{"platform":"Devin (Cognition AI)","slug":"devin","category":"Developer / Coding","website":"https://cognition.ai","risk_rating":"high","verification":"fully_verified","verification_detail":{"tier":"fully_verified","partial_reason_code":"none","partial_reason_label":"Complete","blocked_core_documents":[]},"rating":{"value":"high","unknown_reason_code":"none","unknown_reason_label":"Rated"},"corpus_status":"corpus_complete","canonical":"https://airinetwork.com/platform/devin","machine_url":"https://airinetwork.com/api/machine/platform/devin","last_reviewed":"2026-07-20","findings_count":63,"findings":[{"surface":"prompt_ownership","risk":"ambiguous","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","structural_citation":"§ 3.1","citation_basis":"section_number","char_start":9717,"char_end":11240,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"prompt_ownership","risk":"low","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","structural_citation":"§ 1.7","citation_basis":"section_number","char_start":2251,"char_end":3722,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%201.1%20Cognition%20IP%3A,hard%20copy%20form.%20","structural_citation":"§ 1.1","citation_basis":"section_number","char_start":2022,"char_end":3473,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"prompt_ownership","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 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 herewith, “Feedback”), Cognition is free to use such Feedback irrespective of any other obligation or limitation governing such Feedback. 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%203.5%20Feedback%3A%20Upon,be%20Cognition%26%23x27%3Bs%20Confidential%20Information.","structural_citation":"§ 3.5","citation_basis":"section_number","char_start":11316,"char_end":12623,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"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.","structural_citation":"§ 3.1","citation_basis":"section_number","char_start":9935,"char_end":10269,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"training_use","risk":"low","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","structural_citation":"§ 3.3","citation_basis":"section_number","char_start":11240,"char_end":13037,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"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.","structural_citation":"§ 3.3","citation_basis":"section_number","char_start":11267,"char_end":11853,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"training_use","risk":"medium","confidence":"high","tier":"All","verified":true,"quote":" 3.3 Data Usage and Rights: \n 3.3.1 Use of Customer Data: Cognition may use Customer Data for model training purposes and to improve and enhance the Services. If you subscribe to a paid Service Tier, you may opt out of this use (“Opt-Out”). Following an Opt-Out election: (A) Customer Data will not be used for any other purpose, including training language models; and (B) Zero Data Retention will be enabled with our model providers. For the Teams Service Tier, only an administrator may exercise the Opt-Out.\n 3.3.2 Usage Data: Cognition reserves the right to collect, analyze, and utilize Usage Data for operational, analytical, and improvement purposes. Cognition owns all right, title, and interest in and to the Usage Data.\n 3.3.3 Abuse and Legal Process: ZDR does not preclude retention or disclosure of Customer Data (i) flagged on automated safety and abuse-detection classifiers; (ii) to perform safety, security, and AUP compliance review; or (iii) as compelled by applicable law or legal process.\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","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%203.3%20Data%20Usage,content%20and%20timeline.%20","structural_citation":"§ 3.3","citation_basis":"section_number","char_start":9839,"char_end":11316,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"commercial_use","risk":"low","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","structural_citation":"§ 2.3","citation_basis":"section_number","char_start":5787,"char_end":7254,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"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 result 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%202.1%20Rights%20Granted%3A,with%20such%20provisions.%20","structural_citation":"§ 2.1","citation_basis":"section_number","char_start":4308,"char_end":5861,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"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 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) your actions risk harm to any of our other customers or the security, availability, or integrity of the Services; 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.\n","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%202.3%20Restrictions%3A%20You,or%20similar%20proceeding.%20","structural_citation":"§ 2.3","citation_basis":"section_number","char_start":5861,"char_end":7611,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"privacy_data_use","risk":"low","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.","structural_citation":"§ 1.12","citation_basis":"section_number","char_start":3722,"char_end":4191,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"privacy_data_use","risk":"medium","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 (cognition.com), 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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20This%20Privacy%20Policy,us%20at%20privacy%40cognition.ai%20.","structural_citation":"Privacy Policy › “Close”","citation_basis":"heading_path","char_start":88,"char_end":1457,"retrieved_at":"2026-07-20T00:12:54.6815+00:00"}},{"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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20collect%2C%20and,personal%20information%20about%20you%3A","structural_citation":"§ 1 (Information we collect)","citation_basis":"section_number","char_start":1495,"char_end":1595,"retrieved_at":"2026-07-20T00:12:54.6815+00:00"}},{"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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20Contact%20Information%20First,unless%20otherwise%20stated.%20","structural_citation":"Privacy Policy › “Information you provide to us Description”","citation_basis":"heading_path","char_start":1640,"char_end":2366,"retrieved_at":"2026-07-20T00:12:54.6815+00:00"}},{"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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20Personal%20information%20does,to%20re-identify%20the%20information.","structural_citation":"Privacy Policy › “Information you provide to us Description”","citation_basis":"heading_path","char_start":2369,"char_end":2595,"retrieved_at":"2026-07-20T00:12:54.6815+00:00"}},{"surface":"privacy_data_use","risk":"medium","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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20use%20your,contract%20with%20you.%20","structural_citation":"§ 2 (How we use your information)","citation_basis":"section_number","char_start":2636,"char_end":4389,"retrieved_at":"2026-07-20T00:12:54.6815+00:00"}},{"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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=Legitimate%20Interests%20%E2%80%94%20specifically%2C,and%20depending%20on%20the","structural_citation":"§ 2 (How we use your information)","citation_basis":"section_number","char_start":4389,"char_end":6176,"retrieved_at":"2026-07-20T00:12:54.6815+00:00"}},{"surface":"privacy_data_use","risk":"medium","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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20circumstances%2C%20we%20may,reviews%2C%20and%20feedback%20","structural_citation":"§ 2 (How we use your information)","citation_basis":"section_number","char_start":6176,"char_end":7430,"retrieved_at":"2026-07-20T00:12:54.6815+00:00"}},{"surface":"privacy_data_use","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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20retain%20your,deletion%20of%20your%20information.","structural_citation":"§ 5 (Retention)","citation_basis":"section_number","char_start":11427,"char_end":12169,"retrieved_at":"2026-07-20T00:12:54.6815+00:00"}},{"surface":"privacy_data_use","risk":"low","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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%204.1%20Data%20Security%3A,of%20Authorized%20Users.%20","structural_citation":"§ 4.1","citation_basis":"section_number","char_start":12657,"char_end":14358,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"moderation_enforcement","risk":"low","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","structural_citation":"§ 2.1","citation_basis":"section_number","char_start":4219,"char_end":5787,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"moderation_enforcement","risk":"medium","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","structural_citation":"§ 2.5","citation_basis":"section_number","char_start":7254,"char_end":8744,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"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.","structural_citation":"§ 2.5","citation_basis":"section_number","char_start":7271,"char_end":8417,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"moderation_enforcement","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.\n 2.6 Acceptable Use Policy: Your use of the Services is subject to Cognition's Acceptable Use Policy (“AUP”), available at cognition.ai/aup or such other URL as Cognition may designate. Violation of the AUP may result in suspension or termination of your access to the Services in Cognition's sole discretion.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%202.5%20Availability%3A%20The,in%20Cognition%26%23x27%3Bs%20sole%20discretion.","structural_citation":"§ 2.5","citation_basis":"section_number","char_start":7611,"char_end":8154,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" These Terms of Service (“Terms”) govern your use of the Cognition Platform, and other software offerings (“Services”) that Cognition AI, Inc. (“Cognition,” “we,” “us,” or “our”) may offer to individuals or entities who register for and use our Services (each a “Customer”, “you” or “your”). Please carefully read these Terms, along with our Privacy Policy , which outlines how we handle your data. These Terms and the Privacy Policy 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. If you do not agree with this Agreement, please stop using or accessing the Services.\n In some cases, you may have licensed the Services from Exafunction, Inc., and in such cases, unless you have received notice that your license has been assigned to Cognition AI, Inc., references herein to “Cognition,” “we,” “us,” or “our” shall mean Exafunction, Inc.\n You must be at least 13 years old to use the Services. By agreeing to these Terms, you represent and warrant that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Services; and (c) your registration and use of the Services complies with all applicable laws and regulations.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%20These%20Terms%20of,applicable%20laws%20and%20regulations.","structural_citation":"Terms of Service › “Previous version”","citation_basis":"heading_path","char_start":391,"char_end":1997,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"data_retention","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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20implement%20commercially,at%20your%20own%20risk.","structural_citation":"§ 4 (Security)","citation_basis":"section_number","char_start":11005,"char_end":11404,"retrieved_at":"2026-07-20T00:12:54.6815+00:00"}},{"surface":"data_retention","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 7.1 Term: The term (“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, and will automatically renew for successive periods of the same duration unless you cancel the Service or we terminate it. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGES FOR THE NEXT SUBSCRIPTION PERIOD.\n 7.2 Subscription Termination: 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%207.1%20Term%3A%20The,associated%20with%20your%20account.","structural_citation":"§ 7.1","citation_basis":"section_number","char_start":19768,"char_end":21046,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"indemnity_liability","risk":"low","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","structural_citation":"§ 9.1","citation_basis":"section_number","char_start":23782,"char_end":25370,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"indemnity_liability","risk":"low","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.","structural_citation":"§ 9.3","citation_basis":"section_number","char_start":27056,"char_end":27343,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"indemnity_liability","risk":"medium","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.","structural_citation":"§ 10.1","citation_basis":"section_number","char_start":27382,"char_end":28886,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"indemnity_liability","risk":"low","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","structural_citation":"§ 12.1","citation_basis":"section_number","char_start":30485,"char_end":31935,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"indemnity_liability","risk":"medium","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.","structural_citation":"§ 8.1","citation_basis":"section_number","char_start":22228,"char_end":23753,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"indemnity_liability","risk":"medium","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","structural_citation":"§ 9.1","citation_basis":"section_number","char_start":25370,"char_end":27056,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"indemnity_liability","risk":"medium","confidence":"high","tier":"All","verified":true,"quote":" 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%20consents%20to%20such,its%20own%20choice.%20","structural_citation":"§ 9.2","citation_basis":"section_number","char_start":26440,"char_end":26667,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"You agree to indemnify us against any suits, actions, claims, or proceedings arising from an Authorized User, data protection authority, or other third party with regard to these obligations.\n 4.2 Personal Data: If you use the Services to process personal data, you must obtain necessary consents for processing of personal data by the Services and process such personal data in accordance with applicable data protection laws. If processing “personal data” or “personal information” as defined under applicable data protection laws, Cognition's Data Processing Addendum posted at cognition.ai/dpa shall apply. 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=You%20agree%20to%20indemnify,in%20using%20the%20Services.","structural_citation":"§ 4.1","citation_basis":"section_number","char_start":14358,"char_end":15178,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"indemnity_liability","risk":"medium","confidence":"high","tier":"All","verified":true,"quote":" 8.1 THE COGNITION IP, SERVICES, AND DOCUMENTATION 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 YOUR 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.\n 8.2 Output Disclaimer. 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. Outputs may be inaccurate or inappropriate for your intended use cases, and Cognition disclaims all liability for any consequences arising from your use of, or reliance on, Output. Where Output includes any assessment, review, analysis, evaluation, or examination of code, configurations, security posture, vulnerabilities, defects, or other artifacts, you acknowledge that Cognition makes no representation or warranty that such Output identifies, surfaces, or addresses all relevant issues, vulnerabilities, defects, errors, security risks, compliance gaps, or other matters that may exist. ","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%208.1%20THE%20COGNITION,that%20may%20exist.%20","structural_citation":"§ 8.1","citation_basis":"section_number","char_start":21079,"char_end":22708,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"indemnity_liability","risk":"medium","confidence":"high","tier":"All","verified":true,"quote":"Such Output is provided as a non-exhaustive aid only and is not a substitute for your own review, testing, audit, or other independent verification. Cognition disclaims all liability for any issues, vulnerabilities, defects, errors, security risks, or other matters not identified, surfaced, or addressed by such Output.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=Such%20Output%20is%20provided,addressed%20by%20such%20Output.","structural_citation":"§ 8.2","citation_basis":"section_number","char_start":22708,"char_end":23028,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"indemnity_liability","risk":"medium","confidence":"high","tier":"All","verified":true,"quote":" 9.1 Cognition Indemnification: This Section 9.1 applies only to Customers on the Paid Service Tiers and does not apply to Customers on the Free Service Tier. Subject to the foregoing, Cognition shall defend Customer against any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Services, when used in accordance with the terms of 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 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%209.1%20Cognition%20Indemnification%3A,notice%20to%20Customer.%20","structural_citation":"§ 9.1","citation_basis":"section_number","char_start":23057,"char_end":24641,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"indemnity_liability","risk":"medium","confidence":"high","tier":"All","verified":true,"quote":"This Section 9.1 will not apply, and Cognition shall have no obligation, with respect to any Third-Party Claim arising from or relating to: (i) compliance with Customer designs, specifications, or requirements; (ii) use of the Services in combination with software or equipment not supplied by Cognition, to the extent the infringement arises from such other software or equipment; (iii) any adaptation or modification of the Services other than by Cognition; (iv) Customer's failure to comply with the Documentation or otherwise follow instructions provided by Cognition which would have cured the cause of action; (v) use of the Services in a manner not authorized by this Agreement; (vi) Customer's continued use of a version of the Services other than the most recently released version or of an infringing item after a non-infringing replacement has been provided; or (vii) Customer Data.\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","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=This%20Section%209.1%20will,against%20Cognition%20unless%20Cognition","structural_citation":"§ 9.1","citation_basis":"section_number","char_start":24641,"char_end":26440,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%209.3%20Sole%20Remedy%3A,OF%20ANY%20THIRD%20PARTY.","structural_citation":"§ 9.3","citation_basis":"section_number","char_start":26667,"char_end":26955,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"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.\n 10.2 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 GREATER OF (A) THE TOTAL AMOUNTS PAID TO COGNITION UNDER THIS AGREEMENT IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS (US$100).","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%2010.1%20NOTWITHSTANDING%20ANYTHING,ONE%20HUNDRED%20DOLLARS%20(US%24100).","structural_citation":"§ 10.1","citation_basis":"section_number","char_start":26994,"char_end":28330,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"confidentiality","risk":"low","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.","structural_citation":"§ 6.2","citation_basis":"section_number","char_start":18748,"char_end":20101,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"confidentiality","risk":"low","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","structural_citation":"§ 3.5","citation_basis":"section_number","char_start":13037,"char_end":13114,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"confidentiality","risk":"low","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","structural_citation":"§ 6.2","citation_basis":"section_number","char_start":18646,"char_end":18748,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"confidentiality","risk":"low","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","structural_citation":"§ 6.1","citation_basis":"section_number","char_start":16858,"char_end":18646,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"confidentiality","risk":"low","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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%206.1%20Confidential%20Information%3A,its%20obligations%20hereunder.%20","structural_citation":"§ 6.1","citation_basis":"section_number","char_start":17088,"char_end":18808,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"confidentiality","risk":"low","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 commencement of Services 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=On%20expiration%20or%20termination,protection%20under%20applicable%20law.","structural_citation":"§ 6.2","citation_basis":"section_number","char_start":18808,"char_end":19734,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"subprocessors_data_sharing","risk":"medium","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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20do%20not,or%20imminent%20bodily%20harm.","structural_citation":"§ 3 (How and why we share your information)","citation_basis":"section_number","char_start":7483,"char_end":9144,"retrieved_at":"2026-07-20T00:12:54.6815+00:00"}},{"surface":"subprocessors_data_sharing","risk":"medium","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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=The%20information%20that%20you,privacy%20practices%20and%20policies.","structural_citation":"§ 3 (How and why we share your information)","citation_basis":"section_number","char_start":10612,"char_end":10983,"retrieved_at":"2026-07-20T00:12:54.6815+00:00"}},{"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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5","wayback_url":null,"deep_link":"https://cognition.ai/privacy-policy#:~:text=%20Depending%20on%20where,by%20applicable%20law.%20","structural_citation":"§ 8 (Your privacy rights and choices)","citation_basis":"section_number","char_start":13260,"char_end":14733,"retrieved_at":"2026-07-20T00:12:54.6815+00:00"}},{"surface":"governing_law_disputes","risk":"low","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.","structural_citation":"“Close”","citation_basis":"heading_path","char_start":101,"char_end":708,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"governing_law_disputes","risk":"medium","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.","structural_citation":"§ 12.8","citation_basis":"section_number","char_start":33418,"char_end":34640,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"governing_law_disputes","risk":"low","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","structural_citation":"§ 12.3","citation_basis":"section_number","char_start":31935,"char_end":33418,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"governing_law_disputes","risk":"low","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.","structural_citation":"§ 7.3","citation_basis":"section_number","char_start":21749,"char_end":22181,"retrieved_at":"2026-06-07T01:59:43.649742+00:00"}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" This update may include material changes to your prior Terms of Service, and in such case, the prior terms shall control until 30 days from the posting of these Terms. You agree that by accessing the Services thereafter, these Terms shall govern your use of the Services.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%20This%20update%20may,use%20of%20the%20Services.","structural_citation":"Terms of Service › “Close”","citation_basis":"heading_path","char_start":99,"char_end":371,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"governing_law_disputes","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 a fee dispute, you will deliver a written statement to Cognition no later than 10 business days following the date on which such fee is paid 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%205.3%20Refund%20Policy%3A,and%20the%20disputed%20amount.","structural_citation":"§ 5.3","citation_basis":"section_number","char_start":16684,"char_end":17059,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"governing_law_disputes","risk":"medium","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.\n","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%2011.1%20IN%20THE,regarding%20the%20Dispute.%20","structural_citation":"§ 11.1","citation_basis":"section_number","char_start":28389,"char_end":29882,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"governing_law_disputes","risk":"medium","confidence":"high","tier":"All","verified":true,"quote":" 11.2 Class Action Waiver. YOU AND COGNITION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Unless both you and Cognition agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, or representative proceeding. If this class action waiver provision is found to be unenforceable in any particular proceeding, then the entire arbitration provision in Section 11.1 will be null and void as to such proceeding, and the parties' dispute will instead be resolved in accordance with Section 12.6.\n 11.3 Notice of Arbitration. Before initiating arbitration, a party must first send a written notice of the Dispute to the other party by certified U.S. Mail or by a recognized courier requiring signature on delivery (“Notice of Arbitration”). Cognition's address for Notice of Arbitration is: Cognition AI, Inc., 550 Third Street, San Francisco, CA 94107. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe in detail the particular nature and basis of the claim or Dispute; and (c) set forth the specific relief sought. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement within 30 days after the Notice of Arbitration is received, either party may commence an arbitration proceeding under Section 11.1.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%2011.2%20Class%20Action,proceeding%20under%20Section%2011.1.","structural_citation":"§ 11.2","citation_basis":"section_number","char_start":29882,"char_end":31459,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"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 you, 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) days written notice (including by posting the updates on our website) 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%2012.1%20Notices%3A%20All,provide%20reasonable%20notice.%20","structural_citation":"§ 12.1","citation_basis":"section_number","char_start":31487,"char_end":33213,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"governing_law_disputes","risk":"medium","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. In the event that the dispute resolution mechanisms in Section 11 do not apply for any reason, the parties agree that venue for any dispute shall lie exclusively in the State and Federal courts 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=Continued%20use%20of%20the,an%20adequate%20remedy.%20","structural_citation":"§ 12.4","citation_basis":"section_number","char_start":33213,"char_end":34979,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" This Section 13 applies only to individual users signing up directly to the Service in their personal capacity. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%20This%20Section%2013,use%20of%20the%20Services.","structural_citation":"§ 13 (Notice to California residents)","citation_basis":"section_number","char_start":36553,"char_end":37114,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" For users who have formerly enrolled for use of Devin Desktop (fka Windsurf) under Exafunction, Inc., the terms “Cognition,” “we,” “us,” or “our” refer to Exafunction, Inc, and not Cognition AI, Inc., unless otherwise assigned pursuant to the terms hereof.","caution":null,"provenance":{"source_url":"https://cognition.ai/terms-of-service","snapshot_sha256":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c","wayback_url":null,"deep_link":"https://cognition.ai/terms-of-service#:~:text=%20For%20users%20who,to%20the%20terms%20hereof.","structural_citation":"§ 14 (Exafunction Users)","citation_basis":"section_number","char_start":37146,"char_end":37403,"retrieved_at":"2026-07-20T00:12:55.408538+00:00"}}],"documents":[{"doc_type":"privacy","pdf_page_count":null,"extraction_method":"static","page_level_citations":false,"last_captured":"2026-07-20","last_verified_scan":"2026-07-20","verified_scan_count":2},{"doc_type":"terms","pdf_page_count":null,"extraction_method":"static","page_level_citations":false,"last_captured":"2026-07-20","last_verified_scan":"2026-07-20","verified_scan_count":2},{"doc_type":"other","pdf_page_count":null,"extraction_method":null,"page_level_citations":false,"last_captured":"2026-07-03","last_verified_scan":"2026-07-03","verified_scan_count":2}],"clause_intelligence":{"clauses_count":115,"risk_patterns_count":59,"stance_events_count":59,"patterns_by_family":{"dispute_resolution":3,"ip_license":13,"ip_ownership":8,"legal_burden":9,"privacy_sharing":21,"training_use":5},"risk_summary":{"medium":36,"high":15,"low":8},"evidence":[{"pattern_key":"arbitration_or_class_waiver","pattern_family":"dispute_resolution","risk_rating":"medium","confidence":"high","stance_key":"dispute_terms","stance_value":"arbitration_or_waiver","evidence":"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. 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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.","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=%203.1%20Ownership%3A%20Cognition,laws%20or%20regulations.%20","structural_citation":"§ 3.1","citation_basis":"section_number","char_start":8205,"char_end":9839}},{"pattern_key":"platform_claims_ownership","pattern_family":"ip_ownership","risk_rating":"high","confidence":"high","stance_key":"content_ownership","stance_value":"platform_claims_or_reserves_rights","evidence":"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 t...","reason":"The clause appears to reserve or claim ownership rights for the platform.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"moderation_enforcement","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.","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%202.5%20Suspension%3A%20We,suspension%20is%20resolved.%20","structural_citation":"§ 2.5","citation_basis":"section_number","char_start":7254,"char_end":8744}},{"pattern_key":"platform_claims_ownership","pattern_family":"ip_ownership","risk_rating":"high","confidence":"high","stance_key":"content_ownership","stance_value":"platform_claims_or_reserves_rights","evidence":"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 d...","reason":"The clause appears to reserve or claim ownership rights for the platform.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"moderation_enforcement","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.","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=We%20reserve%20the%20right,dissolution%2C%20or%20similar%20proceeding.","structural_citation":"§ 2.5","citation_basis":"section_number","char_start":7271,"char_end":8417}},{"pattern_key":"platform_claims_ownership","pattern_family":"ip_ownership","risk_rating":"high","confidence":"medium","stance_key":"content_ownership","stance_value":"platform_claims_or_reserves_rights","evidence":"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 otherwi...","reason":"The clause appears to reserve or claim ownership rights for the platform.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"training_use","quote":"2.3 Restrictions: You may not use the Services for any purposes beyond the scope of the access granted in this Agreement. 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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 otherwi...","reason":"The clause appears to reserve or claim ownership rights for the platform.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"commercial_use","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”). 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) your actions risk harm to any of our other customers or the security, availability, or integrity of the Services; 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.","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=%202.3%20Restrictions%3A%20You,or%20similar%20proceeding.%20","structural_citation":"§ 2.3","citation_basis":"section_number","char_start":5861,"char_end":7611}},{"pattern_key":"user_retains_ownership","pattern_family":"ip_ownership","risk_rating":"low","confidence":"high","stance_key":"content_ownership","stance_value":"user_retains_rights","evidence":"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.","reason":"The clause affirms user ownership or retention of rights.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"output_ownership","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.","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=As%20between%20the%20parties,provided%20to%20other%20customers.","structural_citation":"§ 3.1","citation_basis":"section_number","char_start":9935,"char_end":10269}},{"pattern_key":"user_retains_ownership","pattern_family":"ip_ownership","risk_rating":"low","confidence":"high","stance_key":"content_ownership","stance_value":"user_retains_rights","evidence":"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 applic...","reason":"The clause affirms user ownership or retention of rights.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"output_ownership","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. 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.","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%203.1%20Ownership%3A%20Licensor,laws%20or%20regulations.%20","structural_citation":"§ 3.1","citation_basis":"section_number","char_start":9717,"char_end":11240}},{"pattern_key":"user_retains_ownership","pattern_family":"ip_ownership","risk_rating":"low","confidence":"medium","stance_key":"content_ownership","stance_value":"user_retains_rights","evidence":"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 ...","reason":"The clause affirms user ownership or retention of rights.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"training_use","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. 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.","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=%203.1%20Ownership%3A%20Cognition,enhance%20the%20Services.%20","structural_citation":"§ 3.1","citation_basis":"section_number","char_start":7139,"char_end":8716}},{"pattern_key":"user_retains_ownership","pattern_family":"ip_ownership","risk_rating":"low","confidence":"high","stance_key":"content_ownership","stance_value":"user_retains_rights","evidence":"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. Cognition assigns to you all right, title, and interest in Output. You own all right, title, and interest, including all intellectual property rights, in and to Customer Data, includ...","reason":"The clause affirms user ownership or retention of rights.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"output_ownership","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. Cognition assigns to you all right, title, and interest in Output. 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. You acknowledge that Outputs are generated automatically by machine learning technology and may be similar to or the same as Outputs provided to other customers; no rights to any Outputs generated for or provided to other customers are granted to you under these Terms. 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.","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=%203.1%20Ownership%3A%20Cognition,laws%20or%20regulations.%20","structural_citation":"§ 3.1","citation_basis":"section_number","char_start":8205,"char_end":9839}},{"pattern_key":"liability_limitation","pattern_family":"legal_burden","risk_rating":"medium","confidence":"high","stance_key":"legal_burden","stance_value":"liability_limited","evidence":"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.","reason":"The clause limits liability or disclaims warranties.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"indemnity_liability","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.","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=If%20Licensor%20gives%20Customer,to%20any%20Beta%20Products.","structural_citation":"§ 2.8","citation_basis":"section_number","char_start":9313,"char_end":9513}},{"pattern_key":"indemnity_obligation","pattern_family":"legal_burden","risk_rating":"medium","confidence":"high","stance_key":"legal_burden","stance_value":"indemnity","evidence":"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 ...","reason":"The clause requires defense, indemnity, or hold-harmless obligations.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"indemnity_liability","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. 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.","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=Notwithstanding%20the%20foregoing%2C%20this,its%20own%20choice.%20","structural_citation":"§ 9.1","citation_basis":"section_number","char_start":25370,"char_end":27056}},{"pattern_key":"indemnity_obligation","pattern_family":"legal_burden","risk_rating":"medium","confidence":"high","stance_key":"legal_burden","stance_value":"indemnity","evidence":"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&...","reason":"The clause requires defense, indemnity, or hold-harmless obligations.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"indemnity_liability","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.","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%209.1%20Licensor%20Indemnification%3A,notice%20to%20Customer.%20","structural_citation":"§ 9.1","citation_basis":"section_number","char_start":23782,"char_end":25370}},{"pattern_key":"liability_limitation","pattern_family":"legal_burden","risk_rating":"medium","confidence":"high","stance_key":"legal_burden","stance_value":"liability_limited","evidence":"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 stand...","reason":"The clause limits liability or disclaims warranties.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"indemnity_liability","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. 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.","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%208.1%20Limited%20Mutual,CONNECTION%20WITH%20HIGH-RISK%20ACTIVITIES.","structural_citation":"§ 8.1","citation_basis":"section_number","char_start":22228,"char_end":23753}},{"pattern_key":"liability_limitation","pattern_family":"legal_burden","risk_rating":"medium","confidence":"high","stance_key":"legal_burden","stance_value":"liability_limited","evidence":"8.1 THE COGNITION IP, SERVICES, AND DOCUMENTATION 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 DE...","reason":"The clause limits liability or disclaims warranties.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"indemnity_liability","quote":"8.1 THE COGNITION IP, SERVICES, AND DOCUMENTATION 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 YOUR 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. 8.2 Output Disclaimer. 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. Outputs may be inaccurate or inappropriate for your intended use cases, and Cognition disclaims all liability for any consequences arising from your use of, or reliance on, Output. Where Output includes any assessment, review, analysis, evaluation, or examination of code, configurations, security posture, vulnerabilities, defects, or other artifacts, you acknowledge that Cognition makes no representation or warranty that such Output identifies, surfaces, or addresses all relevant issues, vulnerabilities, defects, errors, security risks, compliance gaps, or other matters that may exist.","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=%208.1%20THE%20COGNITION,that%20may%20exist.%20","structural_citation":"§ 8.1","citation_basis":"section_number","char_start":21079,"char_end":22708}},{"pattern_key":"liability_limitation","pattern_family":"legal_burden","risk_rating":"medium","confidence":"high","stance_key":"legal_burden","stance_value":"liability_limited","evidence":"Such Output is provided as a non-exhaustive aid only and is not a substitute for your own review, testing, audit, or other independent verification. Cognition disclaims all liability for any issues, vulnerabilities, defects, errors, security risks, or other matters not identified, surfaced, or addressed by such Output.","reason":"The clause limits liability or disclaims warranties.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"indemnity_liability","quote":"Such Output is provided as a non-exhaustive aid only and is not a substitute for your own review, testing, audit, or other independent verification. Cognition disclaims all liability for any issues, vulnerabilities, defects, errors, security risks, or other matters not identified, surfaced, or addressed by such Output.","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=Such%20Output%20is%20provided,addressed%20by%20such%20Output.","structural_citation":"§ 8.2","citation_basis":"section_number","char_start":22708,"char_end":23028}},{"pattern_key":"indemnity_obligation","pattern_family":"legal_burden","risk_rating":"medium","confidence":"high","stance_key":"legal_burden","stance_value":"indemnity","evidence":"9.1 Cognition Indemnification: This Section 9.1 applies only to Customers on the Paid Service Tiers and does not apply to Customers on the Free Service Tier. Subject to the foregoing, Cognition shall defend Customer against any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Services, when used in accordance with the terms of this Agreement, infringes or misappropriates such third par...","reason":"The clause requires defense, indemnity, or hold-harmless obligations.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"indemnity_liability","quote":"9.1 Cognition Indemnification: This Section 9.1 applies only to Customers on the Paid Service Tiers and does not apply to Customers on the Free Service Tier. Subject to the foregoing, Cognition shall defend Customer against any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Services, when used in accordance with the terms of 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 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.","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=%209.1%20Cognition%20Indemnification%3A,notice%20to%20Customer.%20","structural_citation":"§ 9.1","citation_basis":"section_number","char_start":23057,"char_end":24641}},{"pattern_key":"indemnity_obligation","pattern_family":"legal_burden","risk_rating":"medium","confidence":"high","stance_key":"legal_burden","stance_value":"indemnity","evidence":"This Section 9.1 will not apply, and Cognition shall have no obligation, with respect to any Third-Party Claim arising from or relating to: (i) compliance with Customer designs, specifications, or requirements; (ii) use of the Services in combination with software or equipment not supplied by Cognition, to the extent the infringement arises from such other software or equipment; (iii) any adaptation or modificatio...","reason":"The clause requires defense, indemnity, or hold-harmless obligations.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"indemnity_liability","quote":"This Section 9.1 will not apply, and Cognition shall have no obligation, with respect to any Third-Party Claim arising from or relating to: (i) compliance with Customer designs, specifications, or requirements; (ii) use of the Services in combination with software or equipment not supplied by Cognition, to the extent the infringement arises from such other software or equipment; (iii) any adaptation or modification of the Services other than by Cognition; (iv) Customer's failure to comply with the Documentation or otherwise follow instructions provided by Cognition which would have cured the cause of action; (v) use of the Services in a manner not authorized by this Agreement; (vi) Customer's continued use of a version of the Services other than the most recently released version or of an infringing item after a non-infringing replacement has been provided; or (vii) Customer Data. 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","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=This%20Section%209.1%20will,against%20Cognition%20unless%20Cognition","structural_citation":"§ 9.1","citation_basis":"section_number","char_start":24641,"char_end":26440}},{"pattern_key":"indemnity_obligation","pattern_family":"legal_burden","risk_rating":"medium","confidence":"high","stance_key":"legal_burden","stance_value":"indemnity","evidence":"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.","reason":"The clause requires defense, indemnity, or hold-harmless obligations.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"indemnity_liability","quote":"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.","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=%20consents%20to%20such,its%20own%20choice.%20","structural_citation":"§ 9.2","citation_basis":"section_number","char_start":26440,"char_end":26667}},{"pattern_key":"personal_data_sale","pattern_family":"privacy_sharing","risk_rating":"high","confidence":"medium","stance_key":"data_sharing","stance_value":"sale_or_sell","evidence":"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. 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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”).","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20Your%20employer%20or,services%20(%E2%80%9CThird-Party%20Sites%E2%80%9D).%20","structural_citation":"§ 3 (How and why we share your information)","citation_basis":"section_number","char_start":9150,"char_end":10615}},{"pattern_key":"personal_data_sale","pattern_family":"privacy_sharing","risk_rating":"high","confidence":"medium","stance_key":"data_sharing","stance_value":"sale_or_sell","evidence":"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 pro...","reason":"The clause permits sale of personal data or information.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"privacy_data_use","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. 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.","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20do%20not,or%20imminent%20bodily%20harm.","structural_citation":"§ 3 (How and why we share your information)","citation_basis":"section_number","char_start":7486,"char_end":9147}},{"pattern_key":"personal_data_sale","pattern_family":"privacy_sharing","risk_rating":"high","confidence":"high","stance_key":"data_sharing","stance_value":"sale_or_sell","evidence":"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. 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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.","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20do%20not,or%20imminent%20bodily%20harm.","structural_citation":"§ 3 (How and why we share your information)","citation_basis":"section_number","char_start":7483,"char_end":9144}},{"pattern_key":"personal_data_sale","pattern_family":"privacy_sharing","risk_rating":"high","confidence":"high","stance_key":"data_sharing","stance_value":"sale_or_sell","evidence":"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. 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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”).","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20Your%20employer%20or,services%20(%E2%80%9CThird-Party%20Sites%E2%80%9D).%20","structural_citation":"§ 3 (How and why we share your information)","citation_basis":"section_number","char_start":9147,"char_end":10612}},{"pattern_key":"third_party_sharing","pattern_family":"privacy_sharing","risk_rating":"medium","confidence":"high","stance_key":"data_sharing","stance_value":"third_party_or_vendor_sharing","evidence":"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,...","reason":"The clause permits disclosure or sharing with third parties, affiliates, vendors, or subprocessors.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"confidentiality","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. 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","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%206.1%20Confidential%20Information%3A,or%20professional%20obligations%20of","structural_citation":"§ 6.1","citation_basis":"section_number","char_start":16858,"char_end":18646}},{"pattern_key":"third_party_sharing","pattern_family":"privacy_sharing","risk_rating":"medium","confidence":"medium","stance_key":"data_sharing","stance_value":"third_party_or_vendor_sharing","evidence":"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,...","reason":"The clause permits disclosure or sharing with third parties, affiliates, vendors, or subprocessors.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"subprocessors_data_sharing","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. 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.","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=%206.1%20Confidential%20Information%3A,its%20obligations%20hereunder.%20","structural_citation":"§ 6.1","citation_basis":"section_number","char_start":15250,"char_end":16970}},{"pattern_key":"third_party_sharing","pattern_family":"privacy_sharing","risk_rating":"medium","confidence":"medium","stance_key":"data_sharing","stance_value":"third_party_or_vendor_sharing","evidence":"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.","reason":"The clause permits disclosure or sharing with third parties, affiliates, vendors, or subprocessors.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"subprocessors_data_sharing","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.","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=The%20information%20that%20you,privacy%20practices%20and%20policies.","structural_citation":"§ 3 (How and why we share your information)","citation_basis":"section_number","char_start":10615,"char_end":10986}},{"pattern_key":"third_party_sharing","pattern_family":"privacy_sharing","risk_rating":"medium","confidence":"medium","stance_key":"data_sharing","stance_value":"third_party_or_vendor_sharing","evidence":"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 pro...","reason":"The clause permits disclosure or sharing with third parties, affiliates, vendors, or subprocessors.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"privacy_data_use","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. 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.","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20do%20not,or%20imminent%20bodily%20harm.","structural_citation":"§ 3 (How and why we share your information)","citation_basis":"section_number","char_start":7486,"char_end":9147}},{"pattern_key":"third_party_sharing","pattern_family":"privacy_sharing","risk_rating":"medium","confidence":"medium","stance_key":"data_sharing","stance_value":"third_party_or_vendor_sharing","evidence":"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 ”). It is important t...","reason":"The clause permits disclosure or sharing with third parties, affiliates, vendors, or subprocessors.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"privacy_data_use","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 ”). 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: 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. 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 . 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. If you have any questions, or to exercise any available rights, please contact us at privacy@cognition.ai .","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20This%20Privacy%20Policy,us%20at%20privacy%40cognition.ai%20.","structural_citation":"Privacy Policy › “Close”","citation_basis":"heading_path","char_start":88,"char_end":1460}},{"pattern_key":"third_party_sharing","pattern_family":"privacy_sharing","risk_rating":"medium","confidence":"medium","stance_key":"data_sharing","stance_value":"third_party_or_vendor_sharing","evidence":"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. 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 ...","reason":"The clause permits disclosure or sharing with third parties, affiliates, vendors, or subprocessors.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"data_retention","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. 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. 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. 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. 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.","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20Depending%20on%20where,by%20applicable%20law.%20","structural_citation":"§ 8 (Your privacy rights and choices)","citation_basis":"section_number","char_start":13263,"char_end":14736}},{"pattern_key":"third_party_sharing","pattern_family":"privacy_sharing","risk_rating":"medium","confidence":"medium","stance_key":"data_sharing","stance_value":"third_party_or_vendor_sharing","evidence":"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...","reason":"The clause permits disclosure or sharing with third parties, affiliates, vendors, or subprocessors.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"privacy_data_use","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. 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.","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20use%20your,contract%20with%20you.%20","structural_citation":"§ 2 (How we use your information)","citation_basis":"section_number","char_start":2639,"char_end":4392}},{"pattern_key":"third_party_sharing","pattern_family":"privacy_sharing","risk_rating":"medium","confidence":"medium","stance_key":"data_sharing","stance_value":"third_party_or_vendor_sharing","evidence":"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, i...","reason":"The clause permits disclosure or sharing with third parties, affiliates, vendors, or subprocessors.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"subprocessors_data_sharing","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 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","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20circumstances%2C%20we%20may,reviews%2C%20and%20feedback%20","structural_citation":"§ 2 (How we use your information)","citation_basis":"section_number","char_start":6179,"char_end":7433}},{"pattern_key":"third_party_sharing","pattern_family":"privacy_sharing","risk_rating":"medium","confidence":"medium","stance_key":"data_sharing","stance_value":"third_party_or_vendor_sharing","evidence":"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...","reason":"The clause permits disclosure or sharing with third parties, affiliates, vendors, or subprocessors.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"privacy_data_use","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.","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20To%20facilitate%20our,information%20about%20these%20mechanisms.","structural_citation":"§ 7 (International transfers)","citation_basis":"section_number","char_start":12480,"char_end":13218}},{"pattern_key":"third_party_sharing","pattern_family":"privacy_sharing","risk_rating":"medium","confidence":"high","stance_key":"data_sharing","stance_value":"third_party_or_vendor_sharing","evidence":"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 (cognition.com), 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 ”). It is important that...","reason":"The clause permits disclosure or sharing with third parties, affiliates, vendors, or subprocessors.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"privacy_data_use","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 (cognition.com), 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 ”). 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: 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. 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 . 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. If you have any questions, or to exercise any available rights, please contact us at privacy@cognition.ai .","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20This%20Privacy%20Policy,us%20at%20privacy%40cognition.ai%20.","structural_citation":"Privacy Policy › “Close”","citation_basis":"heading_path","char_start":88,"char_end":1457}},{"pattern_key":"third_party_sharing","pattern_family":"privacy_sharing","risk_rating":"medium","confidence":"high","stance_key":"data_sharing","stance_value":"third_party_or_vendor_sharing","evidence":"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...","reason":"The clause permits disclosure or sharing with third parties, affiliates, vendors, or subprocessors.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"privacy_data_use","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. 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.","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20use%20your,contract%20with%20you.%20","structural_citation":"§ 2 (How we use your information)","citation_basis":"section_number","char_start":2636,"char_end":4389}},{"pattern_key":"third_party_sharing","pattern_family":"privacy_sharing","risk_rating":"medium","confidence":"high","stance_key":"data_sharing","stance_value":"third_party_or_vendor_sharing","evidence":"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, i...","reason":"The clause permits disclosure or sharing with third parties, affiliates, vendors, or subprocessors.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"privacy_data_use","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 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","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20circumstances%2C%20we%20may,reviews%2C%20and%20feedback%20","structural_citation":"§ 2 (How we use your information)","citation_basis":"section_number","char_start":6176,"char_end":7430}},{"pattern_key":"third_party_sharing","pattern_family":"privacy_sharing","risk_rating":"medium","confidence":"high","stance_key":"data_sharing","stance_value":"third_party_or_vendor_sharing","evidence":"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 pro...","reason":"The clause permits disclosure or sharing with third parties, affiliates, vendors, or subprocessors.","matcher_version":"clause-intelligence-2026-06-17.1","citation":{"surface":"subprocessors_data_sharing","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. 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.","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20do%20not,or%20imminent%20bodily%20harm.","structural_citation":"§ 3 (How and why we share your information)","citation_basis":"section_number","char_start":7483,"char_end":9144}}]},"tier_conditions":[{"tier":"Basic","surface":"privacy_data_use","verdict":"worsens","confidence":"high","citation_count":3,"citations":[{"finding_id":"0e8ad4c8-5b7b-4ac6-be43-e9acb653300d","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. ","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20use%20your,contract%20with%20you.%20","structural_citation":"§ 2 (How we use your information)"},{"finding_id":"7ae11343-bbb5-4dc0-a638-c3ecb057e01b","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","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=Legitimate%20Interests%20%E2%80%94%20specifically%2C,and%20depending%20on%20the","structural_citation":"§ 2 (How we use your information)"},{"finding_id":"9d500754-13e1-44f0-a21f-1f0764b7addc","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 ","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20circumstances%2C%20we%20may,reviews%2C%20and%20feedback%20","structural_citation":"§ 2 (How we use your information)"}]},{"tier":"Business","surface":"commercial_use","verdict":"conditional","confidence":"high","citation_count":2,"citations":[{"finding_id":"38d56434-0785-4047-8923-298648d44bea","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 result 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","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=%202.1%20Rights%20Granted%3A,with%20such%20provisions.%20","structural_citation":"§ 2.1"},{"finding_id":"47f941bb-de34-425b-8734-18f53e0978db","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) your actions risk harm to any of our other customers or the security, availability, or integrity of the Services; 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.\n","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=%202.3%20Restrictions%3A%20You,or%20similar%20proceeding.%20","structural_citation":"§ 2.3"}]},{"tier":"Business","surface":"confidentiality","verdict":"improves","confidence":"high","citation_count":2,"citations":[{"finding_id":"c6f311d2-3aa0-4bad-a5d9-31a4b4ec5c96","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","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%206.1%20Confidential%20Information%3A,or%20professional%20obligations%20of","structural_citation":"§ 6.1"},{"finding_id":"473bdf23-7733-409a-a787-25c7743c9bac","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. ","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=%206.1%20Confidential%20Information%3A,its%20obligations%20hereunder.%20","structural_citation":"§ 6.1"}]},{"tier":"Business","surface":"governing_law_disputes","verdict":"conditional","confidence":"high","citation_count":2,"citations":[{"finding_id":"7916edc6-b387-4e03-b42c-e9698d58f19b","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. 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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. 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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.","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%208.1%20Limited%20Mutual,CONNECTION%20WITH%20HIGH-RISK%20ACTIVITIES.","structural_citation":"§ 8.1"},{"finding_id":"dff96cfb-3d04-45eb-a543-68c237084309","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.\n 10.2 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 GREATER OF (A) THE TOTAL AMOUNTS PAID TO COGNITION UNDER THIS AGREEMENT IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS (US$100).","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=%2010.1%20NOTWITHSTANDING%20ANYTHING,ONE%20HUNDRED%20DOLLARS%20(US%24100).","structural_citation":"§ 10.1"}]},{"tier":"Business","surface":"moderation_enforcement","verdict":"conditional","confidence":"high","citation_count":2,"citations":[{"finding_id":"1d271403-4602-4734-9fc4-c3eb102b8acb","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. 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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","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%202.5%20Suspension%3A%20We,suspension%20is%20resolved.%20","structural_citation":"§ 2.5"}]},{"tier":"Business","surface":"training_use","verdict":"improves","confidence":"high","citation_count":1,"citations":[{"finding_id":"f4135c90-39c3-420a-b547-4e9aa56a6739","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","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%203.3%20Use%20of,to%20use%20such%20Feedback","structural_citation":"§ 3.3"}]},{"tier":"Enterprise","surface":"governing_law_disputes","verdict":"conditional","confidence":"high","citation_count":1,"citations":[{"finding_id":"ff535cda-e947-4c3a-8dc5-a2207b674036","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.","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%20These%20Enterprise%20Terms,all%20of%20these%20Terms.","structural_citation":"“Close”"}]},{"tier":"Enterprise","surface":"moderation_enforcement","verdict":"conditional","confidence":"high","citation_count":1,"citations":[{"finding_id":"fe67055e-188b-4698-a873-2f36fd9bdae3","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.","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=We%20reserve%20the%20right,dissolution%2C%20or%20similar%20proceeding.","structural_citation":"§ 2.5"}]},{"tier":"Enterprise","surface":"output_ownership","verdict":"improves","confidence":"high","citation_count":1,"citations":[{"finding_id":"0ebe0094-3578-4995-ba4a-bf27f5ad648e","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.","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=As%20between%20the%20parties,provided%20to%20other%20customers.","structural_citation":"§ 3.1"}]},{"tier":"Enterprise","surface":"privacy_data_use","verdict":"improves","confidence":"high","citation_count":1,"citations":[{"finding_id":"5b0b25f6-4994-4dd4-b8a6-0b11b905b1d5","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 (cognition.com), 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. 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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.","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=Licensor%20will%20not%20use%2C,performance%20or%20functionality%20generally.","structural_citation":"§ 3.3"}]},{"tier":"Free","surface":"indemnity_liability","verdict":"conditional","confidence":"high","citation_count":1,"citations":[{"finding_id":"34479268-ed7a-4525-857a-0e951910c6dd","quote":" 8.1 THE COGNITION IP, SERVICES, AND DOCUMENTATION 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 YOUR 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.\n 8.2 Output Disclaimer. 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. Outputs may be inaccurate or inappropriate for your intended use cases, and Cognition disclaims all liability for any consequences arising from your use of, or reliance on, Output. Where Output includes any assessment, review, analysis, evaluation, or examination of code, configurations, security posture, vulnerabilities, defects, or other artifacts, you acknowledge that Cognition makes no representation or warranty that such Output identifies, surfaces, or addresses all relevant issues, vulnerabilities, defects, errors, security risks, compliance gaps, or other matters that may exist. ","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=%208.1%20THE%20COGNITION,that%20may%20exist.%20","structural_citation":"§ 8.1"}]},{"tier":"Free","surface":"prompt_ownership","verdict":"improves","confidence":"high","citation_count":2,"citations":[{"finding_id":"bedee1da-26ac-4113-8570-c9fdf6f58418","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","source_url":"https://cognition.ai/legal/enterprise-terms-of-service","deep_link":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%203.1%20Ownership%3A%20Licensor,laws%20or%20regulations.%20","structural_citation":"§ 3.1"},{"finding_id":"63b24152-1ebe-48ec-8170-a04cdd42e25a","quote":" 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 herewith, “Feedback”), Cognition is free to use such Feedback irrespective of any other obligation or limitation governing such Feedback. 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.","source_url":"https://cognition.ai/terms-of-service","deep_link":"https://cognition.ai/terms-of-service#:~:text=%203.5%20Feedback%3A%20Upon,be%20Cognition%26%23x27%3Bs%20Confidential%20Information.","structural_citation":"§ 3.5"}]},{"tier":"Government","surface":"subprocessors_data_sharing","verdict":"improves","confidence":"high","citation_count":1,"citations":[{"finding_id":"e9d58b02-aafe-4a09-b0a8-2e2dc0662b9e","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.","source_url":"https://cognition.ai/privacy-policy","deep_link":"https://cognition.ai/privacy-policy#:~:text=%20We%20do%20not,or%20imminent%20bodily%20harm.","structural_citation":"§ 3 (How and why we share your information)"}]},{"tier":"Paid","surface":"indemnity_liability","verdict":"improves","confidence":"high","citation_count":1,"citations":[{"finding_id":"1bf346a7-c8c1-49d3-8fc2-6e7ffa5502f0","quote":" 9.1 Cognition Indemnification: This Section 9.1 applies only to Customers on the Paid Service Tiers and does not apply to Customers on the Free Service Tier. Subject to the foregoing, Cognition shall defend Customer against any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Services, when used in accordance with the terms of 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 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. 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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":"structural_citation","value":"§ 3.3"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%203.3%20Use%20of,to%20use%20such%20Feedback"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@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. 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If you subscribe to a paid Service Tier, you may opt out of this use (“Opt-Out”). Following an Opt-Out election: (A) Customer Data will not be used for any other purpose, including training language models; and (B) Zero Data Retention will be enabled with our model providers. For the Teams Service Tier, only an administrator may exercise the Opt-Out.\n 3.3.2 Usage Data: Cognition reserves the right to collect, analyze, and utilize Usage Data for operational, analytical, and improvement purposes. Cognition owns all right, title, and interest in and to the Usage Data.\n 3.3.3 Abuse and Legal Process: ZDR does not preclude retention or disclosure of Customer Data (i) flagged on automated safety and abuse-detection classifiers; (ii) to perform safety, security, and AUP compliance review; or (iii) as compelled by applicable law or legal process.\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","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 3.3"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=%203.3%20Data%20Usage,content%20and%20timeline.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@type":"PropertyValue","name":"commercial_use","value":"low","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":"structural_citation","value":"§ 2.3"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%202.3%20Restrictions%3A%20You,checking%20their%20accuracy.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@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 result 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 2.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=%202.1%20Rights%20Granted%3A,with%20such%20provisions.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@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 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) your actions risk harm to any of our other customers or the security, availability, or integrity of the Services; 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.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 2.3"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=%202.3%20Restrictions%3A%20You,or%20similar%20proceeding.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"low","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":"structural_citation","value":"§ 1.12"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=The%20Services%20include%20all,Information%20or%20Customer%20Data."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"medium","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 (cognition.com), 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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"},{"@type":"PropertyValue","name":"structural_citation","value":"Privacy Policy › “Close”"},{"@type":"PropertyValue","name":"citation_basis","value":"heading_path"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/privacy-policy#:~:text=%20This%20Privacy%20Policy,us%20at%20privacy%40cognition.ai%20."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:54.6815+00:00"}]},{"@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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 1 (Information we collect)"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/privacy-policy#:~:text=%20We%20collect%2C%20and,personal%20information%20about%20you%3A"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:54.6815+00:00"}]},{"@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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"},{"@type":"PropertyValue","name":"structural_citation","value":"Privacy Policy › “Information you provide to us Description”"},{"@type":"PropertyValue","name":"citation_basis","value":"heading_path"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/privacy-policy#:~:text=%20Contact%20Information%20First,unless%20otherwise%20stated.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:54.6815+00:00"}]},{"@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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"},{"@type":"PropertyValue","name":"structural_citation","value":"Privacy Policy › “Information you provide to us Description”"},{"@type":"PropertyValue","name":"citation_basis","value":"heading_path"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/privacy-policy#:~:text=%20Personal%20information%20does,to%20re-identify%20the%20information."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:54.6815+00:00"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"medium","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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 2 (How we use your information)"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/privacy-policy#:~:text=%20We%20use%20your,contract%20with%20you.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:54.6815+00:00"}]},{"@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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 2 (How we use your information)"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/privacy-policy#:~:text=Legitimate%20Interests%20%E2%80%94%20specifically%2C,and%20depending%20on%20the"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:54.6815+00:00"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"medium","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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 2 (How we use your information)"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/privacy-policy#:~:text=%20circumstances%2C%20we%20may,reviews%2C%20and%20feedback%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:54.6815+00:00"}]},{"@type":"PropertyValue","name":"privacy_data_use","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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 5 (Retention)"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/privacy-policy#:~:text=%20We%20retain%20your,deletion%20of%20your%20information."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:54.6815+00:00"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"low","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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 4.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=%204.1%20Data%20Security%3A,of%20Authorized%20Users.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"low","description":" 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","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":"structural_citation","value":"§ 2.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%202.1%20Rights%20Granted%3A,with%20such%20provisions.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"medium","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":"structural_citation","value":"§ 2.5"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%202.5%20Suspension%3A%20We,suspension%20is%20resolved.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@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":"structural_citation","value":"§ 2.5"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=We%20reserve%20the%20right,dissolution%2C%20or%20similar%20proceeding."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@type":"PropertyValue","name":"moderation_enforcement","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.\n 2.6 Acceptable Use Policy: Your use of the Services is subject to Cognition's Acceptable Use Policy (“AUP”), available at cognition.ai/aup or such other URL as Cognition may designate. Violation of the AUP may result in suspension or termination of your access to the Services in Cognition's sole discretion.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 2.5"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=%202.5%20Availability%3A%20The,in%20Cognition%26%23x27%3Bs%20sole%20discretion."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":" These Terms of Service (“Terms”) govern your use of the Cognition Platform, and other software offerings (“Services”) that Cognition AI, Inc. (“Cognition,” “we,” “us,” or “our”) may offer to individuals or entities who register for and use our Services (each a “Customer”, “you” or “your”). Please carefully read these Terms, along with our Privacy Policy , which outlines how we handle your data. These Terms and the Privacy Policy 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. If you do not agree with this Agreement, please stop using or accessing the Services.\n In some cases, you may have licensed the Services from Exafunction, Inc., and in such cases, unless you have received notice that your license has been assigned to Cognition AI, Inc., references herein to “Cognition,” “we,” “us,” or “our” shall mean Exafunction, Inc.\n You must be at least 13 years old to use the Services. By agreeing to these Terms, you represent and warrant that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Services; and (c) your registration and use of the Services complies with all applicable laws and regulations.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"Terms of Service › “Previous version”"},{"@type":"PropertyValue","name":"citation_basis","value":"heading_path"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=%20These%20Terms%20of,applicable%20laws%20and%20regulations."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@type":"PropertyValue","name":"data_retention","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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 4 (Security)"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/privacy-policy#:~:text=%20We%20implement%20commercially,at%20your%20own%20risk."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:54.6815+00:00"}]},{"@type":"PropertyValue","name":"data_retention","value":"unknown","description":" 7.1 Term: The term (“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, and will automatically renew for successive periods of the same duration unless you cancel the Service or we terminate it. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGES FOR THE NEXT SUBSCRIPTION PERIOD.\n 7.2 Subscription Termination: 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 7.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=%207.1%20Term%3A%20The,associated%20with%20your%20account."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"low","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":"structural_citation","value":"§ 9.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%209.1%20Licensor%20Indemnification%3A,notice%20to%20Customer.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"low","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":"structural_citation","value":"§ 9.3"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%209.3%20Sole%20Remedy%3A,OF%20ANY%20THIRD%20PARTY."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"medium","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":"structural_citation","value":"§ 10.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%2010.1%20Exclusion%20of,RISE%20TO%20THE%20CLAIM."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"low","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":"structural_citation","value":"§ 12.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%2012.1%20Notices%3A%20All,or%20employer-employee%20relationship.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"medium","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":"structural_citation","value":"§ 8.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%208.1%20Limited%20Mutual,CONNECTION%20WITH%20HIGH-RISK%20ACTIVITIES."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"medium","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":"structural_citation","value":"§ 9.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=Notwithstanding%20the%20foregoing%2C%20this,its%20own%20choice.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"medium","description":" 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 9.2"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=%20consents%20to%20such,its%20own%20choice.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":"You agree to indemnify us against any suits, actions, claims, or proceedings arising from an Authorized User, data protection authority, or other third party with regard to these obligations.\n 4.2 Personal Data: If you use the Services to process personal data, you must obtain necessary consents for processing of personal data by the Services and process such personal data in accordance with applicable data protection laws. If processing “personal data” or “personal information” as defined under applicable data protection laws, Cognition's Data Processing Addendum posted at cognition.ai/dpa shall apply. 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 4.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=You%20agree%20to%20indemnify,in%20using%20the%20Services."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"medium","description":" 8.1 THE COGNITION IP, SERVICES, AND DOCUMENTATION 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 YOUR 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.\n 8.2 Output Disclaimer. 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. Outputs may be inaccurate or inappropriate for your intended use cases, and Cognition disclaims all liability for any consequences arising from your use of, or reliance on, Output. Where Output includes any assessment, review, analysis, evaluation, or examination of code, configurations, security posture, vulnerabilities, defects, or other artifacts, you acknowledge that Cognition makes no representation or warranty that such Output identifies, surfaces, or addresses all relevant issues, vulnerabilities, defects, errors, security risks, compliance gaps, or other matters that may exist. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 8.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=%208.1%20THE%20COGNITION,that%20may%20exist.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"medium","description":"Such Output is provided as a non-exhaustive aid only and is not a substitute for your own review, testing, audit, or other independent verification. Cognition disclaims all liability for any issues, vulnerabilities, defects, errors, security risks, or other matters not identified, surfaced, or addressed by such Output.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 8.2"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=Such%20Output%20is%20provided,addressed%20by%20such%20Output."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"medium","description":" 9.1 Cognition Indemnification: This Section 9.1 applies only to Customers on the Paid Service Tiers and does not apply to Customers on the Free Service Tier. Subject to the foregoing, Cognition shall defend Customer against any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Services, when used in accordance with the terms of 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 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 9.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=%209.1%20Cognition%20Indemnification%3A,notice%20to%20Customer.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"medium","description":"This Section 9.1 will not apply, and Cognition shall have no obligation, with respect to any Third-Party Claim arising from or relating to: (i) compliance with Customer designs, specifications, or requirements; (ii) use of the Services in combination with software or equipment not supplied by Cognition, to the extent the infringement arises from such other software or equipment; (iii) any adaptation or modification of the Services other than by Cognition; (iv) Customer's failure to comply with the Documentation or otherwise follow instructions provided by Cognition which would have cured the cause of action; (v) use of the Services in a manner not authorized by this Agreement; (vi) Customer's continued use of a version of the Services other than the most recently released version or of an infringing item after a non-infringing replacement has been provided; or (vii) Customer Data.\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","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 9.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=This%20Section%209.1%20will,against%20Cognition%20unless%20Cognition"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 9.3"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=%209.3%20Sole%20Remedy%3A,OF%20ANY%20THIRD%20PARTY."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@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.\n 10.2 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 GREATER OF (A) THE TOTAL AMOUNTS PAID TO COGNITION UNDER THIS AGREEMENT IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS (US$100).","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 10.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=%2010.1%20NOTWITHSTANDING%20ANYTHING,ONE%20HUNDRED%20DOLLARS%20(US%24100)."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@type":"PropertyValue","name":"confidentiality","value":"low","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":"structural_citation","value":"§ 6.2"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=On%20expiration%20or%20termination,for%20such%20required%20disclosure."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@type":"PropertyValue","name":"confidentiality","value":"low","description":" irrespective of any other obligation or limitation governing such Feedback. 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","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":"structural_citation","value":"§ 6.2"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%20confidentiality%20no%20less,all%20material%20respects.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@type":"PropertyValue","name":"confidentiality","value":"low","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":"structural_citation","value":"§ 6.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%206.1%20Confidential%20Information%3A,or%20professional%20obligations%20of"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@type":"PropertyValue","name":"confidentiality","value":"low","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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 6.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=%206.1%20Confidential%20Information%3A,its%20obligations%20hereunder.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@type":"PropertyValue","name":"confidentiality","value":"low","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 commencement of Services 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":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 6.2"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=On%20expiration%20or%20termination,protection%20under%20applicable%20law."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"medium","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":"00c44cf0e0c59a2bebbc253d0b8fadefcf2e2f157e50f45cb157e4574e292eb5"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/privacy-policy"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 3 (How and why we share your information)"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/privacy-policy#:~:text=%20We%20do%20not,or%20imminent%20bodily%20harm."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:54.6815+00:00"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"medium","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. 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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. 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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":"structural_citation","value":"§ 12.8"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=%2012.8%20Assignment%3A%20You,in%20equity%20or%20otherwise."},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"low","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":"structural_citation","value":"§ 12.3"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/legal/enterprise-terms-of-service#:~:text=Neither%20party%20shall%20be,of%20New%20York.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-06-07T01:59:43.649742+00:00"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"low","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. 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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.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://cognition.ai/terms-of-service"},{"@type":"PropertyValue","name":"structural_citation","value":"§ 11.1"},{"@type":"PropertyValue","name":"citation_basis","value":"section_number"},{"@type":"PropertyValue","name":"deep_link","value":"https://cognition.ai/terms-of-service#:~:text=%2011.1%20IN%20THE,regarding%20the%20Dispute.%20"},{"@type":"PropertyValue","name":"retrieved_at","value":"2026-07-20T00:12:55.408538+00:00"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"medium","description":" 11.2 Class Action Waiver. 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Cognition's address for Notice of Arbitration is: Cognition AI, Inc., 550 Third Street, San Francisco, CA 94107. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe in detail the particular nature and basis of the claim or Dispute; and (c) set forth the specific relief sought. 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