Last updated: 18 August 2026
These Terms of Service ("Terms") govern access to and use of Cognaire Respond and other software, websites, applications and related services made available by Cognaire (collectively, the "Services").
In these Terms, "Cognaire", "we", "us" or "our" means the relevant Cognaire entity providing the Services:
The applicable Cognaire entity may be identified in an order form, customer agreement or other written agreement.
The Services are primarily provided to business customers.
If your organisation has entered into a separate written agreement, order form, master services agreement, software-as-a-service agreement, Data Processing Agreement or other contract with Cognaire governing the Services (a "Customer Agreement"), that Customer Agreement governs the provision and use of the Services and prevails to the extent of any inconsistency with these Terms.
These Terms provide public, user-facing conditions for access to the Services. They do not replace a negotiated Customer Agreement or create additional payment, service-level, data-processing, security or liability commitments where those matters are already governed by a Customer Agreement.
The Services are intended for business and professional use.
By accessing or using the Services, you represent that you are authorised to do so on behalf of the organisation that has provided or approved your access.
If you access the Services on behalf of an organisation, references to "you" in these Terms include you as an individual user and, where the context requires, the organisation on whose behalf you use the Services.
Subject to these Terms and any applicable Customer Agreement, Cognaire grants authorised users a limited, non-exclusive, non-transferable right to access and use the Services for the relevant customer's internal business purposes during the period for which access is authorised.
The Services are provided on a hosted, cloud-based basis. No ownership of the software or underlying technology is transferred to users or customers.
Cognaire may update, modify or enhance the Services from time to time. Where a Customer Agreement applies, commitments concerning material changes, notice, availability or service levels are governed by that Customer Agreement.
You must:
A customer is responsible for managing its authorised users and for use of the Services through accounts it controls, subject to the applicable Customer Agreement.
You must not use the Services to:
Cognaire may take reasonable steps to investigate suspected misuse and may restrict or suspend access where necessary to protect the Services, customers, users or third parties, or to comply with applicable law.
As between Cognaire and the customer, the customer retains its rights in documents, data, files, text, prompts, records and other materials submitted to, connected to, or generated through the Services on the customer's behalf ("Customer Content"), subject to third-party rights.
The customer grants Cognaire the limited rights necessary to host, store, transmit, analyse, transform and otherwise process Customer Content to provide, operate, maintain, secure and support the Services and to perform customer instructions, subject to the applicable Customer Agreement.
Customers and users are responsible for ensuring that they have the rights, consents, permissions and other lawful authority required to provide Customer Content to Cognaire, connect third-party systems, and instruct Cognaire to process relevant information.
Where a Customer Agreement or Data Processing Agreement applies, it governs the processing, permitted use, retention, deletion and return of Customer Content.
The Services include artificial intelligence and automated functionality that may analyse information, generate content, identify or rank relevant information, recommend actions, or assist with the execution of workflows.
You acknowledge that:
Nothing in the Services constitutes legal, financial, medical or other regulated professional advice unless expressly agreed in writing.
Specific contractual restrictions or commitments concerning the processing or use of Customer Content are governed by the applicable Customer Agreement and Data Processing Agreement.
The Services may interoperate with third-party applications, data sources, platforms, models or services selected, connected or authorised by a customer. These may be used as sources of information, processing services or execution targets within customer workflows.
By enabling a third-party integration or connector, the customer authorises Cognaire to access, exchange and process relevant information with that third-party service as necessary to provide the configured functionality.
Third-party services remain subject to their own terms, privacy practices, permissions, technical limitations and availability. Cognaire is not responsible for changes, outages or acts of a third-party service that are outside Cognaire's reasonable control.
Customers are responsible for maintaining any third-party permissions, licences or authorisations required for integrations they enable.
Cognaire handles personal information in accordance with the Cognaire Privacy Policy and applicable privacy and data protection laws.
Where Cognaire processes Customer Content on behalf of a customer, additional obligations may be set out in the applicable Customer Agreement or Data Processing Agreement.
Cognaire uses reasonable administrative, technical and organisational measures designed to protect the Services and Customer Content against unauthorised access, misuse, interference, loss and unauthorised modification or disclosure.
Customer environments and related processing may be located in multiple jurisdictions, including Australia and the United States. Certain AI and cloud services may process information using regional, cross-region or global infrastructure. Customer-specific data-location commitments are governed by the applicable Customer Agreement, Data Processing Agreement or order form.
Cognaire and its licensors retain all right, title and interest in the Services, software, interfaces, documentation, models, workflows, designs, technology and other intellectual property supplied by Cognaire, excluding Customer Content.
Except for the limited right to use the Services under these Terms or a Customer Agreement, no intellectual property rights are transferred to users or customers.
As between Cognaire and the customer, outputs generated specifically for the customer through the Services are for the customer's use, subject to the applicable Customer Agreement and any third-party rights in underlying content, models or tools.
If you provide suggestions, feedback or ideas about the Services, Cognaire may use that feedback to improve or develop its products and services.
Providing feedback does not transfer ownership of Customer Content to Cognaire.
Cognaire uses commercially reasonable efforts to operate and support the Services.
The Services may be unavailable from time to time because of maintenance, updates, third-party infrastructure, security events or circumstances outside Cognaire's reasonable control.
Any binding uptime commitments, support response targets, service credits or specific support obligations apply only where set out in a Customer Agreement or order form.
Cognaire may suspend or restrict access to the Services where reasonably necessary to address:
Access to the Services may end when the applicable customer subscription or Customer Agreement ends, when the customer removes a user's authorisation, or as otherwise permitted under the applicable Customer Agreement.
Fees, usage allowances, billing terms, subscription periods, renewals, professional services and other commercial terms are governed by the applicable Customer Agreement or order form.
These public Terms do not independently create a payment obligation where no commercial arrangement exists.
To the maximum extent permitted by applicable law, and subject to any express commitments in a Customer Agreement, the Services are provided on an "as available" basis.
Cognaire does not warrant that the Services will be uninterrupted or error-free, or that AI-generated or automated outputs will be complete, accurate or suitable for every purpose.
Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee or liability that cannot lawfully be excluded, restricted or modified.
Where a Customer Agreement applies, the limitations and exclusions of liability in that Customer Agreement govern.
Where no Customer Agreement applies, then to the maximum extent permitted by applicable law:
Nothing in this section excludes or limits liability to the extent it cannot lawfully be excluded or limited.
Cognaire may update these Terms from time to time to reflect changes to the Services, business practices, legal requirements or technology.
The current version will be published on the Cognaire website and identified by the "Last updated" date.
Where a Customer Agreement applies, an update to these public Terms does not override negotiated provisions of that Customer Agreement.
If a Customer Agreement specifies governing law or dispute procedures, those provisions apply.
Where no Customer Agreement applies:
These provisions are subject to any mandatory law that applies and cannot lawfully be excluded.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in effect.
A failure to enforce a provision is not a waiver of that provision.
Headings are for convenience only and do not affect interpretation.
Questions about these Terms may be sent to:
Cognaire Legal
Email: legal@cognaire.com
Privacy enquiries should be directed in accordance with the Cognaire Privacy Policy.