Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of Cognetivy (the "Service"), which is provided by Stack Studio AI Inc. ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Eligibility; Account Responsibilities

You must be legally able to form a binding contract. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of any credentials used to access the Service. You agree to provide accurate information and to promptly update it when it changes.

3. Subscriptions, Plans, and Billing

The Service may include subscription plans and related billing features. If a subscription applies, you authorize third-party payment processing (including Stripe) and agree to pay all fees incurred in connection with your plan. Billing is handled through third-party subscription tooling (including Stigg) and may determine your access to certain features.

If your payment fails or your subscription is canceled, access to billed features may be limited or suspended, subject to applicable law.

4. The Service; Third-Party Services

Cognetivy provides workflow and run orchestration, run history, event tracking, and collections for organizing structured outputs. The Service relies on third-party services for identity, analytics, billing, and AI inference. These third parties may be able to collect data about your usage and interactions.

5. User Content; License to Us

"User Content" means any data, prompts, inputs, outputs, documents, images, audio, and other content you submit to or through the Service. You retain ownership of your User Content. However, to provide the Service, you grant us a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, process, transmit, and store your User Content solely as necessary to operate and improve the Service, including executing your workflows and providing run tracking and collections.

You are responsible for ensuring you have the rights to provide User Content and that providing it does not violate applicable laws or third-party rights.

6. Acceptable Use

You agree not to (and not to attempt to) misuse the Service, including by: (i) violating any applicable law or regulation; (ii) attempting to gain unauthorized access; (iii) interfering with or disrupting the Service or underlying systems; (iv) using the Service to transmit malware, exploit code, or other harmful content; (v) submitting content that infringes, misappropriates, or otherwise violates third-party rights; or (vi) circumventing usage limits or access controls.

7. AI Features; Output Disclaimer

Cognetivy may use AI models and other automated systems to process your prompts and generate outputs. These outputs may be inaccurate, incomplete, or unsuitable for a particular purpose. You are solely responsible for evaluating outputs and for any use you make of them.

Where AI processing is enabled for a workflow, your User Content may be sent to third-party AI model providers for inference.

8. Modifications and Availability

We may update, change, suspend, or discontinue any part of the Service, including features or plans, at any time, with or without notice. We are not liable for interruptions or changes to the Service.

9. Termination; Suspension

We may suspend or terminate your access to the Service, or remove User Content, if we believe you have violated these Terms, pose a security or legal risk, or if required for legal or operational reasons. If your subscription ends, billed features may be reduced or unavailable.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS (US$100), WHICHEVER IS GREATER.

12. Indemnification

You agree to defend, indemnify, and hold harmless Stack Studio AI Inc. and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Service, your User Content, or your violation of these Terms.

13. Intellectual Property

The Service and its underlying technology are owned by us and/or our licensors. Except for the limited license rights granted to you to use the Service, no rights are granted by these Terms. All trademarks and service marks are the property of their respective owners.

Copyright Policy (DMCA). If you believe that content available through the Service infringes your copyright, you may request its removal by sending a notice that includes (as applicable under applicable law): identification of the copyrighted work claimed to be infringed; identification of the allegedly infringing material; your contact information; a statement that you have a good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the notice is accurate. Send DMCA notices to david@stackstudio.io.

14. Dispute Resolution; Governing Law

These Terms are governed by the laws applicable to Stack Studio AI Inc. Any dispute will be brought in the courts located in the jurisdiction governing our principal place of business, unless a court determines otherwise under mandatory law.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the "Effective date." Your continued use of the Service after the Effective date means that you accept the updated Terms.

16. Contact

If you have questions about these Terms, contact us at david@stackstudio.io.