Terms of Service.

These Terms of Service (“Agreement”) govern access to and use of the CognitiveView platform (“Service”) by the entity identified in an applicable Order Form (“Customer”).

By accessing or using the Service, Customer agrees to this Agreement.

The Service is provided pursuant to one or more Order Forms.

In the event of conflict:

1. Order Form
2. Data Processing Agreement (if applicable)
3. These Terms

“Service” means the CognitiveView SaaS platform, including APIs, dashboards, and related functionality

“Customer Data” means data submitted to or processed by the Service

“User” means individuals authorized by Customer

“Evaluation Outputs” means analysis, benchmark comparisons, and reports generated by the Service

“Benchmarks” means predefined, industry-referenced, or Customer-defined evaluation criteria

“Security Incident” means confirmed unauthorized access to Customer Data

CognitiveView grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the subscription term for internal business purposes.

Customer will not:

• reverse engineer or replicate the Service;
• attempt unauthorized access;
• interfere with system integrity or performance; or
• use the Service for unlawful or harmful purposes.

Customer is responsible for:

• All use of the Service by its Users
• Maintaining credential security
• Ensuring lawful use of Customer Data
• Managing access controls and configurations

Eligibility and Accounts

Customer represents that it has the authority to enter into this Agreement. Customer is responsible for:

• managing User accounts and permissions,
• maintaining confidentiality of credentials,
• promptly notifying CognitiveView of unauthorized access or account misuse. Users must access the Service only through authorized accounts provided by Customer.

7.1 Usage

Customer must adhere to agreed usage limits. Excess usage may result in additional fees or required upgrades.

7.2 Fees

Fees are defined in the Order Form and are non-refundable unless otherwise stated.

7.3 Payment Terms

Fees are due as specified in the Order Form. Late payments may incur interest and may result in suspension of access to the Service.

8.1 Evaluation Services

The Service evaluates and compares Customer-provided or system-integrated technical metrics against predefined, industry-referenced, or Customer-defined benchmarks. CognitiveView does not generate underlying evaluation metrics.

8.2 Benchmarks

Benchmarks may include internally defined criteria, industry-referenced practices, or Customer-defined standards. Where applicable and reasonably practicable, CognitiveView provides visibility into:

• evaluation logic
• assumptions
• comparison methodology.

CognitiveView does not guarantee the completeness, accuracy, or suitability of any benchmark.

8.3 Metric Responsibility

Customer is solely responsible for:

• accuracy and completeness of input metrics
• configuration of integrations
• validation of source data

CognitiveView is not responsible for errors originating from input data or third-party systems.

8.4 Evaluation Outputs

Evaluation Outputs are derived from:

• input metrics
• selected benchmarks
• evaluation logic

Such outputs do not constitute independent validation of underlying data.

8.5 Evidence Positioning

The Service provides structured analysis and evidence artifacts to support Customer’s internal governance, assessment, and compliance processes. Such evidence may be used by Customer in connection with third-party or independent audits, reviews, or assurance activities. CognitiveView does not act as an auditor, certifying body, or assurance provider, and does not provide audit opinions, certifications, or guarantees of compliance.

8.6 Evidence Transparency and Traceability

Where applicable and reasonably practicable, evidence artifacts may include traceability to:

• input metrics,
• applied benchmarks,
• evaluation methodology.

The scope and completeness of such evidence depend on Customer-provided data, selected benchmarks, and system configuration.

The Service may use analytical or AI-based techniques to interpret and compare metrics. Such processing:

• supports evaluation workflows
• does not replace human judgment
• does not independently validate underlying data

All decisions, actions, and outcomes based on Evaluation Outputs remain solely with the Customer. CognitiveView does not assume responsibility for decisions made using the Service.

The Service provides informational analysis and supporting evidence only and does not constitute certification, audit opinion, legal advice, or regulatory approval. Use of the Service does not guarantee compliance with any law, regulation, or standard.

Customer acknowledges that outputs depend on:

• input data quality
• benchmark selection
• configuration

Outputs may not be complete, accurate, or suitable for all use cases.

CognitiveView operates as a metadata-focused platform and processes technical metrics and related data. The Service does not process raw prompts, training datasets, or sensitive personal data as part of its core functionality.

The Service may rely on integrations with external systems or tools. CognitiveView does not control and is not responsible for:

• availability
• accuracy
• reliability

of third-party systems or data.

Certain features may be provided as preview or experimental functionality. Such features:

• may be incomplete or unstable
• may change or be discontinued
• are provided without service commitments

Customers use such features at their own discretion.

Customer represents that it has the necessary rights and legal basis to provide data to the Service. Customer is responsible for ensuring data complies with applicable laws and does not violate third-party rights.

CognitiveView implements reasonable safeguards to protect the Service.

Shared Responsibility

• CognitiveView: infrastructure security
• Customer: access, configuration, and data usage

CognitiveView will notify Customer of a confirmed Security Incident without undue delay and, where feasible, within 72 hours.

CognitiveView may engage subprocessors and remain responsible for their actions.

Customers may export data within 30 days after termination.

Data may be deleted or de-identified thereafter unless required by law.

Each party will protect confidential information and use it only for purposes of this Agreement. Confidentiality obligations survive termination of this Agreement.

CognitiveView retains all rights to the Service.

Customer retains rights to Customer Data.

CognitiveView may update the Service but will not materially reduce core functionality during the subscription term.

CognitiveView may suspend or restrict access to the Service if:

• Customer breaches this Agreement,
• Customer’s use poses a security or operational risk,
• suspicious, fraudulent, or malicious activity is detected,
• suspension is required by law or regulatory authority,
• Customer fails to pay applicable fees.

Where practicable, CognitiveView will provide notice prior to suspension.

CognitiveView warrants that it will provide the Service in a manner consistent with generally accepted industry standards. Except as expressly stated, the Service is provided “as is” and “as available,” and CognitiveView disclaims all other warranties, including fitness for a particular purpose and non-infringement.

26.1 By CognitiveView

CognitiveView will defend Customer against claims that the Service infringes third-party intellectual property rights and will indemnify Customer against resulting damages, provided Customer promptly notifies CognitiveView and provides reasonable cooperation.

26.2 By Customer

Customer will defend and indemnify CognitiveView against claims arising from:

• Customer Data
• misuse of the Service
• violation of applicable laws or third-party rights

To the maximum extent permitted by law, each party’s total aggregate liability arising out of or relating to this Agreement will not exceed the total fees paid by Customer in the twelve (12) months preceding the claim.

Exclusions

This limitation does not apply to:

• indemnification obligations
• breaches of confidentiality
• Customer’s payment obligations

Neither party will be liable for indirect, incidental, special, or consequential damages.

This Agreement continues for the subscription term unless terminated for breach or non-payment.

Neither party will be liable for failure to perform due to events beyond reasonable control, including natural disasters, infrastructure failures, or government actions.

This Agreement is governed by the laws specified in the applicable Order Form or, if not specified, the laws of the jurisdiction of the applicable contracting entity, excluding conflict of law principles.

Customer may not assign this Agreement without prior written consent, except in connection with a merger or sale of substantially all assets. CognitiveView may assign this Agreement as part of a corporate reorganization or sale.

CognitiveView may identify Customer as a user of the Service, including use of Customer’s name and logo, unless Customer opts out in writing.

This Agreement, together with any applicable Order Forms and referenced policies, constitutes the complete and exclusive agreement between the parties and supersedes all prior or contemporaneous oral or written agreements relating to the subject matter herein.

Customer agrees not to use the Service in violation of applicable export control, sanctions, or trade compliance laws.

Sections relating to confidentiality, intellectual property, indemnification, limitation of liability, payment obligations, and any provisions intended to survive termination will survive termination of this Agreement.

Failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.

If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force and effect.

Privacy Policy: https://www.cognitiveview.com/privacy Data Processing Addendum (DPA): https://www.cognitiveview.com/dpa Security Overview: https://www.cognitiveview.com/security Trust Center: https://trust.cognitiveview.com

Contact: sales@cognitiveview.com

Copyright Agent: sales@cognitiveview.com