Last updated: 2024-11-26 08:42
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Cognit Consulting AB ("Company", “we”, “us”, or “our”), concerning your access to and use of the AmpliFlow website and SaaS product as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”).
By accessing or using the Service, you agree that you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated by reference into these Terms of Service. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Service after the date such revised Terms of Service are posted.
The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Service.
Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by intellectual property laws and unfair competition laws of Sweden, international copyright laws, and international conventions.
The Content and the Marks are provided on the Service “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access solely for your internal business use. We reserve all rights not expressly granted to you in and to the Service, the Content, and the Marks.
All intellectual property rights and all other rights regarding AmpliFlow belong to the Company or, where applicable, its suppliers. Nothing in these Terms of Service shall constitute an assignment or transfer of any intellectual property rights or other rights in the software to you. However, the data that you process and that is created by the software as a result of your use thereof shall be owned by you without restriction. The Company has the right to use your data only to the extent required to fulfill its obligations under this Agreement. We may use aggregate information for statistical purposes without restriction, provided that such information does not identify you or any individual. We may use customer data to develop new templates, enhance our internal knowhow, and improve our consulting services. Such use will be in compliance with our Privacy Policy and applicable data protection laws.
By using the Service, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You may be required to register with the Service. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Accounts may be subject to additional verification processes to ensure compliance with our policies.
You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Service, you agree not to:
The Service may allow you to create, submit, post, or display content, including but not limited to text, documents, images, and other materials (collectively, "Contributions"). You are solely responsible for your Contributions and agree that we are only acting as a passive conduit for your online distribution and publication of your Contributions. By uploading or publishing your Contributions, you affirm, represent, and warrant that:
Users of the Service are expressly prohibited from using any data obtained from the Service for the purpose of training or developing artificial intelligence (AI) or machine learning models, or for any similar applications, without our explicit prior written consent. However, as the provider of the Service, we retain the right to use, process, and analyze data collected through the Service to train and enhance our own AI and machine learning models. This includes using such data to improve the functionality and performance of the Service, develop new features, and enhance our consulting and business offerings. All data usage will be conducted in compliance with our Privacy Policy and applicable data protection laws, ensuring that individual user privacy and confidentiality are safeguarded.
By posting your Contributions to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise. This license includes the right for us to use Contributions for the purpose of developing new service offerings, templates, and for gaining insights to enhance our consulting services.
We are not liable for any statements or representations in your Contributions. By submitting Contributions, you grant us the right to use such data to create templates, build internal expertise, and enhance our services to other customers, provided that such use does not identify you or disclose any confidential information.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, without acknowledgment or compensation to you.
The Service may contain (or you may be sent via the Service) links to other websites ("Third-Party Websites") as well as content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Service or any Third-Party Content posted on, available through, or installed from the Service.
We reserve the right, but not the obligation, to:
We care about data privacy and security. Please review our Privacy Policy. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. All uses of customer data will comply with our Privacy Policy, ensuring that data is anonymized and aggregated as necessary to protect customer confidentiality.
These Terms of Service shall remain in full force and effect while you use the Service. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or any applicable law or regulation.
We may terminate your use or participation in the Service or delete your account without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name.
These Terms are governed by and interpreted following the laws of Sweden, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Any disputes arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts of Västra Götaland, Sweden. The parties agree to submit to the personal jurisdiction of such courts.
We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice.
From time to time, we may offer new features or tools which may include beta versions (collectively, "Beta Features"). If you choose to use the Beta Features, you acknowledge and agree that:
By enabling or using Beta Features, you accept all extended provisions that are related to beta features as specified in these Terms of Service.
The Service may utilize third-party artificial intelligence ("AI") providers to deliver certain functionalities, including but not limited to:
By using the Service, you acknowledge and agree that:
To the fullest extent permitted by law, in no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Service, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid by you to us during the six (6) month period prior to the cause of action arising.
The Service is provided on an “as-is” and “as-available” basis. You agree that your use of the Service and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Service and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or completeness of the Service’s content or the content of any websites linked to the Service, and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage resulting from your access to and use of the Service, and any unauthorized access to or use of our secure servers.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service.
These Terms of Service and any policies or operating rules posted by us on the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Service.
You agree that these Terms of Service will not be construed against us by virtue of having drafted them.
Contact Us
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:
Cognit Consulting AB
Varholmsgatan 2a
414 74 Göteborg, Sweden
Phone: +46 736 609074
Email: info@ampliflow.se