Terms of Service (ToS)

Effective Date: 06/03/2024

Artificial Platforms Inc. ("Cognitive Calls", "we", "us", or "our") operates the website and provides the Cognitive Calls platform (the "Service"). These Terms of Service ("Terms") govern your use of our Service.

Definitions

For the purposes of these Terms of Service:

1. Acceptance of Terms

Welcome to Cognitive Calls, provided by Artificial Platforms Inc. ("Cognitive Calls", "we", "us", "our"). By accessing or using the Cognitive Calls platform (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. Overview of Service

Cognitive Calls is an AI-driven voice interaction platform that facilitates business communications, including automated call handling, real-time data collection, and integration with other business applications.

3. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement.

4. User Accounts

4.1 Account Registration

You must provide accurate and complete information when creating an account. You agree to keep this information up-to-date.

4.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account.

5. Use of the Platform

5.1 Permitted Use

You may use the platform for lawful business purposes in accordance with these Terms.

5.2 Prohibited Use

You may not use the platform for any illegal activities or in any manner that could harm the platform’s functionality.

Not Allowed Use Cases

  • Sexual content or services
  • Promotion or distribution of alcohol-related content
  • Political campaigning or lobbying
  • Military applications or content promoting violence
  • Discriminatory content or actions against any individual or group based on race, gender, religion, nationality, disability, or any other characteristic
  • Content or activities that violate human rights or any US amendments
  • Any use that infringes on users’ privacy or violates the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), or UK GDPR

6. Intellectual Property Rights for Cognitive Calls

6.1 Ownership of Intellectual Property

All rights, titles, and interests in and to the Cognitive Calls platform (including but not limited to software, algorithms, designs, text, graphics, logos, trademarks, and documentation) are owned by Artificial Platforms Inc. These rights are protected by copyright, trademark, patent, and other intellectual property laws.

6.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Cognitive Calls platform solely for your internal business purposes. This license does not include the right to:

6.3 User Content

You retain all rights, titles, and interests in and to the data, content, and other materials you upload or provide while using Cognitive Calls. By uploading or providing content to the Cognitive Calls platform, you grant Artificial Platforms Inc. a worldwide, royalty-free, non-exclusive license to use, reproduce, distribute, display, and perform your content solely for the purpose of providing the services to you.

6.4 Feedback

If you choose to provide input or suggestions regarding problems with or proposed modifications or improvements to any aspect of the Cognitive Calls platform ("Feedback"), you hereby grant Artificial Platforms Inc. an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, without any limitations, credit, or fees due to you.

7. Privacy and Data Security

7.1 Data Collection

We collect and use personal data in accordance with our Privacy Policy.

7.2 Data Security

We implement appropriate technical and organizational measures to protect your data against unauthorized access and processing.

8. Payment and Fees

8.1 Subscription Fees

You agree to pay all applicable subscription fees for your use of the platform. Fees are due in advance and are non-refundable.

8.2 Late Payments

Late payments may result in suspension or termination of your account.

9. Termination

9.1 By User

You may terminate your account at any time by contacting customer support.

9.2 By Company

We may terminate or suspend your account if you violate these Terms or engage in prohibited activities.

10. Warranties and Disclaimers

10.1 Platform Availability

We strive to ensure the platform is available 24/7, but we do not guarantee uninterrupted service.

10.2 Disclaimer

The platform is provided "as is" without warranties of any kind, either express or implied.

11. Limitation of Liability

To the maximum extent permitted by law, Artificial Platforms Inc. shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with your use of the platform.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any significant changes. Continued use of the platform after such changes constitutes your acceptance of the new terms.

14. Additional Terms

14.1 Arbitration

Except for certain kinds of disputes described in Section 14.2, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND COGNITIVE CALLS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

14.2 Exceptions to Arbitration

Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described herein.

14.3 Governing Law

These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Cognitive Calls agree to submit to the personal jurisdiction of a state court located in Delaware or a United States District Court for the District of Delaware for any actions for which we retain the right to seek injunctive or other equitable relief.

14.4 Severability

If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

14.5 Waiver

The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.

14.6 Entire Agreement

These Terms constitute the entire agreement between you and Cognitive Calls with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

14.7 Force Majeure

Neither party will be liable for any failure or delay in its performance under these Terms due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, and failure of the Internet or utility services.

15. Contact Information

For any questions about these terms, please contact us at:

Artificial Platforms Inc.
8 The Green, Ste R
Dover, DE 19901
support@cognitivecalls.com
+1 628 225 3757