Terms of Service

We are delighted that you are a member of the Kognie community or interested in being a member. Thank you for your interest in learning our Terms and Conditions. Please read these carefully. Any comments or questions regarding these should be directed to contact@kognie.com.

Kognie.com (the Kognie Platform) is owned and operated by Docunexus, Inc. (the Company), which is incorporated in the state of New York.
The Kognie Platform consists of a service component (Kognie Services) and a content component (Kognie Media).
Kognie Services is an Artificial Intelligence Research Assistant, which provides the following services to users.
1. Uploading their documents on Kognie (User Documents)
2. Automatically creating an essay/report on any topic specified by a user based on the documents retrieved from the World Wide Web (Web Documents) and/or the User Documents.
3. Automatically creating answers to user’s questions based on Web Documents and/or User Documents.
4. Automatically creating summaries of User Documents. e. The above list of services will be supplemented with other services (such as, automatically creating presentations for users) in the future.
Kognie Media consists of content created by employees of Kognie and/or automatically generated by Kognie Services on the behalf of Kognie (as opposed to content created on the behalf of and at the request of a User) and posted on the Kognie Platform and made available to Users. This content is collectively referred to as ‘Kognie created content’. This content may take many forms including but not limited to:
1. Articles of interest to users of the Kognie Platform
2. Answers produced by any of our chatbots
3. Video lectures
Your Content (aka User Content) consists of
1. Content you upload on the Kognie Platform (typically, as a resource to be used to perform a Kognie service such as essay writing on your behalf)
2. Content you create on any of our workbenches by modifying the content provided to you by Kognie Services
Our Content: To be precise this consists of
1. All intellectual property in or related to the Kognie Platform (specifically including, but not limited to our software, the Kognie marks, the Kognie logo)
2. Any content produced by the Kognie team and posted on any of the web pages of the Kognie Platform (this includes but is not limited to what is described in 4 above as ‘Kognie created content’).
3. Content created by Kognie Services on behalf of a User (but not the version of this content modified by the User on our workbenches.) All of the above is collectively referred to as “Our Content and Materials.
4. All data the Kognie Platform collects (“Data”) about use of the Kognie Platform by you or others is the property of Docunexus, Inc., its subsidiaries, and affiliates.
5. Our license to you:
  1. The Company grants you a personal, limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the Kognie Platform in connection with your use of the Kognie Platform, subject to the terms and conditions of this Agreement.
  2. The Company gives you a worldwide, royalty-free, revocable, personal, non-assignable and non-exclusive license to re-post Our Content and Materials anywhere on the web, subject to these Terms and Conditions and provided that: (a) you do not modify the content; (b) you attribute the Kognie Platform by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on https://kognie.com on every page that contains Our Content and Materials; (c) upon request, by the Company you remove a specified user's name from content; (d) upon request by the Company you make a reasonable effort to update a particular piece of content to the latest version on the Kognie Platform; and (e) upon request by the Company you make a reasonable attempt to delete content, which the Company may ask you to do for any reason; (f) you don’t republish more than a small portion of Our Content and Materials; (g) you do not use any automated tools to aggregate or create derivative works. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by the Company, or any user of the Kognie Platform, without separate, express prior written permission from the Company.
  3. The Company reserves the right to terminate our license to you at any time for any reason. The Company reserves the right to refuse to distribute any content on the Kognie Platform or to remove content. Except for the rights and license granted in these Terms of Service, the Company reserves all other rights and grant no other rights or licenses, implied or otherwise.
6. Permitted uses. If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access the Kognie Platform, subject to the following additional rules: i) you must use a descriptive user agent header; ii) you must follow robots.txt at all times; iii) your access must not adversely affect any aspect of the functioning of our platform; and iv) you
must make it clear how to contact you, either in your user agent string, or on your website if you have one. You represent and warrant that you will not use any automated tools such as artificial intelligence or machine learning i) to create derivative works of Our Content and Materials; ii) to create any service competitive to Kognie; or iii) for other commercial purposes except as expressly permitted by these Terms of Service or the written consent of the Company. 7. No Endorsement or Verification. Please note that the Kognie Platform contains access to content, products and services produced by the Company and other parties. It must be clearly understood that availability of content on our platform of any nature whatsoever, does not amount to endorsement or verification by the Company. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Kognie Platform by anyone, including the Company. 8. Ownership. You acknowledge and agree that Our Content and Materials remain the property of the Kognie Platform or their users. The content, information and services made available on the Kognie Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
You may enable another online service provider, such as a social networking service, to be directly integrated into your account on the Kognie Platform. By enabling such an integrated service, you are allowing us to pass to, and receive from, the provider of such a service your log-in credentials and other user data. For more information about how the Company uses, stores, and shares information related to you and your use of such services within the Kognie Platform, please see our Privacy Policy. Note that your use of any such integrated service and its own handling of your data and information is governed solely by their terms of use, privacy policies, and other policies.
The Kognie Platform may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such websites or resources.
DISCLAIMERS AND LIMITATION OF LIABILITY EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
1. WE ARE PROVIDING YOU THE KOGNIE PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE CONTENT CREATED BY YOUR USE OF ANY OF THE KOGNIE SERVICES, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
2. WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE KOGNIE PLATFORM, INCLUDING ANY SERVICE PROVIDER INTEGRATED WITH THE KOGNIE PLATFORM OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE KOGNIE PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. WE MAKE NO WARRANTY THAT: (a) THE KOGNIE PLATFORM WILL SATISFY YOUR INFORMATIONAL NEEDS; (b) THE KOGNIE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE KOGNIE PLATFORM, A CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE KOGNIE PLATFORM WILL BE SATISFACTORY.
3. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE KOGNIE PLATFORM. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO DOCUNEXUS, INC. IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100.
4. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE KOGNIE PLATFORM IS TO STOP USING IT.
5. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE FOREGOING SECTIONS 9(c) AND 9(d)WILL NOT APPLY TO A RESIDENT OF NEW JERSEY, TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF KOGNIE’S NEGLIGENT, FRAUDULENT, RECKLESS, OR INTENTIONAL MISCONDUCT.
Indemnification You agree to indemnify and hold the Company, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third-party that are in any way due to, or arising out of, your use of or conduct on the Kognie Platform
Legal Disputes and Arbitration Agreement for users in the United States and Canada
1. Initial Dispute Resolution. We are available by email at contact@kognie.com to address any concerns you may have regarding your use of the Kognie Platform. The parties agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations with us, before initiating a lawsuit or arbitration.
2. Agreement to Binding Arbitration. If an agreed upon solution is not reached through informal dispute resolution as outlined above within a period of thirty (30) days pursuant to the initial dispute resolution procedure provided in Section 10(a) above, then either party may initiate binding arbitration to formally resolve claims, subject to the terms and exclusion set forth below. All claims arising out of or relating to these Terms of Service (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Kognie Platform will be finally settled by binding arbitration administered by AAA, in accordance with the AAA Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties will select a single neutral arbitrator in accordance with the AAA Consumer Arbitration Rules. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. Either party may elect to appear at the arbitration by phone or, if mutually agreed, to conduct it online, in lieu of appearing live. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be in writing and provide a statement of the essential findings and conclusions, will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service will be subject to the Federal Arbitration Act.
3. Rules. The AAA rules governing the arbitration may be accessed at https://www.adr.org/. Each party will be responsible for its arbitration fees as set forth in the AAA Consumer Arbitration Rules. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
4. Class Action and Class Arbitration Waiver. The parties each further agree that any arbitration will be conducted in our respective individual capacities only and not as a class action or other representative action, and each expressly waives its respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 10(b) will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate disputes.
5. Exception: Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and on an individual (non-class) basis only.
6. Exception: Intellectual Property and Content Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, this binding arbitration section does not apply to disputes relating to either party’s intellectual property rights (trademark, copyright, patent, and trade secret). For further clarification, disputes relating to your privacy rights are not excepted from this binding arbitration section.
7. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 10(b) and 10(c) by sending written notice of your decision to opt-out by emailing us at contact@kognie.com. The notice must be sent within thirty (30) days of registering to use the Kognie Platform, otherwise you will be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.
General Terms
1. Changes to these Terms of Service. We may amend this Agreement (including any policies, such as our Privacy Policy, that are incorporated into this Agreement) at any time, in our sole discretion. If we amend material terms to this Agreement, such amendment will be effective after you have been notified about the amended agreement. Your failure to cancel your account, or cease use of the Kognie Platform, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the Kognie Platform.
2. Use Outside of the United States. The Company expressly disclaims any representation or warranty that the Kognie Platform complies with all applicable laws and regulations outside of the United States. If you use the Kognie Platform outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Kognie Platform.
3. Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
4. Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
5. Entire Agreement/ Severability. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
6. Notices. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via contact@kognie.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
7. Relationship. This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
8. Waiver. No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
Contact. Feel free to contact us through kognie.com/contact with any questions about these terms.