Terms of Service

Welcome to the website of Cognitech Insights LLC ("Cognitech Insights," "we," "us," or "our"), accessible at cognitechinsights.com (the "Site"). These Terms of Service ("Terms") govern your access to and use of the Site and any professional services we provide.

By accessing or using the Site, or by engaging Cognitech Insights for any services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or our services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

Cognitech Insights is a technology consultancy specializing in AI and intelligent automation, data analytics and engineering, custom software and application development, and web platforms and IT consulting. We help businesses modernize, automate, and grow through tailored technology solutions.

The specific scope, deliverables, timelines, and fees for any engagement are defined in a separate Statement of Work ("SOW"), proposal, or written agreement between you and Cognitech Insights. These Terms serve as the baseline governing all engagements unless explicitly superseded by an executed SOW or contract.

Each consulting engagement is governed by a mutually agreed-upon Statement of Work or equivalent written agreement that outlines the project scope, milestones, deliverables, timelines, and compensation. In the event of a conflict between these Terms and any SOW, the SOW shall prevail with respect to that specific engagement.

No binding obligation to perform services arises until both parties have executed the applicable SOW or written agreement.

Client Deliverables. Upon full payment, all deliverables created specifically for you under a SOW are assigned to you, unless otherwise specified in the applicable agreement.

Pre-Existing IP. Cognitech Insights retains all rights in its pre-existing intellectual property, including but not limited to proprietary tools, frameworks, methodologies, libraries, and general knowledge developed before or independently of any engagement. Where pre-existing IP is incorporated into a deliverable, you receive a non-exclusive, perpetual, royalty-free license to use it within the scope of the delivered solution.

Site Content. All content on the Site, including text, graphics, logos, and design, is the property of Cognitech Insights or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from Site content without our prior written consent.

Each party agrees to keep confidential any proprietary or non-public information disclosed by the other party in connection with an engagement, including but not limited to business data, technical specifications, strategies, and trade secrets. Confidential information shall not be disclosed to third parties or used for any purpose other than fulfilling obligations under the applicable SOW, except as required by law. These confidentiality obligations survive the termination of any engagement.

Fees for services are set forth in the applicable SOW or written agreement. Unless otherwise agreed, invoices are due within thirty (30) days of issuance. Late payments may be subject to interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.

You are responsible for all taxes, duties, or levies associated with the services, excluding taxes on our net income. If a project is terminated before completion, you agree to pay for all work performed and expenses incurred through the effective date of termination.

To the maximum extent permitted by applicable law, Cognitech Insights shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to these Terms or any services provided, regardless of the theory of liability.

Our total aggregate liability for any claims arising under or in connection with these Terms or any SOW shall not exceed the total fees paid by you to Cognitech Insights during the twelve (12) months immediately preceding the event giving rise to the claim.

Cognitech Insights warrants that services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. If any services fail to meet this warranty, your sole remedy is for us to re-perform the affected services at no additional cost, provided you notify us in writing within thirty (30) days of delivery.

Except as expressly stated above, all services and the Site are 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. We do not guarantee that our services will achieve specific business results.

Each party agrees to indemnify, defend, and hold harmless the other party and its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to (a) the indemnifying party's breach of these Terms, (b) the indemnifying party's negligence or willful misconduct, or (c) violation of applicable law by the indemnifying party.

In the course of delivering services, Cognitech Insights may utilize or recommend third-party software, platforms, APIs, or services. These third-party offerings are governed by their respective terms of service and privacy policies. Cognitech Insights is not responsible for the availability, performance, security, or practices of any third-party tools or services, and your use of such tools is at your own risk.

Either party may terminate a specific engagement as set forth in the applicable SOW. In the absence of termination provisions in a SOW, either party may terminate an engagement upon thirty (30) days' written notice to the other party.

Upon termination, you agree to pay for all services rendered and expenses incurred through the effective date of termination. Sections relating to intellectual property, confidentiality, limitation of liability, indemnification, and governing law shall survive termination.

These Terms and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of the United States and the state in which Cognitech Insights LLC is registered, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located within that jurisdiction, and both parties consent to the personal jurisdiction of such courts.

We reserve the right to update or modify these Terms at any time. When we do, we will revise the "Last Updated" date at the top of this page. Your continued use of the Site or our services following any changes constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

If you have questions about these Terms of Service, please reach out to us through our contact page.