Cognni Website Terms & Conditions
Latest Date: Feb 2021
1. Introduction
1.1. Cognni Ltd. (“Cognni”) is the owner and operator of the website operating under the domain www.cognni.ai (“Website”).
1.2. The terms “you” and “your” refer to you, a visitor, viewer or user of this Website, accepting this Agreement on behalf of yourself, if an individual, or an organization/entity. “We”, “us”, and “our” refer to Cognni.
1.3. These terms and conditions shall govern your use of our Website.
1.4. By using our Website, you accept these terms and conditions in full.
1.5. If you disagree with these terms and conditions or any part thereof, you must not use the Website.
1.6. This Website uses cookies; by using the Website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy, available here: https://cognni.ai/privacy-policy/
1.7. Cognni is the sole owner and controller of all copyrights and other intellectual property rights with respect to the Website, and the materials appearing on the Website, including any modifications or derivative works thereof.
1.8. All rights not expressly granted by us are hereby reserved.
2. Permission to Use Website
(a) view pages from our Website in a web browser;
(b) download pages from our Website for caching purposes only;
(c) print pages or other content from our Website for your own personal or business use, subject to the restrictions set out below and elsewhere in these terms and conditions.
2.2. You must not:
(a) republish materials from our Website (including republication on another website);
(b) sell, rent or license materials from our Website;
(c) show any materials from the Website in public;
(d) reproduce, duplicate, copy or otherwise exploit materials from the Website for a commercial purpose without our specific consent;
(e) edit or otherwise modify any materials on the Website.
2.3. You must not redistribute materials from the Website, except for content specifically and expressly made available for redistribution by us. Where content is specifically made available for redistribution, it may be redistributed within your organization only and only within the scope specifically approved by us.
2.4. We reserve the right to restrict access to areas of the Website, or the whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
3. Acceptable Usage
3.1. You must not use the Website: (a) in any way that causes, or may cause, damage to the Website or impairment of the availability, performance, or accessibility of the Website; or (b) in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.2. You must not use this Website to:
(a) copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(b) transmit or send unsolicited commercial communications.
3.3. You must not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction and data harvesting, on or in relation to this Website without our express written consent.
3.4. You must not access or otherwise interact with our Website using any robot, spider or other automated means (except for the purpose of search engine indexing) or otherwise violate the directives set out in the robots.txt file of our Website.
3.5. You must not use data collected from the Website:
(a) for any marketing related activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing, without our express written consent;
(b) to contact individuals, companies or other persons or entities.
3.6. You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.
4. Disclaimer of Warranties
4.2. Specifically, and without prejudice to the generality of the above paragraph, Cognni does not warrant or represent:
(a) the completeness, truth, or accuracy of the information published in the Website;
(b) that the materials on the Website are up to date;
(c) that the Website or any service within will be available or remain available, constantly or at all.
4.3. Cognni reserves the right to discontinue or alter any or all of the Website and/or its services, and to stop publishing the Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if we stop publishing the Website.
4.4. Nothing on this Website constitutes, or is meant to constitute, advice of any kind by us.
4.5 This Website may include links to third party websites and applications (“Third Party Sites”). You are responsible for evaluating whether you want to access or use such Third Party Sites. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk, and, to the fullest extent permitted by law, we disclaim all liability arising from your use of Third Party Sites.
5. Limitation of Liability
5.1. Cognni will not be liable to you (whether under the law of contact, torts, equity or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website (a) for any loss, expense, damage, fine or penalty; and/or (b) for any indirect, special or consequential loss; and/or (c) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
5.2. These limitations of liability apply even if Cognni has been expressly advised of the potential liability.
5.3. You accept that Cognni has an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
5.4. Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit or exclude any liabilities in any way that is not permitted under applicable law.
5.5. The above exclusions will
(a) apply to all limitations of liability set out in this Section and elsewhere in these terms and conditions, and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
6. General
6.1. By using this Website, you agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable. If you do not think they are reasonable, you must not use this Website.
6.2. If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
6.3. You hereby indemnify Cognni and our directors, officers, employees, representatives, agents and contractors (“Released Parties”) and undertake to keep us and the Released Parties indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Cognni and/or any Released Party to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by Cognni or a Released Party arising out of any (i) breach by you or anyone on your behlaf of any provision of these terms and conditions, (ii) breach by you or anyone on your behalf of any applicable law or regulation in connection with your access or use of this Website, (iii) negligence or willful misconduct by you in connection with your access or use of this Website, or (iv) any claim that you have breached any provision of these terms and conditions.
6.4. Without prejudice to our other rights we have under these terms and conditions, if you breach these terms and conditions in any way, Cognni may take such action as deemed appropriate to deal with the breach, including:
(a) send you one or more formal warnings;
(b) suspend your access to the Website;
(c) prohibit you from accessing the Website;
(d) block computers using your IP address from accessing the Website;
(e) contact your internet service provider to request that they block your access to the Website; and/or
(f) commence legal proceedings against you whether for breach of contract or otherwise.
Where your access to our Website or part of it is suspended, prohibited, or otherwise blocked, you must not take any action to circumvent such suspension or prohibition or blocking.
6.5. Cognni may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our Website from the date of publication of the revised terms and conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. Please check this page regularly to ensure you are familiar with the current version.
6.6. Cognni may transfer, assign or sub-contract our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not assign, transfer, assign or sub-contract your rights and/or obligations under these terms and conditions.
6.7. Other than by Released PARties, these terms and conditions are not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
6.8. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
6.9. These terms and conditions, together with those detailed in our Privacy Policy constitute the entire agreement between you and Cognni in relation to your use of this Website, and supersede all previous agreements between you and Cognni in respect of your use of our Website.
6.10. This Agreement shall be construed and governed by the laws of the State of Israel, excluding matters concerning conflict of law. The parties agree that exclusive venue for any legal action relating hereto shall be in Tel Aviv, Israel, and exclusive jurisdiction shall be vested in the Tel Aviv District Courts. You consent to the exclusive jurisdiction of the courts located in Tel Aviv, Israel to resolve any dispute, claim or controversy that arises in connection with these terms and conditions. The parties agree not to contest the venue set forth herein and to submit to, and not contest, the exercise of personal jurisdiction over them by any of the foregoing courts. The parties hereby waive all rights concerning the exercise of personal jurisdiction by the foregoing courts and all claims of or concerning forum non-conveniens in the foregoing forums.
7. Company and Contact Information
7.1. Full Name: Cognni Ltd.
7.2. Company Number: 515729135
7.3. Full Address: 29 HaMered St., Tel Aviv, Israel, 6812511
7.4. You may provide legal notices to Cognni via email to compliance@cognni.ai, with a duplicate copy sent via registered mail, return receipt requested, to the above address.