Terms of use

1. Who provides the service

Cognitiv is provided by MAJENTIA FORMACION Y DESARROLLO, S.L. (“Majentia”, “we”), Spanish tax ID (NIF) B27683648, registered address Calle José Enrique Marrero Arquitecto, 21, 35017 Las Palmas de Gran Canaria (Las Palmas), Spain. Contact: hola@cognitiv.so.

2. The service

Cognitiv is an AI agent platform for businesses: it connects the business's knowledge in a Company Brain with persistent memory and lets you configure agents that handle conversations, prepare documents and carry out tasks in the channels and tools the business connects, under the approval rules the business decides. It is offered as self-service and as Managed, whose scope is set out in a quote.

Cognitiv is a service for businesses and professionals. It is not intended for consumers. If you nevertheless use it as a consumer, you keep the rights applicable law gives you.

3. Account

• You must give us accurate information and keep it up to date.
• You are responsible for the people you give access to, for keeping credentials safe and for what happens in your account. Tell us immediately at hola@cognitiv.so if you suspect unauthorised access.
• You must be at least 18 and act on behalf of a business or in the course of your profession.

4. Acceptable use

You may not use Cognitiv to:

• break the law or infringe the rights of others, including data protection, consumer and commercial communications rules;
• send spam or unsolicited messages, or contact people who have not given consent where consent is required;
• impersonate people or businesses, mislead people about an agent being automated, or pass an AI off as a human;
• high-risk uses under the EU AI Act (for example decisions about employment, education, creditworthiness or access to essential services) without our prior written agreement;
• process special categories of data (health, beliefs, etc.) or criminal-offence data without telling us and without a valid legal basis;
• distribute malware, attack, overload or try to bypass the limits and security measures of the service;
• resell the service or use it to build a competing product without our permission.

WhatsApp, Instagram and Messenger. If you connect Meta channels, you must comply with Meta's terms and policies (including the WhatsApp Business Platform terms, the WhatsApp Business Messaging Policy and the Meta Platform Terms). In particular:

• your agents must serve your customers about your business; you may not offer a general-purpose AI assistant as the primary functionality over those channels;
• you must always offer a clear and prompt way to reach a person (human escalation);
• you must obtain people's opt-in before starting conversations with them and honour opt-outs;
• you must tell people they are talking to an AI at the start of the conversation, unless it is obvious.

5. Your data, your customers' data and your AI keys

• You are the controller of the data you enter or your agents process (your end customers, employees and contacts). You must have a legal basis, inform those people and handle their rights. We act as processor under the data processing agreement we will sign with you before processing personal data on your behalf, and the privacy policy.
• AI models. In self-service you use your own API keys: you contract with the model provider, pay for its usage, accept its terms and need your own data processing agreement with it; we are not responsible for its prices, availability or changes. If your contract or quote provides that Cognitiv supplies model access (managed services), we contract with the provider, which acts as our sub-processor, and usage is billed as agreed.
• The same applies to the channels and integrations you connect (Meta, Slack, Google, Microsoft, your CRM…): they are your services, with their own terms and charges (for example, Meta bills WhatsApp messages directly to you).
• AI agents can make mistakes. Review what they do and configure human approvals for actions with consequences. You decide which actions each agent may take and are responsible for them.

6. Pricing, billing and cancellation

• Prices are those published on the website or in your quote (Managed). Applicable indirect taxes are added where due. We charge in advance, per period, through Stripe.
• Subscriptions renew automatically at the end of each period until you cancel.
• You can cancel at any time. Cancellation takes effect at the end of the period already paid, until which you keep access. There is no proration and no refund for partial periods, unless the law requires it.
• If we change prices, we will give you at least 30 days' notice; the new price applies from the next period and you can cancel before then.
• Joining the early-access list involves no payment or commitment.

7. Suspension and termination

• If a payment fails and is not settled after we notify you, we may suspend the service until it is paid and, if it remains unpaid, terminate the contract.
• We may suspend access immediately, fully or partly, if you breach the acceptable use rules, if there is a risk to the security of the service or third parties, or if an authority or a channel provider such as Meta requires it. We will notify you unless that is not possible or not allowed.
• You can terminate by cancelling your subscription. We can terminate on 30 days' notice for reasons other than those above.

8. Data export and deletion

When you close your account you have 30 days to export your data. After that we permanently delete it from live systems; it disappears from backups as they expire, within approximately 40 days. We only keep, blocked, what the law requires us to retain (for example, invoices).

9. Availability

Cognitiv is in a pilot and early-access phase. We provide it with professional care but without a service level agreement (SLA) or any guarantee of uninterrupted availability. There may be maintenance, feature changes and interruptions. If you buy Managed, your quote prevails.

10. Intellectual property

Cognitiv, its software, design and brands belong to us or our licensors. We grant you a non-exclusive, non-transferable right to use the service for the term of the contract. Your data, your content and the output your agents generate are yours; you grant us only the licence needed to provide the service. If you send us suggestions, we may use them without any obligation.

11. Liability

• Our total liability for any claim related to the service is limited to the amount you paid us in the 12 months before the event giving rise to it.
• We are not liable for loss of profits, business, data or reputation, or for indirect damages.
• We are not liable for third-party services you connect (model providers, Meta and other channels), for content generated by AI models or for actions you authorised.
• These limits do not apply to wilful misconduct or gross negligence, or where the law does not allow them.

12. Governing law and jurisdiction

These terms are governed by Spanish law. The parties submit any dispute to the courts of Las Palmas de Gran Canaria. If you are a consumer, you may go to the courts where you live and keep the mandatory protections of the law of your country of residence.

13. Changes to these terms

We may change these terms. We will publish the new version with its date and, if the change is significant, email you at least 30 days in advance. If you do not agree, you can cancel before it takes effect; continuing to use the service afterwards means you accept it.