Devin (Cognition AI) policy evolution

“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.”

“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. 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: Third Party Service Providers — We provide personal information to third party service providers who help us provide our Services. 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. 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; Comply with our reporting and information sharing obligations and regulatory authorities; Detect, investigate, prevent, or address fraud and other illegal activity or security and technical issues; and Protect the rights, property, safety of us, our users, or others, including to prevent death or imminent bodily harm.”

“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. To our affiliates or others within our corporate group , as a matter of our legitimate interests to efficiently provide the Services. 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. When you request or direct us to disclose information , with your consent or to perform our contract with you. Our Services may contain links to other websites not operated or controlled by Cognition AI, Inc, including social media services (“Third-Party Sites”).”

“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. Why and how we use your information Information categories used Legal basis of processing (where applicable) To create and maintain your account Basic Information and Account Information Necessary to perform our contract with you 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 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 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.”

“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.”

“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. 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. 3.3 Data Usage and Rights: 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.”

“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. 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. 3.3 Data Usage and Rights: 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.”

“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. 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. 3.3 Data Usage and Rights: 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.”

“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. 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. 3.3 Data Usage and Rights: 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.”

“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”). 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.”

“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.”

“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.”

“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. 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.”

“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. 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.”

“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.”

“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. 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.”

“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.”

“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. 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.”