we may share the fact that you have an account and certain account information (such as your email address) with your employer or organisation to, for example, enable you to be added to their business or enterprise account. In addition, administrators of any enterprise or business account may be able to access certain information associated with your account, including your User Content, and be able to control your account and such information.\n To our affiliates or others within our corporate group , as a matter of our legitimate interests to efficiently provide the Services.\n Asset Transfer or Company Acquisition — We may choose to buy or sell assets, and may share and/or transfer information about our users in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, merged, reorganized, or if we go out of business, enter bankruptcy, or go through some other change of control or similar event, your personal information could be transferred in connection with that transaction.\n When you request or direct us to disclose information , with your consent or to perform our contract with you.\n Our Services may contain links to other websites not operated or controlled by Cognition AI, Inc, including social media services (“Third-Party Sites”). ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"unknown","description":"The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"audit_rights_dpa_residency","value":"unknown","description":" To facilitate our operations, Cognition, our third-party partners, and service providers may transfer, store, and process your personal information throughout the world, including the EU, UK and the US. If you reside in the EEA, Switzerland, or the United Kingdom, we rely upon certain legal mechanisms to facilitate these transfers of your personal information, including in some cases the European Commission's Standard Contractual Clauses and relevant local clauses (e.g., the UK's International Data Transfer Addendum) to facilitate the international and onward transfer of European personal data to third countries. You can contact us at the address below to view a copy or request more information about these mechanisms.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"audit_rights_dpa_residency","value":"unknown","description":" Depending on where you live, you may be able to exercise certain privacy rights related to your personal information. If any of the rights listed below are not provided for under law for your jurisdiction, we have absolute discretion in providing these rights.\n Right to access/know and portability : You may have the right to request that we provide you a copy of your personal information held by us, or for details relating to the ways in which we use and disclose your personal information, and how we have used or disclosed your personal information in the past. You may also have the right to request that we provide certain personal information in a structured, commonly used, machine-readable format and make this available to you or a designated third party.\n Right to deletion/erasure : You may have the right to request to erase your personal information. If you end your Services, we will retain or delete information associated with your account as described in Section 5.\n Right to rectification/correction : You may have the right to request us to rectify or update any of your personal information that is incomplete or inaccurate.\n Right to object or restrict processing : You may have the right to restrict or object to us using or transferring your personal information based on our legitimate interests, in the public interest or for direct marketing. We may continue to process your personal information where permitted or required by applicable law.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"audit_rights_dpa_residency","value":"unknown","description":" Right to withdraw your consent : To the extent processing of your personal information is based on your consent, you may withdraw your consent at any time. The lawfulness of our processing before you withdraw your consent will not be affected by such withdrawal.\n Right to Appeal : If we deny your request, you may have the right to appeal our decision regarding your privacy request.\n Right to lodge a complaint : You have the right to lodge a complaint with your local data protection authority.\n You may submit a request to exercise these rights by contacting us at privacy@cognition.ai . We will not discriminate against you for exercising any of your rights provided to you under law. To protect your privacy and security, we may take steps to verify your identity before complying with your request, including to ask for further information, and we may decline your request if we are unable to verify your identity.\n Under certain US data privacy laws, you may also designate an authorized agent to make these requests on your behalf. Before accepting a request from an agent, we will require that the agent provide proof that you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.\n The above rights are not absolute, and may only apply or be denied in certain circumstances. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" 12.1 Notices: All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the second business day after mailing; or (iii) the second business day after sending by email. Notices shall be sent to the notice addresses on the Order Form.\n 12.2 Force Majeure: In no event shall Licensor be liable to Customer, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond Licensor's reasonable control, including but not limited to acts of God, pandemic, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. Licensor may terminate this Agreement immediately with notice if Licensor reasonably believes or determines that the provision of the Services to Customer is prohibited by applicable law, and shall promptly provide Customer a refund of unused prepaid fees.\n 12.3 Independent Contractor: Each party agrees that its relationship with the other party is that of an independent contractor and that nothing in this Agreement should be construed to create a partnership, joint venture, or employer-employee relationship. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" These Enterprise Terms of Service (“Terms”) govern the relationship between Cognition AI, Inc. (“Licensor”, “we”, “us”) and the entity or person (“Customer”, “you”, “your”) using or accessing Licensor's software offerings. Please carefully read these Terms. These Terms refer to and incorporate any written purchase document executed by you and Licensor (“Order Form(s)”). Together, the Terms and Order Form(s) form a single binding agreement between you and Licensor (the “Agreement”).\n You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" 11.1 Binding Arbitration: IN THE EVENT A DISPUTE, CONTROVERSY, OR CLAIM ARISES OUT OF OR RELATING TO THESE TERMS (“DISPUTE”), THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. The parties will first try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by binding arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator. The arbitration will be conducted in English in New York, New York, USA. By agreeing to mandatory arbitration as set forth herein, you and Licensor knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim, except that either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision regarding the Dispute.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"73e4cb9690c7d9364db5320ef5d5473461adb046f007b89ce5144ace8ea0cd89"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/legal/enterprise-terms-of-service"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" These Terms of Service (“Terms”) govern your use of Devin Core and Devin Teams, and other software offerings (“Services”) that we may offer to individuals or entities who register for and use our Services by signing up directly through our website ( www.devin.ai or app.devin.ai), as opposed to customers with custom agreements (“Self-Serve Customers”, “Customer”). Please carefully read these Terms, along with our Privacy Policy , which outlines how we handle your data. These Terms refer to and incorporate any written purchase document executed by you and Cognition (“Order Form(s)”) signed by you and Cognition. Together with the Terms, the Privacy Policy and Order Forms form a single binding agreement between you and Cognition (the “Agreement”). Throughout these terms, Authorized User means your employees, consultants, and agents (i) who are expressly authorized by you to access and use the Services under and in accordance with the rights granted to you pursuant to this Agreement; and (ii) for whom access to the Services has been purchased.\n You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms. These Terms may be updated and presented again to the Self-Serve Customer from time to time. All changes will be effective as of the “Last Updated” date stated at the top of this page. Continued use of the Services constitutes acceptance of the updated terms. If you do not agree with this Agreement, please stop using or accessing the Services.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" 11.1 IN THE EVENT A DISPUTE, CONTROVERSY, OR CLAIM ARISES OUT OF OR RELATING TO THESE TERMS (“DISPUTE”), THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. The parties will first try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by binding arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator. The arbitration will be conducted in English in New York, New York, USA. By agreeing to mandatory arbitration as set forth herein, you and Cognition knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim, except that either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision regarding the Dispute.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" If you have any questions or concerns regarding this Privacy Policy, or if you have a complaint, please contact us at privacy@cognition.ai .","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" 12.1 Notices: All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) must be in writing and addressed to the applicable party.\n 12.2 Force Majeure: In no event shall Cognition be liable to Customer, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond Cognition's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.\n 12.3 Independent Contractor: Each party agrees that its relationship with the other party is that of an independent contractor and that nothing in this Agreement should be construed to create a partnership, joint venture, or employer-employee relationship. Neither party shall be responsible to the other party and neither party has the authority to act for, bind, or incur any debts or liabilities on behalf of the other party.\n 12.4 Modifications: Cognition may update these Terms by providing you with reasonable notice of the updates, including by posting the updates on our website. We will provide you with at least thirty (30) day written notice before any changes that we determine, in our sole discretion, materially impact your rights or obligations, unless the changes are made to comply with applicable law in which case we will provide reasonable notice. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":"Continued use of the Services constitutes acceptance of the updated terms. If you do not agree to the update, please stop using the Services.\n 12.5 Severability: If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.\n 12.6 Governing Law: This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York.\n 12.7 Assignment: You may not assign any of your rights or delegate any of your obligations hereunder.\n 12.8 Equitable Relief: Each party acknowledges and agrees that a breach or threatened breach by such party of any of its obligations under Section 6 or, in the case of Customer, Section 2.3, would cause the other party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other party will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"20ac8dc25bba50feadba07192eb98a2fa3874c4dc96e02981c21afe6c73eb86a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"}]}]}}