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Terms of Service

Last updated: 10 May 2024

This Cogniti website (cogniti.ai, app.cogniti.ai, and other subdomains) (collectively, the “Services” or “Website“) provides general information for informational and educational purposes. This Service is created and provided by The University of Sydney (“University”, “we”, “us”, “our”). The website is available to educators, institutions, and students.  Please read these Terms of Service (“Terms”) carefully. Your use of our Services means that you agree to these Terms. If you do not agree with these Terms, you may not access or use our Services.

Warranty and general disclaimer

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Service or its content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Service will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this Service, any content, or any feature of this Service at any time without notice, and we will not be responsible for any loss, cost, damage or liability that may arise as a result. All provisions of the Terms which by their nature should survive termination shall survive termination.

Registering for and using our services

You register for our Services by logging in through certain third-party authentication platforms. In doing so, you agree to provide us with complete and accurate registration information. You may not attempt to impersonate another person without their express knowledge and permission.

You agree to be responsible for the security of your account. You accept that you are solely responsible for all activities that take place through your account, and that failure to limit access to your devices or browser may permit unauthorised use by third parties.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from your use of the Service.

Copyright and intellectual property

Your use of this Service and use of and access to any content does not grant or transfer any rights, title or interest to you in relation to this Service or its content. However, we grant you a licence to access the Service and view the content on these Terms and Conditions and, where applicable, as expressly authorised by us.

This Service is for your personal, non-commercial, educational use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within this Service. You may not use this Service or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

The content of this Website is protected under Australian and international copyright laws and conventions unless stated otherwise. Reproduction or use of any content of this Website is prohibited other than for good faith personal and non-commercial purposes. No content reproduced may be altered or presented in a false or misleading manner, whether by incorporation with other information or alone. Any reproduction or use of any content of this Website must always attribute copyright ownership to the University.

The University is committed to upholding the rights of copyright owners. If you believe that copyright material is available on this website in such a way that it constitutes a copyright infringement or a breach of a contract or licence, please notify the University.

You shall indemnify us on demand and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach or alleged breach by you of this copyright section of our Terms of Service. You undertake to defend us from and against any claim or action by a third party that the use or possession of any content submitted or uploaded to the website by you infringes the intellectual property of such third party (“IPR Claim”), and shall on demand indemnify us and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any such IPR Claim.

You grant the University a royalty-free, perpetual, irrevocable, and worldwide licence to use your input text, other media you upload, and content generated by the Services in response to your inputs (together, “User Materials”), to enable the University to provide, improve and maintain our Services. We may analyse the User Materials and metadata to better understand user behaviour, needs, preferences, and trends to provide, improve and maintain our Services.

Trade marks

The trade marks owned by the University are protected by Australian and international laws. You may not reproduce any of the trade marks of the University without written authorisation.

Privacy

Any personal information given to the University will be dealt with in accordance with University’s Privacy Policy. Any information provided may be accessed by any employee of the University in accordance with the requirements of University’s Privacy Policy.

We analyse your conversations with the AI and metadata to better understand user behaviour, needs, preferences, and trends for the University to learn more about how to make generative AI technology more helpful. These insights will be used to improve our existing Services and inform the development of new features and Services. Our uses of this data are detailed in our Privacy Policy.

Personal information and other Content may be voluntarily provided to this Service by the user. The University may use this information for research and non-commercial purpose only, such as to study the types of users and their usage of the Service.

The website uses Google Analytics to collect anonymous statistics on the number of visitors to the Service, pages visited, and approximate location of users based on the detected IP address. All this data is de-identified by Google.

Linking

The University reserves the right to request removal of any link to this Service.

The Services may contain links to third-party websites or services not owned or controlled by the University. The University is not responsible for the content or practices of any third-party website. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third-party websites or third-party services.

Liability

Any information generated and received by you from our Services may not be accurate or otherwise trustworthy. Do not rely on this information without fact-checking on your own or consulting with other trusted sources or experts.

The University does not guarantee the ’ accuracy, reliability or currency of the information provided by this Service. The University reserves the right to change at any time without notice any information displayed on this Service including these Terms of Service. The University accepts no liability for any loss or damage a person suffers because that person has directly or indirectly relied on any information displayed on this Service. In no event will the University or its employees be liable to you or anyone else for any decision made or action taken in reliance on the information in this Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Unacceptable activity

You must use our Services in compliance with any applicable law or requirement of any government agency or regulatory body. You must not engage in any act that we deem inappropriate, unlawful, or prohibited by any laws applicable to this website, including but not limited to:

  • breaching the privacy of individuals (including uploading private or personal information without an individual’s consent) or violating any other legal rights of individuals (including copyright infringement);
  • impersonating another person without their permission or misrepresenting your identity;
  • reverse engineering, decompiling, or attempting to derive the underlying AI models, algorithms, system prompts, or source code of our Services;
  • generating harmful, fraudulent, abusive, discriminatory, or otherwise objectionable content intentionally;
  • disabling, disrupting, or subverting the security of our Services;
  • using automated tools, bots, scripts, or other non-human means to access, interact with, or disrupt the website, its servers, or any associated networks, which could degrade the performance, functionality, or security of the Services;
  • using this Service to defame or libel us, our employees, or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of others; or
  • generating, posting, or transmitting any unauthorized material including, but not limited to, material that is defamatory, racist, obscene, threatening, pornographic, or otherwise objectionable or detrimental to our systems or a third party’s systems or network security.

Governing law

Your use of the Services and these Terms are governed by the laws of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

Changes to these terms

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Contact Us

If you have any questions about these Terms, please contact us at hello@cogniti.ai.

Update history

We want to be as transparent as possible about these Terms.

  • 5 September 2023: First version
  • 14 February 2024: Under “Content”, removed the use of Content to fine-tune artificial intelligence models.
  • 8 April 2024: Modified “We may use the content of your conversations as well as other metadata to improve our Services and create new Services.” to “We may analyse the content of your conversations as well as other metadata to better understand user behaviour, needs, preferences, and trends…” in order to clarify that the content itself is not taken and used.
  • 10 May 2024: Clarified areas about warranty and general disclaimer, copyright and intellectual property, privacy, trade marks, liability, unacceptable activity, and governing law.
  • 11 August 2024: Added clarification around ‘educational use’ in Copyright and intellectual property.