Terms of Service

Effective Date: April 10, 2026 Version: 1.0 Last Modified: April 10, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Crealot Publications Limited, a company registered in England and Wales, trading as Cognistase ("Cognistase," "we," "us," or "our"), governing your access to and use of the Cognistase platform, website, applications, and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

1. Definitions

"Account" means the user account you create to access the Service.

"Child Data" means any personal data, developmental information, assessment results, clinical observations, documents, or other information relating to a child that is entered into, uploaded to, or generated by the Service.

"Content" means all text, images, documents, data, drawings, and other materials that you submit, upload, post, or otherwise make available through the Service.

"Platform" means the Cognistase web application, any associated mobile applications, and all features accessible through the Service.

"Professional" means an educator, clinician, psychologist, therapist, or other professional who accesses the Service in a professional capacity.

"Subscription" means a paid plan that grants access to specific features of the Service for a defined period.

2. Eligibility and Account Registration

2.1 Age and Capacity

You must be at least 18 years of age and have legal capacity to enter into a binding contract under the laws of your jurisdiction to create an account and use the Service. By registering, you represent and warrant that you meet these requirements.

2.2 Parental or Guardian Authority

If you register a child profile on the Service, you represent and warrant that you are the child's parent, legal guardian, or hold equivalent legal authority to act on the child's behalf and to consent to the processing of the child's personal data, including special category data (health and developmental data), in accordance with Article 8 of the GDPR and applicable national law.

2.3 Professional Accounts

If you access the Service in a professional capacity (e.g., as an educator, clinician, or therapist), you represent and warrant that you hold the appropriate professional qualifications and licenses required by the laws of your jurisdiction, and that your use of the Service complies with all applicable professional codes of conduct and ethical standards.

2.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You must immediately notify us at security@cognistase.com if you become aware of any unauthorized use of your account. You are responsible for all activities that occur under your account, except where such activities result from our failure to maintain reasonable security measures.

2.5 One Person Per Account

Each account is for a single individual. You may not share your account credentials with any other person. Parents or guardians may manage child profiles within their own account.

3. Description of the Service

3.1 Purpose

Cognistase provides an AI-powered platform designed to assist parents, guardians, educators, and professionals in monitoring, understanding, and advocating for the developmental needs of gifted and twice-exceptional (2e) children. The Service includes tools for developmental profiling, education plan document generation, executive functioning support, and peer connection.

3.2 Not a Medical or Diagnostic Service

The Service is not a medical device, diagnostic tool, or substitute for professional clinical evaluation. The Service does not provide medical diagnoses, clinical assessments, or therapeutic interventions. Outputs generated by the Service, including developmental profiles, education plan documents, and AI-generated recommendations, are intended as informational and advocacy support tools only. They are not a substitute for professional medical, psychological, or educational advice.

You should always consult qualified professionals regarding your child's developmental, medical, or educational needs. Cognistase does not establish a doctor-patient, therapist-client, or any other professional-client relationship between you and Cognistase.

3.3 AI-Generated Content

Certain features of the Service use artificial intelligence to generate content, including but not limited to education plan documents, developmental summaries, and task planning suggestions. All AI-generated content is presented as a draft for your review, editing, and approval. You are solely responsible for reviewing, verifying, and approving any AI-generated content before relying on it or sharing it with third parties.

AI-generated content may contain errors or inaccuracies. Cognistase makes no representation or warranty that AI-generated content is complete, accurate, or suitable for any particular purpose. You acknowledge that you use AI-generated content at your own discretion and risk.

3.4 Service Availability

We aim to provide continuous access to the Service but do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our reasonable control. We will make reasonable efforts to provide advance notice of scheduled maintenance.

4. Subscriptions and Payment

4.1 Free and Paid Plans

The Service may be offered through free and paid subscription plans. The features available to you depend on your subscription plan. Details of current plans and pricing are available on our pricing page.

4.2 Billing

Paid subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your selection). You authorize us to charge the payment method you provide for all applicable fees. All prices are stated in euros (EUR) and include applicable VAT unless otherwise specified.

4.3 Payment Processing

Payments are processed by a PCI DSS-compliant third-party payment processor within the European Union. Cognistase does not store your complete payment card information on its systems.

4.4 Plan Changes

You may upgrade or downgrade your subscription plan at any time through your account settings. Upgrades take effect immediately, and any price difference is calculated on a pro-rata basis for the remaining billing period. Downgrades take effect at the start of your next billing cycle.

4.5 Price Changes

We reserve the right to change subscription prices. Any price increase will be communicated to you at least 30 days in advance by email. If you do not agree to a price increase, you may cancel your subscription before the new price takes effect. Continued use of the Service after a price change constitutes acceptance of the new price.

5. Right of Withdrawal (Cooling-Off Period)

5.1 EU Consumer Rights

If you are a consumer located in the European Union or the European Economic Area, you have the right to withdraw from your subscription without giving any reason within 14 days of the date of purchase, in accordance with Directive 2011/83/EU on consumer rights.

5.2 How to Withdraw

To exercise your right of withdrawal, you must inform us of your decision by sending a clear statement (e.g., by email to support@cognistase.com) before the expiry of the withdrawal period. You may use the model withdrawal form provided by the European Commission, but it is not obligatory.

5.3 Refund Upon Withdrawal

If you exercise your right of withdrawal, we will reimburse all payments received from you without undue delay, and in any event no later than 14 days from the day on which we are informed of your decision to withdraw. We will use the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise. No fees will be charged as a result of such reimbursement.

5.4 14-Day Money-Back Guarantee

In addition to your statutory right of withdrawal, all paid plans include a 14-day money-back guarantee. If you are not satisfied with the Service within the first 14 days of your initial subscription, you may request a full refund by contacting support@cognistase.com. This guarantee applies to the first subscription period only and does not apply to renewals.

6. User Content and Intellectual Property

6.1 Your Content

You retain all intellectual property rights in the Content you submit to the Service. By submitting Content, you grant Cognistase a limited, non-exclusive, non-transferable license to process, store, and display your Content solely for the purpose of providing and improving the Service for you. This license terminates when you delete your Content or your account.

6.2 Child-Created Content

If a child user creates content through the Service (such as drawings shared in peer matching features), the parent or guardian retains all rights to that content on the child's behalf.

6.3 No Training on Your Data

We do not use your Content or Child Data to train, fine-tune, or improve generalized AI models. Your data is used exclusively to provide the Service to you. De-identified, aggregated usage analytics may be used to improve system performance and reliability, but this never includes identifiable personal data or clinical content.

6.4 Cognistase Intellectual Property

The Service, including its design, software, algorithms, documentation, trademarks, logos, and all other proprietary materials, is owned by or licensed to Cognistase and is protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property except for the limited right to use the Service in accordance with these Terms.

6.5 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

7. Acceptable Use

7.1 Compliance with Law

You agree to use the Service in compliance with all applicable laws, regulations, and professional standards.

7.2 Prohibited Conduct

You may not:

Use the Service for any purpose other than its intended purpose of supporting child development understanding, monitoring, and advocacy.
Submit Content that is fraudulent, false, misleading, defamatory, obscene, abusive, threatening, or otherwise objectionable.
Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
Attempt to gain unauthorized access to any part of the Service, other users' accounts, or any systems or networks connected to the Service.
Use automated means (including bots, scrapers, or crawlers) to access or interact with the Service without our prior written consent.
Reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service or any part thereof, except to the extent expressly permitted by applicable law.
Interfere with or disrupt the integrity or performance of the Service.
Use the Service to collect, store, or process personal data of other users except as expressly permitted by the Service's functionality and applicable law.
Resell, sublicense, or commercially exploit the Service or any data obtained from the Service without our prior written consent.
Use the Service in any manner that could expose children to harm, exploitation, or risk.

7.3 Enforcement

We reserve the right to investigate and take appropriate action against any violation of these Terms, including but not limited to suspending or terminating your account, removing Content, and reporting violations to law enforcement authorities where required or appropriate.

8. Child Safety

8.1 Safety Commitment

The safety of children is our foremost priority. We implement multiple independent safety layers to protect children who interact with the Service. These include content filtering, safety monitoring, and child-appropriate AI constraints.

8.2 Parental Responsibility

While we implement comprehensive safety measures, parents and guardians remain responsible for supervising their child's use of the Service and ensuring its appropriateness for their child.

8.3 Reporting Obligations

If our safety systems detect content that may indicate child abuse, exploitation, or endangerment, we are obligated by law to report such content to the appropriate authorities. We will cooperate fully with law enforcement investigations related to child safety.

8.4 Reporting Concerns

If you have any child safety concern, please report it immediately to safety@cognistase.com. We aim to respond to all safety reports within 4 hours.

9. Privacy and Data Protection

Your privacy is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

Key aspects of our data protection approach include:

All data is stored on EU-based servers under our direct control.
Personal data is never transferred outside the European Union or European Economic Area.
Child Data is de-identified before AI processing.
We do not sell, rent, or share personal data with third parties for marketing or advertising purposes.
We use only strictly necessary cookies.

10. Disclaimers and Limitation of Liability

10.1 Service Provided "As Is"

To the maximum extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

10.2 No Professional Advice

Cognistase does not provide medical, psychological, therapeutic, legal, or educational advice. The Service is a tool to support understanding and advocacy. Any decisions you make based on information obtained through the Service are your sole responsibility.

10.3 AI Limitations

We do not warrant that AI-generated content will be free from errors, complete, accurate, or suitable for any specific purpose. AI-generated outputs are drafts that require your review and professional validation where appropriate.

10.4 Limitation of Liability

To the maximum extent permitted by applicable law:

(a) Cognistase shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Service, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if Cognistase has been advised of the possibility of such damages.

(b) Cognistase's total aggregate liability for all claims arising out of or in connection with these Terms or the Service shall not exceed the total amount paid by you to Cognistase in the twelve (12) months preceding the event giving rise to the claim. If you are using the free plan, Cognistase's total aggregate liability shall not exceed fifty euros (EUR 50).

(c) Nothing in these Terms shall exclude or limit liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) any liability that cannot be excluded or limited under applicable law, including mandatory consumer protection laws of the European Union.

10.5 Force Majeure

Cognistase shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, power failures, internet disruptions, or pandemics.

11. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Cognistase, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

Your breach of these Terms.
Your violation of any applicable law or regulation.
Your Content or your use of the Service.
Your infringement or misappropriation of any third party's intellectual property or other rights.

This indemnification obligation does not apply where the relevant claim arises from Cognistase's own negligence, willful misconduct, or breach of these Terms.

12. Term and Termination

12.1 Term

These Terms are effective from the date you create an account and continue until terminated by either party.

12.2 Termination by You

You may terminate your account at any time through your account settings or by contacting support@cognistase.com. Upon termination, your right to access the Service ceases immediately. Prepaid subscription fees are not refundable after the cooling-off period or money-back guarantee period has expired, except as required by applicable law.

12.3 Termination by Cognistase

We may suspend or terminate your account immediately and without prior notice if:

You materially breach these Terms.
Your use of the Service poses a risk to child safety.
Your use of the Service poses a security risk to the Service or other users.
We are required to do so by law or a valid court order.
We reasonably determine that your account has been compromised.

For other breaches, we will provide you with reasonable notice (at least 14 days) and an opportunity to remedy the breach before termination, where practicable.

12.4 Effect of Termination

Upon termination, regardless of the reason:

Your right to access and use the Service ceases immediately.
We will retain your data for a period of 30 days to allow you to request a data export.
After the 30-day period, your data will be permanently erased through cryptographic erasure unless retention is required by applicable law.
Provisions of these Terms that by their nature should survive termination (including Sections 6, 10, 11, 13, and 14) shall continue in effect.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

13.2 Jurisdiction

Any disputes arising out of or in connection with these Terms that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the courts of England and Wales.

13.3 Consumer Protection

If you are a consumer resident in the European Union, you benefit from mandatory consumer protection provisions of the law of your country of residence. Nothing in these Terms, including the choice of governing law, affects your rights under such mandatory provisions.

13.4 Online Dispute Resolution

In accordance with Regulation (EU) No 524/2013, the European Commission provides an online dispute resolution platform, which is accessible at https://ec.europa.eu/consumers/odr. We are not obligated, and generally not willing, to participate in dispute resolution proceedings before a consumer arbitration body unless required by applicable law. Our email address for dispute resolution purposes is: legal@cognistase.com.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and Acceptable Use Policy, constitute the entire agreement between you and Cognistase with respect to the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Cognistase.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision shall only be effective if made in writing and signed by an authorized representative of Cognistase.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Cognistase may assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

14.5 Notices

Notices to Cognistase should be sent to legal@cognistase.com. We will send notices to you at the email address associated with your account. Notices are deemed received when sent by email, provided no delivery failure notification is received.

14.6 Modifications to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes at least 30 days before they take effect, by email and through a prominent notice on the Service. Your continued use of the Service after the effective date of the modified Terms constitutes acceptance of the changes. If you do not agree with the modifications, you must stop using the Service and terminate your account before the effective date.

14.7 Language

These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in the event of any inconsistency or dispute.

15. Contact Information

If you have any questions about these Terms, please contact us:

Legal Inquiries Email: legal@cognistase.com

Data Protection Officer Email: dpo@cognistase.com

Security Concerns Email: security@cognistase.com

General Support Email: support@cognistase.com

By using the Cognistase platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.