Terms & Conditions

You may use the Services only if:

• you are legally capable of entering into a binding contract under applicable law;
• you are not prohibited from using the Services under any applicable law, sanction, export control, or regulation;
• all information you provide to us is accurate, current, complete, and not misleading; and
• if you are using the Services on behalf of a company, organization, institution, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

The Services are not directed to children under the minimum age required by applicable law to provide valid consent to online services. If you are under the age of majority in your jurisdiction, you may use the Services only with the involvement and permission of a parent or legal guardian, where permitted by law.

MetaCognition provides a website and related digital infrastructure that may include informational pages, software tools, dashboards, user accounts, subscriptions, downloadable resources, AI-enabled or data-driven features, community or support functions, APIs, integrations, and commercial offerings. Certain features may be subject to separate commercial terms, statements of work, order forms, service descriptions, or enterprise agreements. In the event of a direct conflict, the more specific agreement will control solely with respect to that subject matter.

We may modify, suspend, discontinue, restrict, or remove any feature, functionality, integration, content, or part of the Services at any time, with or without notice, to the maximum extent permitted by law.

To access certain features, you may be required to create an account. You agree to:

• provide accurate registration information;
• keep your login credentials confidential and secure;
• promptly update your account information as needed;
• remain responsible for all acts, omissions, and activities occurring under your account, whether or not authorized by you, unless prohibited by applicable law; and
• notify us immediately of any actual or suspected unauthorized access, misuse, security breach, or compromise involving your account.

We may suspend, restrict, or terminate your account, or require credential resets or additional verification, if we believe your account is insecure, inaccurate, used in violation of these Terms, or creates risk for the Services, users, or third parties.

You agree not to, and not to permit, encourage, assist, or enable any other person or entity to:

• access or use the Services in violation of any law, regulation, court order, or third-party right;
• infringe, misappropriate, or violate any intellectual property, privacy, publicity, confidentiality, contractual, or other right;
• use the Services to store, transmit, publish, generate, promote, or facilitate unlawful, fraudulent, defamatory, obscene, abusive, hateful, harassing, deceptive, or harmful material;
• upload or transmit malware, ransomware, spyware, malicious code, harmful scripts, or any material intended to disrupt, damage, intercept, exfiltrate, or gain unauthorized access to any system, data, or network;
• interfere with, disrupt, damage, overburden, disable, impair, or compromise the Services or any related infrastructure;
• bypass, disable, defeat, avoid, remove, deactivate, or otherwise circumvent any technical limitation, rate limit, access control, security mechanism, usage rule, filtering system, or protective measure;
• probe, scan, test, benchmark, or assess vulnerabilities of the Services without our prior written authorization;
• scrape, crawl, spider, harvest, index, mirror, frame, deep-link, or extract content or data from the Services by automated means, except where expressly authorized by us in writing or by a publicly available machine-readable permission mechanism we provide;
• reverse engineer, decompile, disassemble, translate, reconstruct, or otherwise attempt to derive source code, trade secrets, models, underlying ideas, structures, or algorithms from the Services, except to the extent such restriction is prohibited by non-waivable law;
• access the Services for the purpose of building, training, improving, benchmarking, or providing a competing product or service;
• impersonate another person or entity, falsely imply affiliation, or misrepresent identity, credentials, origin, or authority;
• use the Services to send spam, chain letters, unauthorized advertisements, or unsolicited communications;
• submit false, incomplete, misleading, or deceptive information, including in connection with payments, identity, compliance, support, or account creation;
• attempt to gain unauthorized access to accounts, devices, systems, data, or networks;
• use the Services in a manner that could create legal exposure or reputational harm for MetaCognition;
• use the Services for any high-risk activity where failure, error, or output could reasonably lead to death, bodily injury, environmental damage, or significant property loss, unless expressly authorized by a separate written agreement; or
• use the Services contrary to any documentation, technical restrictions, usage limits, or policies we publish.

The Services may permit you to submit, upload, post, transmit, store, integrate, or otherwise make available data, text, prompts, files, images, audio, video, code, documentation, communications, feedback, and other materials (collectively, "User Content").

You retain ownership of User Content as between you and MetaCognition, subject to the rights you grant below. You represent and warrant that:

• you own or control all rights necessary to provide the User Content and to authorize our use of it under these Terms;
• the User Content and our permitted use of it will not violate any law or third-party right;
• the User Content does not contain anything unlawful, infringing, malicious, or deceptive; and
• where required, you have obtained all notices, consents, and permissions necessary for collection, use, disclosure, transfer, and processing of the User Content.

You grant MetaCognition a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, cache, reproduce, display, perform, modify, adapt, translate, reformat, transmit, distribute, and otherwise process User Content solely as reasonably necessary to operate, provide, secure, maintain, support, improve, and enforce the Services, to comply with law, and to exercise our rights and obligations under these Terms and our Privacy Policy.

If you post User Content in public or shared areas of the Services, you also grant us the right to display and distribute that User Content in connection with those features.

We do not assume any obligation to monitor User Content, but we may review, refuse, remove, block, preserve, disclose, or take other action regarding User Content at our discretion if we believe it may violate these Terms, applicable law, our rights, or the rights or safety of others.

If the Services include AI-assisted, algorithmic, automated, predictive, recommendation, or data-processing functionality, such functionality may produce outputs, inferences, summaries, analyses, suggestions, or other results (collectively, "Outputs"). Unless otherwise stated in a separate written agreement, Outputs are provided for informational purposes only and may be inaccurate, incomplete, biased, delayed, or unsuitable for your particular use case.

You are solely responsible for reviewing, validating, and determining the appropriateness of any Outputs before relying on, publishing, sharing, implementing, or acting on them.

To the extent permitted by applicable law and our Privacy Policy, we may use aggregated, de-identified, anonymized, or otherwise non-personally identifiable usage data, telemetry, technical logs, service interactions, and performance data to maintain, secure, analyze, improve, develop, support, and train or optimize aspects of the Services. Where law requires, we will obtain consent or provide legally required controls.

If you provide suggestions, ideas, enhancement requests, recommendations, corrections, comments, or other feedback relating to the Services (collectively, "Feedback"), you grant MetaCognition a perpetual, irrevocable, worldwide, non-exclusive, sublicensable, transferable, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, commercialize, and otherwise exploit that Feedback for any lawful purpose without restriction, attribution, approval, or compensation to you.

The Services, including all software, code, models, interfaces, designs, layouts, text, graphics, logos, trade names, service marks, trademarks, databases, compilations, audio, video, documentation, and all other materials and technology made available by or on behalf of MetaCognition, together with all related intellectual property and proprietary rights, are and remain the exclusive property of MetaCognition and its licensors.

Except for the limited rights expressly granted in these Terms, no right, title, or interest in or to the Services or any intellectual property is transferred, licensed, or assigned to you. All rights not expressly granted are reserved.

You may not use MetaCognition's name, logo, branding, trade dress, marks, screenshots, or other brand features without our prior written consent, except as expressly permitted by applicable law.

Subject to your compliance with these Terms, MetaCognition grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal, personal, or authorized business purposes, as applicable to the plan or offering you selected.

This license does not include any right to:

• resell, lease, license, sublicense, distribute, or commercially exploit the Services except as expressly authorized in writing;
• copy, reproduce, modify, create derivative works of, or publicly display the Services except as expressly permitted;
• access the Services to build a competing product or service;
• remove or alter any proprietary notice; or
• use the Services beyond applicable limits, quotas, account tiers, or usage restrictions.

The Services may contain links to third-party websites, applications, content, products, services, integrations, APIs, or resources, or may interoperate with them. We do not control and are not responsible for third-party offerings, including their content, functionality, policies, terms, availability, or practices.

Your dealings with third parties are solely between you and the third party. MetaCognition does not endorse, warrant, or assume liability for any third-party offering unless expressly stated in writing.

If you purchase any paid Service, subscription, plan, feature, license, or other offering, you agree to pay all fees, charges, and applicable taxes described at the time of purchase or otherwise agreed in writing.

Unless otherwise stated:

• all fees are stated in the applicable currency and are non-refundable except as required by law or expressly provided by us in writing;
• subscriptions renew automatically for successive periods equal to the initial term unless canceled before renewal in accordance with the applicable cancellation rules;
• you authorize our payment processors and us to charge the payment method on file for recurring and one-time charges, including taxes and any overdue amounts;
• you are responsible for keeping payment information current and valid; and
• late, failed, reversed, disputed, or declined payments may result in suspension, restriction, downgrade, or termination of access.

You are responsible for any sales, use, value-added, withholding, GST, VAT, or similar taxes, duties, levies, or governmental charges associated with your purchase or use of the Services, excluding taxes based on our net income.

If a payment is overdue, we may charge interest at the lesser of 1.5% per month or the maximum rate permitted by law, and you will reimburse reasonable costs of collection, where lawful.

We may offer free trials, evaluations, demos, alpha, beta, early access, pilot, preview, experimental, or pre-release features (collectively, "Beta Features"). Beta Features are provided strictly as is, may contain errors or defects, may be interrupted or discontinued at any time, and may be subject to additional restrictions.

MetaCognition makes no representation that Beta Features will become generally available. To the maximum extent permitted by law, Beta Features are excluded from any indemnity, support commitment, service level, warranty, and liability obligation unless otherwise expressly provided in writing.

By using the Services, you consent to receive communications from us electronically, including by email, in-product notices, dashboard messages, SMS where permitted and consented to, and postings on the Services. You agree that such communications satisfy any legal requirement that communications be in writing, unless applicable law requires a different method.

You are responsible for retaining copies of notices, invoices, confirmations, and other records relevant to your use of the Services.

Our collection, use, disclosure, storage, transfer, and other processing of personal data are governed by our Privacy Policy and, where applicable, any data processing agreement, cookie notice, or consent mechanism we provide.

You acknowledge that internet transmissions are never completely private or secure and that information you send through the Services may be accessed or intercepted by others despite reasonable safeguards.

Where you provide personal data of others through the Services, you represent and warrant that you have all rights and legal bases necessary to do so and to authorize our processing under these Terms and our Privacy Policy.

If you believe that any content on the Services infringes your copyright or other intellectual property rights, please send a notice to krish@getmetacognition.com containing sufficient detail for us to evaluate the claim, including:

• identification of the work claimed to be infringed;
• identification of the material claimed to be infringing and information reasonably sufficient to locate it;
• your contact information;
• a statement of good-faith belief that the disputed use is not authorized;
• a statement, under penalty of perjury where applicable, that the information is accurate and that you are authorized to act; and
• a physical or electronic signature.

We may remove or disable access to allegedly infringing material and may terminate repeat infringers where appropriate.

MetaCognition may, but is not obligated to, monitor use of the Services for compliance, security, fraud prevention, quality control, support, product improvement, and legal purposes, subject to applicable law and our Privacy Policy.

We may investigate suspected violations of these Terms and may cooperate with law enforcement, regulators, courts, or third parties in connection with actual or suspected misconduct, rights enforcement, or legal process.

We may suspend, restrict, disable, or terminate your access to all or part of the Services, without prior notice, if:

• you breach these Terms or any incorporated policy;
• we suspect fraud, abuse, unlawful activity, security compromise, or prohibited conduct;
• your use creates risk, harm, or potential liability to us, the Services, users, or third parties;
• required by law, court order, regulator, sanctions regime, or governmental request;
• fees remain unpaid; or
• we discontinue the relevant Service or offering.

You may stop using the Services at any time, and may cancel any account or subscription subject to the applicable cancellation terms.

Upon termination:

• your rights under these Terms will immediately cease;
• you must stop using the Services;
• we may delete or disable access to your account, User Content, and related data in accordance with our retention practices, Privacy Policy, and legal obligations; and
• provisions that by their nature should survive will survive, including ownership, disclaimers, limitations of liability, indemnity, dispute terms, payment obligations accrued before termination, and enforcement rights.

The Services and all content, Outputs, information, materials, and communications provided through them are for general informational purposes only unless expressly stated otherwise in a separate written agreement.

MetaCognition does not provide legal, financial, investment, tax, accounting, medical, therapeutic, compliance, employment, or other regulated professional advice through the website unless expressly and lawfully stated. You must obtain independent professional advice from qualified advisors before making decisions that could affect legal rights, finances, health, compliance obligations, or material business outcomes.

To the maximum extent permitted by applicable law, the Services are provided on an "as is," "as available," and "with all faults" basis.

MetaCognition and its affiliates, licensors, service providers, and partners disclaim all representations, warranties, conditions, guarantees, and undertakings of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, reliability, security, interoperability, or that the Services will be uninterrupted, error-free, timely, complete, or free of harmful components.

Without limiting the foregoing, MetaCognition does not warrant that:

• the Services will meet your requirements or expectations;
• the Services or Outputs will be accurate, complete, current, suitable, or reliable;
• defects will be corrected;
• the Services will be secure or free from loss, corruption, attack, viruses, or unauthorized access; or
• any content or data will not be lost or damaged.

Some jurisdictions do not allow exclusion of certain warranties, so some of the above exclusions may not apply to you to the extent prohibited by law.

To the maximum extent permitted by applicable law, in no event will MetaCognition or its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, or partners be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, or for any loss of profits, revenue, goodwill, business opportunity, contracts, anticipated savings, data, or use, or for business interruption, system failure, or the cost of substitute goods or services, arising out of or relating to the Services or these Terms, regardless of theory of liability and even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the aggregate liability of MetaCognition and its affiliates arising out of or relating to the Services or these Terms will not exceed the greater of:

• the amount you paid to MetaCognition for the Services giving rise to the claim during the twelve (12) months preceding the event giving rise to liability; or
• USD 50.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including where required for fraud, fraudulent misrepresentation, willful misconduct, gross negligence, death, personal injury, or statutory consumer rights, to the extent such exclusion is prohibited.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MetaCognition, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, successors, and assigns from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your access to or use of the Services;
• your User Content;
• your breach of these Terms or any incorporated policy;
• your violation of any law or third-party right; or
• any dispute between you and any third party relating to the Services.

MetaCognition reserves the right, at your expense where permitted by law, to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with that defense.

MetaCognition will not be liable for any delay, interruption, failure, or non-performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemic or pandemic events, labor disputes, internet or telecommunications failure, utility failure, cyberattacks, denial-of-service events, civil unrest, war, terrorism, embargo, sanctions, governmental action, or failures of third-party hosting, infrastructure, or suppliers.

You may not use, export, re-export, release, transfer, or otherwise make available the Services or any related software, technology, or data in violation of any applicable export control, trade sanctions, or import law.

You represent and warrant that you are not located in, ordinarily resident in, organized under the laws of, or owned or controlled by a person in any country or territory subject to comprehensive sanctions, and that you are not identified on any restricted-party list applicable to the Services.

Nothing in these Terms is intended to exclude, restrict, or modify any non-waivable rights you may have under applicable consumer protection, privacy, or other mandatory laws. Where local law grants you rights that cannot be waived, those rights will prevail to the extent of the conflict.

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and MetaCognition will be governed by and construed in accordance with the laws of Bengaluru, Karnataka, India, without regard to conflict-of-law principles that would require the application of another jurisdiction's laws.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively as follows:

You agree that the state and federal courts located in Bengaluru, Karnataka, India will have exclusive jurisdiction, and you irrevocably submit to the personal jurisdiction and venue of those courts.

To the maximum extent permitted by applicable law, disputes must be brought only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, representative, collective, or private attorney general action.

Nothing in these Terms prevents either party from seeking interim, provisional, or injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, or security interests.

We may revise these Terms from time to time. If we make changes, we will post the updated Terms and revise the "Last Updated" date. Where required by law, we will provide additional notice.

Changes will become effective upon posting or on the stated effective date. Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the revised Terms, except where law requires affirmative consent.

You may not assign, transfer, delegate, or otherwise dispose of these Terms or any rights or obligations under them, whether by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this section is void.

MetaCognition may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, sale of assets, financing, or change of control.

These Terms, together with all policies and documents incorporated by reference and any applicable order forms or written agreements expressly stated to govern your use of particular Services, constitute the entire agreement between you and MetaCognition with respect to the Services and supersede all prior or contemporaneous understandings, communications, and proposals relating to that subject matter.

If any provision of these Terms is held unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

No failure or delay by MetaCognition in exercising any right, remedy, power, or privilege under these Terms will operate as a waiver. Any waiver must be in writing and signed by an authorized representative of MetaCognition.

Section headings are for convenience only and do not affect interpretation. The words "including," "include," and "such as" are deemed followed by "without limitation." References to law include amendments and successor provisions. These Terms will not be construed against any party by reason of authorship.