CogniFit - Terms & Conditions

These Terms of Service ("Terms") are an agreement between you and ConigFit Inc. product, a company located at 600 California Street, San Francisco, CA 94108, United States of America (“CogniFit”), developed in collaboration with Sonova AG, a company located at Laubisrütistrasse 28, 8712 Stäfa, Switzerland (“Sonova”). When the Terms mention "CogniFit"," "we," "us," or "our," they refer to the party to your agreement that provides you with our services (described below).

These Terms apply to your access and use of the services, including our websites, applications, cognitive assessments, brain training programs, SMS, APIs, email notifications, buttons, widgets, ads, commerce services, and other covered services that link to these Terms (collectively, the "Services").

You must accept these Terms to create an account and to access or use the Services. If you do not have an account, you accept these Terms by using any part of the Services. If you do not accept these terms, do not create an account or use the Services.

1. Read our Privacy Policy

We respects your privacy. For information about our data practices, please see our Privacy Policy. CogniFit and Sonova are the controllers of your personal data provided to, or collected by or for, or processed in connection with our Services. By accessing or using the Services, you agree that CogniFit and its affiliates can collect and use your information in accordance with the Privacy Policy.

2. Use of the Services

Persons under the age of 16, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Services unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Services if you are barred from receiving services under applicable law or have previously been suspended or removed from the Services.

If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words "you" and "your" as used in these Terms shall refer to such entity.

3. Creating an Account

Full use of the Services requires that you create an account by providing us with different information depending on your type of account. Such information may include your name, a valid email address, a strong password, as well as your date of birth and gender. You are responsible for all activity that occurs in association with your account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact our customer support at support@cognifit.com if you discover or suspect any security breach related to the Services or your account.

4. Posting your Content on the Services

We may enable you to post, upload, store, share, send, or display photos, images, video, data, text, cognitive performance, physical fitness, comments, and other information and content ("Your Content") to and via the Services. You retain all rights to Your Content that you post to the Services. By making Your Content available on or through the Services you hereby grant to us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 4 are only for the limited purpose of offering and improving the Services.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms

You represent and warrant that Your Content, the use and provision of Your Content on the Services, and your use of the Services will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.

We may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Services.

5. Our’s Rights

App's Content includes any photos, images, graphics, video, audio, data, text, music, cognitive performance, physical fitness, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Services (collectively referred to as "Content"). The Content, the Services, and CogniFit’s underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of United States of America and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. Our logos and any other CogniFit and Sonova trademarks that may appear on the Services, and the overall look and feel of the Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

6. "Dos and Don'ts" on the Services

When using the Services, you agree that you will:

• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
• Provide accurate information to us and keep it updated;
• Comply with any instructions and technical specifications provided by us, to enable the proper functionality of the Services, including by not altering or modifying any computer code provided to you;
• Communicate your requests, queries and other submissions with respect to your use of the Services, only to us; and
• Use the Services responsibly.

When using the Services, you agree that you will not:

• Create a false identity on the app, misrepresent your identity, create a user profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
• Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
• Override any security feature or bypass or circumvent any access controls or use limits of the Service;
• Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties, without our consent;
• Disclose information that you do not have the consent to disclose (such as confidential information of others
• Violate the intellectual property or other of our rights, including, without limitation, (i) copying or distributing our cognitive tests and training, wellness tips and articles, videos, or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word "CogniFit", "Sonova" or app name or our logos in any business name, email, or URL;
• Post anything that contains software viruses, worms, or any other harmful code;
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
• Imply or state that you are affiliated with or endorsed by CogniFit and/or Sonova without our express consent
• Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without our consent;
• Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without our consent;
• Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
• Monitor the Services’ availability, performance or functionality for any competitive purpose;
• Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
• Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services
• Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms and/or
• Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

7. Hyperlinks

You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Services, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in our sole discretion.

8. CogniFit and Sonova Enforcement Rights

We reserve the right (but are not required) to remove or disable access to the Services, any app content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Content, Your Content, or your use of the Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Services, and in response may take any action we may deem appropriate.

9. Use the Services at Your Own Risk

If you rely on any of our Content or Services, you do so solely at your own risk.

Our goal is to provide helpful and accurate information on the Services, but we make no endorsement, representation, or warranty of any kind about any content, information, or services. The accuracy of the data collected and presented through the Services has no indication that is or should be considered a Medical Device by the Food and Drug Administration (FDA) or European Medicines Agency (EMA).

The Services is not intended to diagnose, treat, cure, or prevent any disease. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Services. Our Content and Services may change from time to time or vary by geographic location. If any doubts, please get in touch with a qualified professional as we do not provide such service.

Use of the Services should not replace your good judgment and common sense.

10. Copyright Policy

We respect the intellectual property of others and expects its users to do the same. It is our‘s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders. Please see CogniFit’s DMCA/Copyright Policy.

11. Feedback and Submissions Policy

If you submit (at our request or otherwise) comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by us, or obtained from sources other than you.

12. Ads, Contests and Giveaways

The Services may include links to content on other web sites and online services. We do not operate or monitor these websites and services. You may find them or the information and content included therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or service, we do not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. We assume no responsibility or liability for such third-party websites or services, or for their availability.

The Services may include paid ads, sponsored links and commercial information (the "advertisements"). By clicking the advertisements you may be transferred to a website of an advertiser or receive other messages, information or offers from the advertiser and from others. We are not responsible for any of the advertisers' practices including their privacy practices, or for the content of their websites, information, messages or offers.

Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by CogniFit, Sonova or its partners. It is your responsibility to carefully review those terms and conditions.

13. Alerts and Notifications

As part of your use of the Services, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Services by using your notification account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

14. Third-Party Services

The Services may display or permit linking or other access to or use of third-party content, promotions, ads, websites, apps, services and resources (collectively "Third-Party Services") that are not under our control. This may include the opportunity for you to link your account, data, or the Services with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the application Services, such as third-party applications accessed to the Services, are not part of the Services and are not controlled by us, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

Additionally, Apple Inc. or Google, Inc. are Third-Party Services to this contract if you access the Services using our mobile applications developed for Apple iOS or Google Android, respectively. These Third-Party Services are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable Third-Party Service’s terms of use.

15. Changes to the Services

We may change or discontinue, temporarily or permanently, any feature, component or content of the Services at any time without notice. We are not liable to you or to any third-party for any modification, suspension, or discontinuance of any feature, component or content of the Services. We reserve the right to determine the timing and content of software updates.

16. Termination

We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support. Upon any termination of these Terms or suspension, termination, or discontinuation of the Services or your account, the acceptance of the Terms will survive.

17. Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. THE "ENTITIES" REFERS TO COGNIFIT, SONOVA, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS AND CONTRACTORS. WITHOUT LIMITING THE FOREGOING, THE ENTITIES EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Entities make no warranty that the Services or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Entities make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services or any Content.

18. Indemnity

You will indemnify and hold harmless The CogniFit and Sonova Entities from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. The CogniFit and Sonova Entities reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

19. Limitation of Liability

Neither the CogniFit Entities, nor Sonova Entities, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT The Entities HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL The Entities’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN The CogniFit and Sonova Entities AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

20. Dispute Resolution

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.

For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Services ("claim"), you agree that it will be resolved exclusively in the courts in the city of San Francisco, California. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions.

21. General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services and Content.

We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Services. When you use the Services after a modification becomes effective, you are telling us that you accept the modified Terms.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Services. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

Our's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

22. Additional Terms May Apply

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

25. Contact Us

For any request to access your personal data and request a copy of your personal data handled, or for any request concerning the deletion of your account, please contact CogniFit at privacy@cognifit.com In order to exercise your other legal rights, or for any other request concerning this Terms or the processing of your personal data, please contact Sonova at privacy@sonova.com or at our mailing address below:

CogniFit, Inc.
Attn: Legal Department (Terms of Service)
600 California Street, 11th Floor
San Francisco, CA 94108 USA

Last updated: September, 28 2021