Terms of Use
Last updated: August 24, 2026
These Terms of Use ("Terms") govern your access to and use of CognitiveUX.ai, a software-as-a-service platform ("Service") provided by Digi Performance Technologies Private Limited ("we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
Definitions
- "Customer" or "You": the individual or entity that creates an account and uses the Service.
- "Service": the CognitiveUX.ai platform, including all features, tools, workflows, and functionality provided through cognitiveux.ai and related applications.
- "Subscription": a paid plan granting access to premium features for a specified billing cycle.
- "Credits": units of usage allocated to your account and consumed when using certain features (such as workflow runs, automations, or AI usage).
- "Customer Data": any data, content, or information you upload, connect, transmit, or process through the Service, including data from connected third-party platforms.
- "Output": any content generated by the Service, including AI-generated text, reports, analytics, and workflow results.
- "Third-Party Services": external platforms integrating with CognitiveUX.ai, including but not limited to Google, Meta, TikTok, LinkedIn, Microsoft, and AI providers.
Use of the Service
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during the term of these Terms.
You may not use the Service in any way that could damage, disable, overburden, or impair it, or interfere with any other party's use of it. You may not attempt to gain unauthorized access to the Service, other accounts, or connected systems through hacking, credential mining, or any other means.
You are solely responsible for all data, information, and content uploaded, stored, or processed using the Service. You represent that you have the necessary rights to upload and process such data and that your use of the Service complies with all applicable laws and industry standards, including the policies of any advertising platform you connect (such as restrictions on automated actions, messaging, data usage, and content guidelines). Violations of a third-party platform's policies resulting from your workflows are your sole responsibility.
Account Registration and Security
- Account creation: you must provide accurate, complete, and current information, and keep it updated.
- Account security: you are responsible for maintaining the confidentiality of your account access (including magic links, SSO credentials, API keys, and connected integrations) and for all activity under your account.
- Unauthorized access: notify us immediately at support@cognitiveux.ai if you become aware of unauthorized access to or use of your account. We are not liable for losses arising from unauthorized use of your account.
- Account sharing: you may not share account access or credentials, or allow multiple individuals to use a single account, unless your plan explicitly permits it.
- One account per person: each individual may maintain only one free account; creating multiple accounts to abuse free tiers or promotions is prohibited.
- Connected account authorization: you confirm you have proper authorization to connect and access any third-party accounts and data (such as ad accounts or analytics properties) through CognitiveUX.ai, and are solely responsible for obtaining necessary permissions from account owners.
Intellectual Property
- Our ownership: CognitiveUX.ai, including its software, code, design, user interface, workflow engine, workflow templates, documentation, and all related intellectual property, is owned exclusively by Digi Performance Technologies Private Limited. These Terms do not grant you ownership rights in the Service.
- Your ownership: you retain all ownership rights to your Customer Data. We do not claim ownership over data you upload or connect to the Service.
- License to process your data: by using the Service, you grant us a limited, non-exclusive, worldwide license to access, process, store, and transmit your Customer Data solely to provide and improve the Service. This license terminates when you delete your data or close your account.
- Output ownership: as between you and us, you own Output generated from your Customer Data, excluding the underlying CognitiveUX.ai software, workflow templates, proprietary components, and any applicable third-party or AI provider restrictions.
- Restrictions: you may not copy, modify, distribute, sell, or lease any part of the Service, reverse-engineer or extract its source code, or benchmark, publish performance results of, or stress-test the Service without our prior written permission.
Payment and Subscription
- Subscription: CognitiveUX.ai is offered on a subscription basis, billed in advance on a recurring monthly or annual billing cycle depending on your selected plan.
- Payments: payments are processed by our third-party payment processor. By providing a valid payment method, you authorize us to charge subscription fees at the start of each billing cycle.
- Automatic renewal: your subscription automatically renews and you will be charged at the end of each billing cycle unless you cancel before the renewal date. It is your responsibility to track your renewal date.
- Failed payments: if payment fails, we will retry the following day; if the retry also fails, your subscription will be cancelled and paid access terminated. You may resubscribe at any time.
- No-refund policy: fees are non-refundable except where required by applicable law. This applies even if you forget to cancel before renewal, cancel immediately after renewal, or do not use the Service during a billing cycle, and to both monthly and annual plans (cancelling an annual plan mid-term does not entitle you to a refund of remaining months). We do not issue refunds or credits for unused time, unused credits, or partially used billing periods. Access following cancellation continues until the end of the current billing cycle.
- Credits and usage: subscription plans include credits usable for features such as workflow runs, automations, or AI usage. Credits are allocated at the start of each billing cycle, do not carry over, are non-refundable, have no cash value, and cannot be transferred between accounts.
- Plan changes: upgrades take effect immediately with a prorated charge for the remainder of the cycle; downgrades take effect at the start of the next cycle, with no refunds or credits issued.
- Cancellation: you may cancel at any time through account settings; cancellation must be completed before the renewal date to avoid the next charge.
- Price changes: we will provide at least 30 days' written notice before any price increase for existing subscribers. Continued use after the change constitutes acceptance; you may cancel before the change takes effect if you disagree.
- Chargebacks and disputes: you agree to contact support@cognitiveux.ai to resolve billing issues before initiating a chargeback. We may suspend your account pending investigation if a chargeback is filed without first attempting resolution with us, and we may submit evidence to dispute illegitimate chargebacks.
- Taxes: fees are exclusive of applicable taxes unless stated otherwise. You are responsible for any taxes, duties, or governmental charges (including applicable GST) associated with your use of the Service, and agree to provide accurate billing and tax information.
Account Suspension and Termination
We may suspend or terminate your account immediately and without prior notice if you violate these Terms or applicable law, engage in fraudulent or abusive activity, send spam through the Service, attempt to circumvent security measures, harm other users or our infrastructure, attempt to reverse-engineer or exploit the Service, use the Service outside its intended marketing automation purpose, abuse free tiers or promotions, engage in phishing or deceptive practices, resell or sublicense the Service without authorization, upload sensitive personal data in violation of applicable regulations, or upload malware or harmful code.
- Throttling: we may throttle or rate-limit usage to protect infrastructure and other users; this is not considered a suspension.
- Workflow removal: we may disable or remove workflows that violate these Terms, consume excessive resources, or pose a risk to the Service.
- Investigation: we may suspend your account to investigate suspected fraud or abuse, attempting to notify you but not required to during an active investigation.
- Non-payment: subscriptions are cancelled and paid access suspended if payment and retry both fail.
- Effect of suspension: you lose access to paid features during suspension; your data is retained per our retention policies, and we are not liable for resulting losses.
- Reinstatement: requires resolving the underlying issue; we may refuse reinstatement at our sole discretion.
- Data after termination: you may request deletion of your data per our Privacy Policy; we may retain certain data as required by law or for legitimate business purposes.
Data Retention and Export
- Active accounts: we retain your Customer Data and execution logs (records of workflow, MCP server, and AI agent operations, including inputs and outputs) according to your subscription plan (7-30 days).
- After cancellation: you have 30 days following cancellation to export or download your data before we may permanently delete it.
- Data export: you can export workflow configurations and certain available data through your dashboard, subject to technical limitations and retention windows; not all historical data may be exportable.
- Retained data: even after deletion, we may retain billing/invoice records (for tax law), fraud-prevention and security logs, and anonymized or aggregated usage data.
- No recovery: once deleted, data cannot be recovered — export anything you wish to keep before cancellation.
Email Communications
Marketing Emails
By creating an account, you agree to receive marketing emails from us unless you unsubscribe. These may include promotional offers, product updates, and newsletters. You can unsubscribe at any time using the link at the bottom of each marketing email; you may still receive transactional or account-related communications.
Transactional and Service Emails
By using the Service, you agree to receive transactional and service-related emails necessary for delivery of the Service, including workflow execution notifications, schedule confirmations, account security notifications, service updates, error notifications, and billing communications. These cannot be unsubscribed from while your account remains active.
Data Protection and DPA
Where we process personal data on your behalf that is subject to the EU GDPR, UK GDPR, Swiss Federal Act on Data Protection, India's Digital Personal Data Protection Act 2023, the California Consumer Privacy Act, or other applicable data protection laws, our Data Processing Agreement (DPA) is incorporated into these Terms by reference and applies automatically. No separate signature is required for the DPA to be effective; by accepting these Terms, you accept the DPA. Counter-signed copies of the DPA are available for customers on custom or enterprise plans on request.
Confidentiality
"Confidential Information" means any information disclosed by either party that is marked confidential or would reasonably be considered confidential given its nature and the circumstances of disclosure. The recipient will maintain confidentiality and will not disclose Confidential Information to any third party except as necessary to provide the Service or as required by law.
Termination
Either party may terminate these Terms upon written notice if the other party breaches a material term and fails to cure it within thirty (30) days of receiving notice. Notwithstanding this, we may suspend or terminate your account immediately for serious violations, fraud, abuse, security risks, or conduct that threatens the Service, other users, or third-party platforms.
Termination for your breach does not entitle you to a refund of prepaid fees. If we terminate without cause, or permanently discontinue the Service, we will refund the prorated unused portion of any prepaid subscription fees — your sole remedy for such termination or discontinuation. Upon termination, you must immediately cease use of the Service and destroy all copies in your possession.
User Data
We maintain data you transmit to the Service for the purpose of managing performance and usage. Although we perform regular routine backups, you are solely responsible for all data you transmit or that relates to your activity on the Service. We have no liability to you for loss or corruption of such data, and you waive any right of action against us arising from such loss or corruption. Backups are maintained for disaster recovery purposes only and are not guaranteed for individual data recovery requests — you are responsible for exporting and backing up critical data through your dashboard.
Advertising Spend and Third-Party Platform Actions
CognitiveUX.ai lets you create, launch, pause, edit, and manage real campaigns, ad groups, ad sets, ads, budgets, bids, audiences, and other assets on connected third-party advertising platforms (including but not limited to Google Ads, Meta Ads, TikTok Ads, LinkedIn Ads, and Microsoft Ads, and any other integrations we may add). These actions — whether triggered manually, on a schedule, through a workflow, through our AI agent, or via API — result in real changes to your live ad accounts and can incur real advertising costs.
- Sole responsibility for ad spend: you are solely and fully responsible for all advertising costs, charges, and budget consumption incurred on any third-party platform as a result of any action initiated through the Service, regardless of whether triggered by you, a teammate, a scheduled workflow, an automation, our AI agent, or any connected client.
- Billing handled by third parties: all advertising fees are billed directly by the underlying ad platforms to your payment method on file with those platforms. CognitiveUX.ai does not collect, hold, or refund advertising spend; our subscription fees are entirely separate from your ad spend.
- No liability for unexpected costs: to the maximum extent permitted by law, we are not liable for damages arising from budget overruns, campaigns launched or edited through the Service, AI-generated campaign structures or recommendations, actions taken by automations or workflows, outages of the Service or connected platforms, misconfiguration, or chargebacks, ad-account suspensions, or platform penalties imposed by any third-party platform.
- AI and automated actions: when using AI-driven features, automated workflows, or agents, you acknowledge automated systems may produce unexpected results. You are responsible for setting appropriate budget caps, review steps, and approval flows. Any human-in-the-loop confirmation step presented by the Service is your final opportunity to review before execution — once approved, resulting spend is your responsibility.
- No guarantee of results: we do not guarantee any specific advertising outcome (impressions, clicks, conversions, ROAS, CPA, ad approval, or platform policy compliance). AI-generated recommendations are provided for convenience and are not professional marketing, legal, financial, or tax advice.
- Your duty to monitor: you agree to actively monitor connected ad accounts, billing, and platform notifications; to review approval prompts before confirming write operations; to revoke connections you no longer authorize; and to notify support@cognitiveux.ai if you suspect unauthorized activity.
- Currency and units: you are responsible for verifying that budget and bid values entered (by you or an AI agent on your behalf) reflect your intended amount in the correct units before approval.
- Platform policies remain controlling: each connected ad platform has its own terms, billing, and advertising policies. Disputes about charges, ad delivery, approval, or account standing must be resolved directly with that platform.
Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted or error-free, or that it will meet your requirements. We expressly disclaim all warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
Limitation of Liability
- Liability cap: our total liability for claims arising out of or related to these Terms or the Service shall not exceed the total amount you paid us for the Service during the twelve (12) months preceding the event giving rise to the claim.
- Exclusion of damages: in no event shall we be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill.
- Exceptions: these limitations do not apply to liability arising from gross negligence, willful misconduct, or liability that cannot be excluded under applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless Digi Performance Technologies Private Limited, its officers, directors, employees, agents, and affiliates from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, violation of these Terms, violation of another party's rights (including intellectual property), content or data you process through the Service, or violation of applicable laws.
AI-Generated Output Disclaimer
- No guarantee of accuracy: AI-generated Output may contain errors or inaccuracies; we do not guarantee its accuracy, completeness, reliability, or suitability.
- Your responsibility to review: you are solely responsible for reviewing, verifying, and editing AI-generated Output before relying on it for business decisions or publishing.
- No liability for AI output: we are not liable for decisions or actions you take based on AI-generated Output, including financial losses, regulatory violations, or reputational harm.
- No professional advice: CognitiveUX.ai and any AI-generated Output do not constitute legal, financial, tax, or other professional advice.
Feedback
If you provide feedback, suggestions, or recommendations about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, incorporate, and commercialize that feedback without obligation or compensation to you.
Service Changes
We may add, modify, or remove features at any time; change or discontinue Third-Party Service integrations; adjust usage or rate limits per plan; modify the interface or workflow builder; and update AI models or providers used in AI features. We will provide reasonable notice of material changes that significantly reduce core functionality, though changes required for security, legal compliance, or third-party API changes may be made without advance notice.
Third-Party Services and API Disclaimer
Your use of Third-Party Services through CognitiveUX.ai is subject to those services' own terms and privacy policies. We are not responsible for outages, errors, API changes, or data accuracy issues caused by Third-Party Services. Data retrieved from Third-Party Services is provided as-is; we do not guarantee its accuracy, completeness, or timeliness, and discrepancies with native platform reporting may occur. If a third-party platform revokes our API access or your authorization, related features may stop working — this is outside our control.
Third-Party Websites and Content
The Service may contain links to third-party websites or content that we do not investigate, monitor, or control. We are not responsible for the accuracy, appropriateness, or privacy practices of such third-party websites or content, and inclusion of a link does not imply our endorsement. You access third-party websites and content at your own risk.
Service Availability
We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled or unscheduled maintenance, or factors outside our control, including internet outages or third-party service failures. We are not liable for downtime or interruptions. Enterprise customers requiring specific uptime guarantees may contact us to discuss a custom Service Level Agreement.
Beta and Experimental Features
Features labeled "beta," "preview," "experimental," or similar are provided as-is without warranties of functionality, reliability, or availability, and may be modified, limited, or discontinued at any time without notice. We are not liable for issues, data loss, or damages arising from your use of beta features.
Force Majeure
We are not liable for failure or delay in performing our obligations due to events beyond our reasonable control, including natural disasters, war, civil unrest, government actions, internet or telecommunications failures, third-party service outages, pandemics, or power or infrastructure failures. Our obligations are suspended until such events are resolved.
Support
Support is provided on a reasonable-efforts basis via email at support@cognitiveux.ai and in-app chat where available. We do not guarantee specific response times unless you have a custom Service Level Agreement, and we do not provide support for third-party platform policies, custom code development, or issues caused by third-party API changes.
Governing Law and Dispute Resolution
- Governing law: these Terms are governed by and construed in accordance with the laws of India.
- Dispute resolution: any dispute arising from or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within thirty (30) days, the dispute shall be submitted to the exclusive jurisdiction of the courts of Bangalore, Karnataka, India.
- Class action waiver: to the extent permitted by law, you agree to resolve disputes with us on an individual basis and waive any right to participate in a class action or class-wide arbitration.
Modifications to Terms
We may update these Terms to reflect changes in our practices, legal requirements, or Service features. We will notify you of material changes by email or by posting a notice on our website at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms; if you disagree, you must stop using the Service and may cancel your subscription before the changes take effect.
Severability
If any provision of these Terms is found unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy and any other referenced agreements or policies, constitute the entire agreement between you and Digi Performance Technologies Private Limited regarding the Service and supersede all prior agreements, understandings, and communications.
Assignment
We may assign or transfer these Terms, in whole or in part, to an affiliate or successor in connection with a merger, acquisition, corporate restructuring, or sale of assets. You may not assign or transfer these Terms or any rights or obligations without our prior written consent; any attempted assignment without consent is void.
Independent Contractors
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between you and Digi Performance Technologies Private Limited.
Notices
We may provide notices by email to the address associated with your account, through in-app notifications, or by posting on our website; notices are considered delivered when sent or posted. You may send notices to us at support@cognitiveux.ai; notices to us are considered delivered when actually received.
Publicity
You grant us permission to display your company name and logo solely to identify you as a CognitiveUX.ai customer on our website and in customer lists. If you prefer not to be listed, you may request removal at any time by contacting support@cognitiveux.ai.
Contact Us
For questions regarding use of the Service, please contact us at support@cognitiveux.ai.