FREE OF CHARGE VERSION FOR EVALUATION USE ONLY. ANY COMMERCIAL USAGE INCLUDING COMPETITIVE ANALYSIS IS STRICTLY PROHIBITED. The license is time limited and non-transferable. Usage of the Software requires the acceptance of the present terms and conditions.
COGNIGY.AI FREE TRIAL TERMS & CONDITIONS (“T&C”)
Copyright © 2020 –Cognigy GmbH. All rights reserved.
These T&C are made by and between Cognigy GmbH, cognigy.com, ("Cognigy") and the user ("You") who completes the request process on the Cognigy website to get access to and use the software Cognigy.AI (“Software”) provided that the term “Software” also comprises any documentation and manuals made available together with or included in the Software.
BY FILLING IN THE FORM TO GET INSTANT ACCES AND CLICKING THE BUTTON “Start my Free Trial”, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THESE T&C. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE T&C, THE BUTTON “Start my Free Trial” MUST NOT BE CLICKED AND YOU MUST NOT USE ANY PART OF THE SOFTWARE.
1. Limited License Grant
1.1. Cognigy is the owner of the usage and exploitation rights to the Software.
1.2 All intellectual and industrial property rights to the Software, and in particular the comprehensive copyright, together with all rights in the Software, documents and information made available together with or as part of the Software, shall remain with Cognigy and its licensors. This legal status enjoyed by Cognigy and its licensors shall remain unchanged by the limited license granted to You herein.
1.3 Cognigy grants You for free the non-exclusive, non-transferable temporary right to make online use of the Software for evaluation purposes in accordance with the provisions set forth herein. The trial term of the license begins as soon as You have registered for the free trial on the Cognigy website and Your user account established during the registration has been activated. Cognigy makes available the Software to You via Internet access and software-as-a-service only.
1.4 The Software may be used by You to create conversational artificial intelligences. The right to use the Software granted to You by Cognigy serves to demonstrate its functionality and properties. The conversational artificial intelligence created by using the Software may only be used for private purposes. Thus, the Software is being provided to You for Your own private evaluation and non-commercial use only. Any commercial and non-PRIVATE use of the Software is strictly prohibited. You are not permitted to make available the Software in whole or in part, in whatsoever form or for whatsoever purpose. The license under these T&C is granted subject to the condition that the Software is used by You Yourself through Your registered user account and not by any third party. ANY USE OF THE SOFTWARE BY ANY THIRD PARTY IS NOT ALLOWED.
1.5 Knowledge gained as a result of the use of the Software must not be used to develop software of its own in the same field of application (i.e. conversational artificial intelligences), nor be made available to third parties for this purpose. In particular, the Software must not be imitated. You are not allowed to manipulate the Software in order to exploit it beyond the permitted scope of use. Without Cognigy’s prior written permission, You must not use the Software to perform benchmark tests or issue benchmark results which compare the Software with other conversational artificial intelligences software products.
1.6 ANY MISUSE OF THE SOFTWARE OR INFRINGEMENT OF COGNIGY’S INTELLECTUAL PROPERTY RIGHTS MIGHT BE SUBJECT TO PROSECUTION AND CLAIMS FOR INDEMNIFICATION ACCORDING TO STATUTORY LAW.
2. No License Fee
As being a free trail edition, the right to use the Software as provided in section 1, is being granted to You on gratuitous loan and free of charge.
3. Limited Warranty
3.1 With regard to the Software, Cognigy shall be liable to compensate You for any damage arising from any infringement of intellectual property rights and any defects provided that Cognigy concealed fraudulently the respective infringement or defect of the lent Software.
3.2 All other warranties are expressly excluded.
4.Limitation of Liability
4.1 Cognigy is only responsible for intent and gross negligence.
4.2 UNDER NO CIRCUMSTANCES SHALL COGNIGY BE LIABLE TO YOU FOR ANY DAMAGES BEYOND COGNIGY´S LIABILITY SET FORTH IN SECTION 1.
5.Term and Termination
5.1 These T&C commence when duly accepted by You.
5.2 The limited license granted in section 1 and Your user account registered for evaluation of the Software may be terminated by either party at any time. Cognigy‘s right to terminate the license according to the statutory provisions of a gratuitous loan agreement remain unaffected. After the termination of the license You are not allowed to access and use the Software according to these T&C anymore. Cognigy may deactivate and delete Your user account after the termination.
5.3 The foregoing shall not affect either party’s right to extraordinary termination for cause.
You agree that the Software is confidential information of Cognigy. Taking this into consideration, You shall protect Cognigy’s confidential information including, but not limited to, the Software from unauthorized dissemination and shall use with the same degree of care that You use to protect Your own like information but, in no event, less than a reasonable degree of care. However, You must not use Cognigy’s confidential information for purposes other than those necessary to directly further the purposes of these T&C. In no case, You may disclose to third parties Cognigy’s confidential information without Cognigy’s prior written consent. The aforesaid confidentiality obligations survive the termination or expiration of these T&C for an unlimited period.
7. Handling and Use of Your Data
7.1 You grant Cognigy a limited, non-exclusive right to process and use Your data that You process with the Software to the extent necessary to perform Cognigy’s obligations under these T&C. Cognigy agrees that, as between You and Cognigy, Your data shall at all times be considered Your property. You assume full responsibility for ensuring that you are entitled to grant Cognigy the foregoing right with respect to all Your affected data. To the extent, Your data are personal data You shall be the controller according to Art. 4 no. 7 GDPR.
7.2 Notwithstanding the foregoing, Cognigy is entitled to collect and analyze data created in connection with Your use of the Software and data derived from this use. You grant Cognigy for free the non-exclusive, perpetual, worldwide right (i) to use this information and data to improve the Software and for other development, diagnostic and correction purposes in connection with the Software and other offers of Cognigy and (ii) to pass on these data exclusively in summarized or other, unidentified and anonymous form in connection with its business.
7.3 The limited license granted in section 1 does not include any obligations of Cognigy to store or backup any data processed with the Software or work results that You achieve when using the Software (e.g. work results that you create in a conversational artificial intelligence trial project). Thus, it is Your sole responsibility to store and backup any of Your data and work results used or created in connection with Your trial usage of the Software.
7.4 You must not upload information, programs or other material or data protected by data protection law, copyright or other industrial, personal or other property rights into the Software or allow third parties to upload such material or data without having the necessary rights to do so. Similarly, You are prohibited from importing prohibited information, programs, materials or data (e.g. terrorist, child pornographic or racist content) into the Software or allowing third parties to do so.
8.1 If any provisions of these T&C should be or become illegal, invalid or unenforceable under present or future laws, the remaining provisions shall not be affected thereby. The illegal, invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic intent of the illegal, invalid or unenforceable provision. The aforesaid shall apply respectively in any cases of omissions or regulatory gaps.
8.2 These T&C shall be governed and construed by the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and the conflict of laws provisions under German law are hereby excluded.
Information pursuant to Sect. 5 German Telemedia Act (TMG)
Commercial Register: HRB 79167
Registration court: Düsseldorf