1. Introduction
Welcome to Cognition Controls ("we," "us," or "our"). These Terms of Service ("Terms") govern your access and use of our Cognition Smart Commercial Control ("Hardware"), wireless sensors ("Sensors"), and the Cognition Controls Platform ("Platform Service"). The Platform Service is a Software-as-a-Service (SaaS) platform for data management, storage, connectivity, and control functionalities.
2. Acceptance of Terms
By purchasing Hardware or subscribing to the Platform Service, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not purchase the Hardware or use the Platform Service.
3. Definitions
4. Hardware Purchase
5. Platform Service Subscription
6. Platform Service Payment Details (Monthly)
7. Platform Service Payment Details (Upfront)
8. User Accounts
9. Acceptable Use Policy
10. Disclaimer of Warranties
THE HARDWARE, SENSORS, AND PLATFORM SERVICE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE HARDWARE, SENSORS, OR PLATFORM SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE HARDWARE, SENSORS, OR PLATFORM SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Termination
These Terms may be terminated by either you or us. We may terminate these Terms at any time, with or without notice, for any reason. You may terminate these Terms by discontinuing your use of the Hardware, Sensors, and Platform Service.
Cancellation by Customer
Payment Upon Cancellation
13. Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of Delaware.
14. Entire Agreement
These Terms constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
15. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
16. Updates to Terms
We may update these Terms from time to time. We will post any changes on our website and notify you of any material changes. Your continued use of the Hardware, Sensors, or Platform Service after the posting of any revised Terms constitutes your acceptance of such revised Terms.
17. Contact Us
If you have any questions about these Terms, please contact us at [email protected]