Cognito Terms of Service

Terms and Conditions

These terms and conditions constitute an Agreement between you and Cognito, LLC for cloud applications and related products and services (collectively the "Services") that we offer on the Cognito Site.

By using the Cognito Site, you agree to be bound and to comply with, the terms of this Agreement. Violation of any of the terms of this agreement will result in the termination of your right to use the Cognito Site and any account that you may have created as part of the services. You agree to use the Cognito Site at your own risk. If you will be using the Services on behalf of an organization, you agree to these terms on behalf of that organization and you represent that you have authority to do so, in such case, "you" and "your" will refer to that organization.

Your Account

You represent and warrant that you are at least 18 years of age or the applicable age of majority in your geographic area, and that you possess the legal right and ability to enter into this Agreement and open an Account.

In connection with opening an Account, you must provide a valid email address and any other information required by us during the registration process.

Maintaining the security of your Account and password is your responsibility and you should change your password regularly. If your Services or Account are fraudulently used, you agree to immediately notify us of such unauthorized use. We have the right to interrupt, restrict, or terminate Services to your Account, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are also responsible for all content that you may post on the Cognito Site (“Content”) and activity that occurs under your Account. Personally identifiable information submitted by you shall be subject to our Privacy Policy located at www.cognitoforms.com/privacy.

One person or legal entity may not maintain more than one free "Individual" Account. Accounts registered by “bots” or other automated methods are not permitted.

We assume no responsibility for any damages to computer equipment or other property that may result from use of the Cognito Site or downloading anything from the Cognito Site.

License Grants & Restrictions

Subject to the terms of this Agreement, we grant to you a non-exclusive, revocable, non-transferable, limited license, without right of sublicense, to access and use the Cognito Site and the Services solely with supported browsers through the internet for your own purposes. You may not:

  1. Market, distribute, sublicense, publically display, sell, assign, pledge, lease, rent, time share, transfer or in any way encumber, or commercially exploit or otherwise make available to any third party the Cognito Site or Services;
  2. Reverse compile, reverse engineer, reverse assemble, or otherwise attempt, directly or indirectly, to obtain or create source code for the Cognito Site or Services for any reason;
  3. Modify or create derivative works of the Cognito Site or Services;
  4. Interfere with or disrupt the integrity or performance of the Cognito Site or Services;
  5. Attempt to gain unauthorized access to the Cognito Site or Services or their related systems or networks; or
  6. Remove any copyright, trademark, or other notices or legends from the Cognito Site or Services.

Your Responsibilities

You are responsible for all activity occurring under your Account and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties, and regulations relating to your use of the Cognito Site.

You shall: (i) notify us immediately of any unauthorized use of any password or Account or any other known or suspected breach of security; and (ii) report to us immediately and use reasonable efforts to stop immediately any unauthorized copying or distribution of Content or other Cognito Site materials that is known or suspected by you.

Prohibited Uses

Any use or attempted use of the Cognito Site is prohibited if it is:

  1. For any unlawful, unauthorized, fraudulent or malicious purpose,
  2. That could damage, disable, overburden, or impair any server, or the network(s) connected to any server,
  3. That could interfere with any other party's use and enjoyment of the Cognito Site,
  4. To gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means,
  5. To access systems, data or information not intended by us to be made accessible to you,
  6. To obtain or attempt to obtain any materials or information through any means not intentionally made available by us, or
  7. For any use other than the business purpose for which it was intended.

In connection with your use of the Cognito Site, you agree you will not:

  1. Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
  2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any representative of Cognito, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. Upload or transmit any material that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships;
  4. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  5. Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation without opt-in, commercial or otherwise;
  6. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  7. Delete or revise any material posted by any other person or entity unless such material is incorrect and you are permitted to delete or revise it;
  8. Probe, scan, test the vulnerability of or breach the authentication measures of, the Cognito Site or any related networks or systems; or
  9. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Cognito Site.

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of the prohibited uses, including, without limitation, the suspension or termination of your access to the Services and/or Account.

If necessary and in accordance with applicable law, we will cooperate with local, state, federal, international, and/or worldwide government authorities to protect the Cognito Site, Content, Services, Accounts, visitors, customers, Cognito, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, and agents and operational providers, from the unauthorized use of the Cognito Site, Content, Services or Accounts. Subject to our Privacy Policy, we reserve the right at all times to disclose any information that we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials at our sole discretion.

DATA COLLECTION

You are solely responsible for any and all data used and submitted in connection with the Services, and Cognito has no responsibility in connection thereto. You data collection responsibilities include, but are not limited to, the following:

  1. You will comply with all data protection and privacy laws and rules applicable to data collected using your forms.
  2. You must obtain and maintain consent from your customers to your access, use, or disclosure of this data and to Cognito, for providing the tools for you to perform the actions described herein. You must obtain any authorizations from your customers required to enable Cognito to provide the Services.
  3. You will defend, indemnify, and hold harmless Cognito from any claim, suit or proceeding brought against Cognito by a user of your forms in connection with any acts or omissions with regards to data collected by your forms.
  4. You are solely responsible for compliance with the Children's Online Privacy Protection Act of 1998 ("COPPA"), including but not limited to, obtaining parental consent for the collection and use of information from people under the age of thirteen (13) in connection with use of the Services by you and your customers. 
  5. You are solely responsible for compliance with HIPAA in connection with Protected Health Information (as such term is defined in HIPAA, the Health Information Technology for Economic and Clinical Health ("HITECH") provisions of the American Recovery and Reinvestment Act of 2009. 
  6. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to other sensitive information, including but not limited to social security numbers, drivers’ license numbers, and bank account information, obtained or used in connection with use of the Services by you and your customers. 
  7. You are expressly prohibited from collecting and storing credit card information in Cognito Forms, except as supported by Cognito Forms for processing online payments using secure third-party payment processors such as Stripe.  When used properly, Cognito Forms servers never process, store or transmit credit card information.

Payment & Refunds

A valid credit card is required for accounts with monthly paid subscriptions. Free Individual accounts which provide a limited access to the Services are not required to provide a credit card number. The Cognito Site is billed in accordance with our pricing schedule located at www.cognitoforms.com/pricing and all subscription payments are non-refundable.  However, you can upgrade or downgrade your subscription at any time for any reason.  When downgrading, a prorated amount for the time remaining in the current month will be credited back to your account.  These credits will be automatically applied to future subscription payments.  For example, if you are on a $24 a month plan and downgrade to $10 plan half way through the month, you will receive a $12 credit on your account, which will then apply to subscription payments in subsequent months until the credit is exhausted.

LIMITS & DOWNGRADING

Cognito Forms provides generous free usage for customers on the Individual subscription plan and offers paid plans for larger organizations.  Each plan has specific limits for number of new entries created per month, total amount of storage allowed for organization data and uploaded files, and the number of users that can use Cognito Forms for an organization.  These limits are clearly identified on our pricing schedule located at www.cognitoforms.com/pricing.  When these limits are exceeded, either through normal usage of the product or as a result of downgrading, the following will occur:

Term

The term of this Agreement begins on the date we activate Services for your Account. This Agreement will continue from month to month until terminated by either party pursuant to these terms.  All monthly subscriptions start on the first of the month and end on the last day of each month.

Violation of this Agreement

We reserve the right to investigate and prosecute violations of any of the terms of this Agreement to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that we have no obligation to pre-screen or monitor your access to or use of the Cognito Site or any information, materials, or other content provided or made available through the Cognito Site, but have the right to do so. You hereby agree that we may, in the exercise of our sole discretion, remove or delete any entries, information, materials or other content that violates this Agreement or that is otherwise objectionable.

Cancellation

You are solely responsible for properly canceling your Account.  There are two ways within Cognito Forms to cancel your account.  First, if you are the sole Owner of an organization, you can delete the organization from the Organization Settings page, which will delete the organization, all organization data, and cancel any monthly paid subscriptions.  Second, you can delete your user account at any time at the bottom of the My Account page, which will also automatically delete any organizations for which you are the sole Owner. 

If for some reason you are unable to cancel your account through Cognito Forms, you may also cancel your Account at any time by writing us a letter with your Cognito organization name, registered email address, and phone number to the following address:

Cognito LLC
1301 Gervais Street, Suite 1800
Columbia, SC 29201

Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from us once your account is cancelled. Please be aware that we may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Cancellations will take effect immediately. Upon the commencement of a new Services period, the Services will terminate without additional notice, and you will not be charged for any subsequent Services periods. You will not be provided any refunds for unused time on your Services period.

Termination

We reserve the right to terminate any free Accounts that have no activity for 6 months. We, in our sole discretion, have the right to suspend or terminate your Account and this Agreement if (i) you breach this Agreement or (ii) your bandwidth usage significantly exceeds the average bandwidth of other users of the Services. In each such case, we may refuse to provide you any current or future use of the Cognito Site, or any other Services.

We reserve the right to refuse service to anyone for any reason at any time.

All sections which by their nature should survive the expiration, termination or cancellation of the Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

Modifications to the Cognito Site and Prices

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Cognito Site and Services (or any part of the Cognito Site and Services) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Cognito Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Cognito Site.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Cognito Site.

We may change or modify this Agreement from time to time, but any such change (i) will be made in good faith, and (ii) if significant (as determined in our sole discretion), will only be made after first providing you with notice of the change. You can review the most current version of this Agreement at any time at our Site. If you do not agree to a significant change, you may terminate this Agreement by terminating use of the Services and/or by requesting that we terminate your Services.

Copyright and Content Ownership

We claim no intellectual property rights over the Content you provide to the Cognito Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content you add.

We do not pre-screen Content, but we and our designees have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Cognito Site.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us by filling out this form www.cognitoforms.com/reportabuse/, emailing us at takedown@cognitoapps.com, or sending a letter to

Cognito, LLC
1301 Gervais Street, Suite 1800
Columbia, SC 29201

Please provide us with the following information:

  1. Identify the material on the Cognito Site that you claim is infringing, with enough detail so that we may locate it on the site;
  2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  3. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  4. Your address, telephone number, and email address; and
  5. Your physical or electronic signature.

We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act.

Disclaimer of Warranties

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE COGNITO SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. COGNITO AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COGNITO AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. COGNITO DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE COGNITO SITE WILL BE CORRECTED. COGNITO AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Service Availability & Support

We will make reasonable efforts to keep the Services operational 24 hours a day, 7 days a week. There will be periods of downtime for maintenance and upgrades, and sometimes, for reasons that we did not plan. We will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond our control.

WE MAKE NO GUARANTEE AS TO UPTIME OR AVAILABILITY OF THE SERVICES.

Technical support can be obtained through the support section of our site. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COGNITO OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THE USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR COGNITO SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF COGNITO OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR COGNITO SITE, FROM INABILITY TO USE THE SERVICES OR COGNITO SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR COGNITO SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, COGNITO SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND COGNITO AGREE THAT IN NO EVENT SHALL LIABILITY OF COGNITO TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Third Party Services

Cognito may engage certain affiliates, subcontractors, or other third parties to provide all or part of the Services to you, including payment processing services, and you hereby acknowledge and agree that such third party involvement is acceptable. These third party services may have their own associated terms of services and license agreements that you will agree to when you sign up for accounts with those service providers. You agree that any interaction with these third parties will be governed by the agreements between you and each individual third party and that Cognito shall not be held liable for any issues that may arise in connection with your use of these third party services, regardless of any real or potential involvement of Cognito in the provisioning of those services.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COGNITO, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES OR THE COGNITO SITE, (B) ANY OTHER PERSON’S USE OF ANY ACCOUNT YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES.

NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE GROSSLY NEGLIGENT ACTS OF COGNITO OR ITS EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Feedback

To the extent that we receive from you any suggestions, ideas, improvements, modifications, feedback, error identifications or other information related to the Services (“Feedback”), we may use, disclose and exploit such Feedback without restriction, including to improve the Services and to develop, market, offer, sell and provide other products and services and in that connection you hereby grant to us a worldwide, irrevocable, perpetual, transferable, sublicenseable, royalty-free, fully paid up license to use and incorporate into the Cognito Site and Services any Feedback provided by you.

Links to Other Materials

The linked sites are not necessarily under our control and we are not responsible for the content of any linked site or any link contained in a non-affiliated linked site. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to the Cognito Site, you do so entirely at your own risk.

Assignment

We may assign all or part of our rights or duties under this Agreement without notice to you; provided any such third party shall be obliged to honor the terms of this Agreement. You may not assign this Agreement without our prior written consent.

General

This Agreement will be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to its conflict of laws, provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of this Agreement). Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of Cognito. The failure of Cognito to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Important Contact Information for Inquiries

Questions about this Agreement should be addressed to terms@cognitoapps.com or by mail at

Cognito, LLC
1301 Gervais Street, Suite 1800
Columbia, SC 29201

Questions about billing should be addressed to billing@cognitoapps.com.