Terms of Service
Last updated: January 5, 2025
Please read these terms carefully before using Kognit. By using the app, you agree to be bound by these terms.
1. Acceptance of Terms
By accessing or using Kognit ("the App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the App.
These Terms constitute a legally binding agreement between you and Kognit regarding your use of the App and its services.
2. Eligibility
To use Kognit, you must:
- Be at least 13 years of age
- If under 18, have parental or guardian consent
- Have the legal capacity to enter into a binding agreement
- Not be prohibited from using the App under applicable laws
By using the App, you represent and warrant that you meet all eligibility requirements. We may require proof of age or consent at any time.
3. License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes, subject to these Terms.
You may not:
- Copy, modify, or distribute the App
- Reverse engineer or attempt to extract the source code
- Use the App for any illegal or unauthorized purpose
- Sublicense, sell, or transfer your rights to use the App
- Use automated systems or bots to access the App
- Circumvent any security or access controls
4. User Responsibilities
As a user of Kognit, you agree to:
- Provide accurate information when creating an account
- Maintain the security of your account credentials
- Not share your account with others
- Use the App in compliance with all applicable laws
- Not upload content that is illegal, harmful, or infringes on others' rights
- Not attempt to disrupt or overload the App's infrastructure
- Not use the App to harass, abuse, or harm others
You are responsible for all activity that occurs under your account.
5. User Content
You retain ownership of any content you upload to Kognit, including documents, notes, and study materials ("User Content").
By uploading User Content, you grant us a limited, worldwide, royalty-free license to process, store, and display your content as necessary to provide the App's services.
You are solely responsible for ensuring you have the right to upload any content and that it does not violate any third-party intellectual property rights.
AI-generated content (quizzes, flashcards, summaries) is provided for educational purposes only. You may use AI-generated content for personal study.
6. Intellectual Property
The App, including its design, features, functionality, and content (excluding User Content), is owned by Kognit and protected by intellectual property laws.
Our trademarks, logos, and brand elements may not be used without our prior written consent.
The AI models and algorithms used to generate study materials are proprietary. You may not attempt to extract, replicate, or reverse-engineer these systems.
Feedback you provide about the App may be used by us without obligation to compensate you.
7. Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
We do not guarantee that:
- The App will be available at all times without interruption
- The App will be error-free or secure
- AI-generated content will be accurate, complete, or suitable for any purpose
- The App will meet your specific requirements
AI-generated study materials are meant to supplement, not replace, traditional learning methods. Always verify important information with authoritative sources. We are not responsible for any academic outcomes.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, punitive, or consequential damages
- Loss of data, profits, goodwill, or business opportunities
- Any damages arising from your use or inability to use the App
- Any errors or inaccuracies in AI-generated content
- Unauthorized access to your account or data
- Service interruptions or downtime
Our total liability shall not exceed the greater of (a) the amount you paid for the App in the 12 months preceding the claim, or (b) $100 USD.
9. Indemnification
You agree to indemnify, defend, and hold harmless Kognit and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of any third-party rights
- Content you upload to the App
- Your violation of applicable laws
We reserve the right to assume exclusive defense of any matter subject to indemnification.
10. Subscription & Billing
SUBSCRIPTION TERMS:
Kognit offers premium subscriptions with the following terms:
Auto-Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
Free Trial: New subscribers may be eligible for a 7-day free trial. If you do not cancel before the trial ends, you will be charged the subscription price.
Billing: Payment will be charged to your Apple ID account at confirmation of purchase. Subscription prices are displayed in your local currency.
Cancellation: You can cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods.
Managing Your Subscription: To manage or cancel your subscription, go to Settings > [Your Name] > Subscriptions on your iOS device.
Price Changes: We may change subscription prices at any time. Price changes will take effect at the start of the next subscription period following the date of the price change.
Refunds: All purchases are processed by Apple. Refund requests must be submitted to Apple directly.
11. Termination
We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice, including if:
- You violate these Terms
- You engage in fraudulent or illegal activity
- You fail to pay subscription fees
- We discontinue the App
Upon termination:
- Your license to use the App ends immediately
- You must stop using the App
- We may delete your account and data
- Provisions that should survive termination will remain in effect
You may terminate your account at any time through the App settings.
12. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY.
Informal Resolution: Before filing any claim, you agree to first contact us at legal@kognit.app and attempt to resolve the dispute informally for at least 30 days.
Arbitration: Any disputes not resolved informally shall be resolved through binding arbitration, except for claims that qualify for small claims court.
Class Action Waiver: You agree to resolve disputes with us on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Exceptions: This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any legal action or proceeding relating to your access to or use of the App shall be instituted in the federal or state courts located in Delaware.
You agree to submit to the jurisdiction of such courts and waive any objection to the venue of such courts.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect (Severability).
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes through the App or via email at least 30 days before the changes take effect.
Your continued use of the App after changes are posted constitutes your acceptance of the modified Terms.
If you do not agree to the modified Terms, you should discontinue use of the App and delete your account before the changes take effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kognit.
For questions about these Terms, contact us at: legal@kognit.app