Cognition Controls Terms of Service

1. Introduction

Welcome to Cognition Controls ("we," "us," or "our"). These Terms of Service ("Terms") govern your access and use of our Cognition Smart Commercial Control ("Hardware"), wireless sensors ("Sensors"), and the Cognition Controls Platform ("Platform Service"). The Platform Service is a Software-as-a-Service (SaaS) platform for data management, storage, connectivity, and control functionalities.

2. Acceptance of Terms

By purchasing Hardware or subscribing to the Platform Service, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not purchase the Hardware or use the Platform Service.

3. Definitions

  • "Hardware" refers to the Cognition Smart Commercial Control.
  • "Sensors" refers to the wireless sensors that work with the Hardware.
  • "Platform Service" refers to the Cognition Controls Platform, a Software-as-a-Service (SaaS) platform for data management, storage, connectivity, and control functionalities.

4. Hardware Purchase

  • Hardware is purchased upfront as a one-time payment.

5. Platform Service Subscription

  • All Hardware requires a Platform Service subscription to function.
  • We offer flexible Platform Service subscription options:some text
    • Term: You can choose a term of 1 year or longer.
    • Payment: You can choose to pay for the Platform Service upfront for the entire term or pay monthly.

6. Platform Service Payment Details (Monthly)

  • The term of your Platform Service subscription commences when the first piece of Hardware is installed.
  • The first month's Platform Service fee is paid upfront with the Hardware purchase.
  • Remaining monthly payments start on the earliest of:some text
    • The date of installation of the first piece of Hardware, or
    • 3 months after the Hardware is purchased

7. Platform Service Payment Details (Upfront)

  • If you choose to pay for the Platform Service upfront, the term of service commences when the first piece of Hardware is installed.

8. User Accounts

  • You will need to create a user account to access the Platform Service.
  • You are responsible for maintaining the confidentiality of your account information and for all activity that occurs under your account.

9. Acceptable Use Policy

  • You agree to use the Hardware, Sensors, and Platform Service in a lawful and ethical manner and in accordance with all applicable laws and regulations.
  • You may not use the Hardware, Sensors, or Platform Service for any purpose that is harmful, disruptive, or infringes on the rights of others.

10. Disclaimer of Warranties

THE HARDWARE, SENSORS, AND PLATFORM SERVICE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE HARDWARE, SENSORS, OR PLATFORM SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

11. Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE HARDWARE, SENSORS, OR PLATFORM SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Termination

These Terms may be terminated by either you or us. We may terminate these Terms at any time, with or without notice, for any reason. You may terminate these Terms by discontinuing your use of the Hardware, Sensors, and Platform Service.

Cancellation by Customer

  • You may cancel your Platform Service subscription at any time by providing us with written notice (e.g., email) at least 30 days prior to your desired cancellation date.
  • Cancellation will be effective on the date specified in your notice, or 30 days after the notice is received, whichever is later.
  • You will have access to the Platform Service until the cancellation date.
  • Hardware is not returnable and will not be refunded.

Payment Upon Cancellation

  • If you are paying for the Platform Service monthly, your future monthly payments will stop on the cancellation date.
  • If you prepaid for a term Platform Service subscription, we will offer a pro-rated refund for the remaining unused portion of your term. The refund amount will be calculated based on the number of whole months remaining in your term at the time of cancellation.

13. Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Delaware.

14. Entire Agreement

These Terms constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

16. Updates to Terms

We may update these Terms from time to time. We will post any changes on our website and notify you of any material changes. Your continued use of the Hardware, Sensors, or Platform Service after the posting of any revised Terms constitutes your acceptance of such revised Terms.

17. Contact Us

If you have any questions about these Terms, please contact us at support@cognitioncontrols.com