Terms of Use

These Terms of Use ("Agreement") sets forth the general terms and conditions of your use of the 360cognition.com website ("Website" or "Service") and any of its related products, content, and services (collectively, "Services"). This Agreement is legally binding between you ("user," "you," or "your") and 360cognition corporation ("360cognition", "we," "us," or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you disagree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and 360cognition, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

You must be at least 16 years old to use the Website and Services. By using the Website and Services and by agreeing to this Agreement, you warrant and represent that you are at least 16 years old.

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email and Internet protocol addresses to prevent further registration.

Your Information and User Control

“Your Information” means information, data, and content that you or your authorized users upload, submit, store, or otherwise provide through the Services, excluding Forum Content as defined below.

As between you and 360cognition, you retain all ownership and other proprietary rights in Your Information. Except for the limited rights necessary to provide, maintain, secure, and support the Services, these Terms do not transfer to 360cognition any ownership rights in Your Information.

360cognition will treat Your Information as confidential and will not disclose it to third parties except:

  1. as directed or authorized by you;
  2. to your authorized account members and other persons with whom you choose to share it;
  3. to service providers acting on our behalf and subject to appropriate confidentiality obligations;
  4. as necessary to provide, maintain, secure, or support the Services; or
  5. where disclosure is required by applicable law or valid legal process.

You control which authorized account members may access Your Information, subject to the functionality and permissions available through the Services. You are responsible for ensuring that you have the necessary rights and permissions to provide and share Your Information through the Services.

Forum Content

“Forum Content” means information, data, text, materials, comments, examples, contributions, or other content that you intentionally submit or share with the 360cav forum.

Forum Content remains owned by you or the applicable rights holder. Forum Content is not 360cognition Content, and submitting Forum Content does not transfer ownership of that content to 360cognition.

When you submit Forum Content, you understand and agree that it will be made available to members who have access to the 360cav forum. Forum Content should therefore not include confidential, proprietary, personal, or otherwise sensitive information that you are not authorized or willing to share with those members. Forum Content will not be treated as confidential with respect to forum members who are permitted to access it.

License to 360cognition

By submitting Forum Content, you grant 360cognition a non-exclusive, worldwide, royalty-free license to host, store, reproduce, format, display, distribute, and otherwise use that Forum Content as reasonably necessary to operate, maintain, secure, moderate, develop, and provide the 360cav forum and related Services.

This license includes the right to make Forum Content available to authorized forum members and to enable the modification, combination, and onward sharing described below.

Use, Modification, and Onward Sharing by Forum Members

By submitting Forum Content, you grant authorized forum members a non-exclusive, worldwide, royalty-free license to:

  1. access, view, reproduce, and use the Forum Content through the Services;
  2. edit, adapt, translate, summarize, or otherwise modify the Forum Content;
  3. combine the Forum Content with other Forum Content, user-provided content, or original materials;
  4. create new or derivative content based on the Forum Content; and
  5. share or redistribute the Forum Content, including modified or combined versions, to other authorized users through the Services.

Content created by modifying or combining Forum Content is referred to as “Revised Forum Content.” The user creating Revised Forum Content owns any original material they contribute to it but does not acquire ownership of any underlying content owned by another person.

A user who shares Revised Forum Content grants its recipients the same rights to access, use, modify, combine, and share that content through the Services. Those recipients may, in turn, share the original or Revised Forum Content with other authorized users, subject to these Terms.

These permissions continue through each authorized instance of onward sharing. Users do not need to obtain additional permission from earlier contributors before exercising these rights through the Services.

The rights granted under this section do not authorize a forum member to:

  1. claim ownership of another person’s underlying Forum Content;
  2. remove or alter an attribution, ownership notice, or other rights notice where the Services require it to remain;
  3. sell, license, publish, or distribute Forum Content outside the Services unless the applicable rights holder separately authorizes it;
  4. disclose Forum Content to a person who is not authorized to access it through the Services; or
  5. use Forum Content in a manner that violates applicable law, these Terms, or the rights of another person.

Responsibility for Shared and Revised Forum Content

You are responsible for Forum Content and Revised Forum Content that you submit or share. You represent that you own or otherwise have all rights and permissions necessary to submit the content and grant the rights described in these Terms.

If you combine Forum Content with other material, you are responsible for ensuring that the resulting Revised Forum Content may lawfully be used and shared as permitted by these Terms.

Modification, combination, or onward sharing does not remove or override third-party rights that may apply to any underlying content.

Removal and Continuing Rights

You may remove Forum Content that you originally submitted, subject to the functionality of the Services. Removal will prevent new access to the original submission where reasonably practicable.

Removal does not revoke rights already granted in relation to:

  1. copies previously shared with other authorized users;
  2. quotations, extracts, summaries, modifications, or adaptations created before removal;
  3. Revised Forum Content incorporating or derived from the removed content;
  4. content that other users have lawfully shared onward through the Services; or
  5. copies retained for security, backup, dispute-resolution, recordkeeping, or legal-compliance purposes.

Users who received or created these copies or revisions before removal may continue to use, modify, combine, and share them through the Services under these Terms.

360cognition Content

“360cognition Content” means templates, information, data, statements, scenarios, materials, examples, and other content created, owned, or licensed by 360cognition and made available through the Services. Your Information, Forum Content, and Revised Forum Content are expressly excluded from 360cognition Content unless 360cognition separately contributes its own original material.

360cognition Content is protected by copyright, trademark, trade-secret, patent, and other applicable proprietary-rights laws. It is based on research and the subject-matter experience and knowledge of the 360cognition team and is provided to help users understand, evaluate, and use the Services.

Unless expressly identified otherwise, scenarios, organizations, capabilities, incidents, and examples included in 360cognition Content are fictional and are provided for illustrative purposes. Any similarity to actual entities or events is coincidental and unintended.

Subject to these Terms, 360cognition grants you a limited, non-exclusive, non-transferable, and revocable right to access and use 360cognition Content for your own internal purposes in connection with the Services.

Except as expressly authorized by 360cognition or these Terms, you may not publish, sell, sublicense, distribute, scrape, commercially exploit, or make 360cognition Content available to a third party. You may not use data-mining tools, robots, scraping tools, or similar automated extraction methods in connection with the Services or 360cognition Content.

The permissions relating to modification, combination, and onward sharing of Forum Content do not apply to 360cognition Content unless 360cognition expressly designates particular 360cognition Content as available for those purposes.

Software and Reserved Rights

The technology and software underlying the Services, including their source code, structure, functionality, and design, are owned by 360cognition, its affiliates, or its licensors (the “Software”).

You may not reverse engineer, decompile, disassemble, reverse assemble, or otherwise attempt to discover the source code of the Software, except to the limited extent that such a restriction is prohibited by applicable law.

360cognition and its licensors reserve all rights, title, and interest in the Software and 360cognition Content that are not expressly granted under these Terms. For clarity, this reservation does not apply to Your Information, Forum Content, or Revised Forum Content.

No business advice

You agree not to regard any Content available on the Website or within the Services as advice or recommendation of any kind, professional, business, legal, or any other kind, and you agree that all content is solely for your personal education, contemplation, enjoyment, or entertainment.

Before making business decisions based on Services Content or any interpretations thereof, you are hereby advised to consult with legal expertise and business expertise and adhere to the business process within any entity, organization, enterprise, or corporation the decision may affect prior to making such decisions.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the services you have subscribed to, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided when the order was made.

Accuracy of information

Occasionally, there may be information on the Website containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, promotions, and offers. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice if any information on the Website or Services is inaccurate (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Third-party services

If you decide to enable, access, or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against 360cognition with respect to such other services. 360cognition is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services or your reliance on the privacy practices, data security processes, or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting 360cognition to disclose your data as necessary to facilitate the use or enablement of such other services.

Backups

We perform regular backups of the Website and its Content; however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups but assume no responsibility for this duty.

Advertisements

During your use of the Website and Services, you may correspond with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any correspondence, purchase, or promotion between you and any third party.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we do not imply any approval, association, sponsorship, endorsement, or affiliation with any linked resource unless specifically stated herein. Some of the links on the Website may be "affiliate links." This means if you click on the link and purchase an item, 360cognition will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for any other third parties' actions, products, services, or content. You should carefully review the legal statements and other conditions of use of any resource that you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by 360cognition or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with 360cognition. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of 360cognition or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Using the Website and Services grants you no right or license to reproduce or otherwise use 360cognition or third-party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. Unless stated otherwise, we make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will 360cognition, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of Content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of 360cognition and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount greater than one dollar or any amounts actually paid in cash by you to 360cognition for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold 360cognition and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Sweden without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Sweden. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Sweden, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you would like to learn more about this Agreement or discuss any matter relating to it, you may do so via the contact form.

 

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