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Terms & Conditions

Version 2026-09-27 · Effective 27 September 2026

1. Scope and contracting parties

These Terms & Conditions ("Terms") govern the use of Cogniten (the "Service"), provided by the operator named in the imprint, Switzerland ("Cogniten", "we"). The Service is offered exclusively to businesses, organisations and professionals for use in their professional activity, and not to consumers.

The contract is concluded with the organisation for which a workspace is created (the "Customer"); for a personal workspace, with the professional who creates it. The Terms are accepted when a workspace is created and, where required, again before a paid subscription starts. Whoever accepts these Terms on behalf of an organisation confirms that they are authorised to enter into this agreement on its behalf.

The Data Processing Agreement forms part of these Terms. The Privacy & Data Protection information explains how personal data is processed; it is provided for information and is not part of the contract. An individually signed agreement (for example, an Enterprise agreement) takes precedence over these Terms to the extent it deviates from them. Terms of the Customer do not apply, even if Cogniten does not object to them.

2. Definitions

  • "User": a person whom the Customer allows to use the Service in its workspace, such as an employee or member.
  • "Customer Content": all information that the Customer or its Users submit to or through the Service, including prompts, questions and instructions; documents, files and uploaded client materials; the organisation's knowledge; emails and other content explicitly processed through the Service (for example, through an add-in); data submitted through integrations; and other content provided by the Customer or its Users.
  • "Output": answers, drafts, summaries, analyses, calculations, review results, generated documents and other results produced by the Service for the Customer.
  • "Subscription": the Customer's paid or trial entitlement to use the Service, including its seat quantity, billing period, included usage and storage.

3. The Service

Cogniten provides AI-assisted software and information-processing functionality designed to support professional research, analysis and productivity. Depending on the Subscription, this includes AI-assisted research, retrieval of knowledge from the Customer's documents and a reference library, document analysis, drafting and summarisation, answers with references to sources, financial-statement review, mathematical and consistency checks, document generation and guided professional workflows.

The Service is intended to support, and not replace, the judgement of appropriately qualified professionals. Cogniten is not an audit firm, law firm, tax adviser or accounting firm and does not provide professional services of that kind through the Service.

Cogniten is provided as a cloud service. Other deployment options may be offered on request under separately agreed terms.

4. AI-generated Output — no professional advice

  • Outputs generated through the Service may contain errors, omissions, outdated information or other inaccuracies. Artificial intelligence systems may generate information that appears plausible but is incorrect.
  • Cogniten does not guarantee the accuracy, completeness, timeliness or suitability of AI-generated Outputs for a particular purpose.
  • Outputs do not constitute an audit opinion, legal advice, tax advice, accounting advice, investment advice or any other regulated professional advice.
  • The Customer and its Users are responsible for reviewing and verifying Outputs, calculations, citations, underlying source material and conclusions before relying on them or passing them on.
  • Professional judgements, reports, audit conclusions, accounting treatments, filings, tax positions, client communications, legal conclusions and business decisions remain the responsibility of the Customer and its qualified professionals.

5. Financial-statement review and calculations

The financial-statement review and the calculation functions are assistance tools. In particular:

  • the review may fail to identify mathematical, accounting, disclosure or consistency issues;
  • extracting content from documents (including reading PDF files, recognising the text of scans (OCR) and interpreting tables) may introduce errors, and the layout or formatting of a document may affect how it is interpreted;
  • Cogniten does not guarantee the detection of every mathematical, accounting, disclosure or consistency issue;
  • calculations and review results should be independently reviewed where they are material.

The financial-statement review is not an audit or review engagement and does not provide assurance of any kind.

6. Sources and citations

Where the Service provides citations or retrieved source material, these are intended to assist verification. A citation does not guarantee that the generated statement or interpretation is correct or complete, and not every statement in an Output is necessarily supported by a citation. Users should review the cited source where the matter is material. External sources may change, be updated or become unavailable.

7. Accounts, Users and security responsibilities

Users must provide accurate information. The Customer is responsible for:

  • protecting account credentials and ensuring that they are not shared;
  • controlling who is a member of its workspace, and assigning appropriate roles;
  • promptly removing former employees and other persons who should no longer have access;
  • maintaining the security of the devices and networks used to access the Service;
  • ensuring that its Users comply with these Terms and the Customer's own policies;
  • notifying Cogniten without delay of any suspected unauthorised access or misuse.

The Customer is responsible for activity performed through its authorised accounts, except to the extent caused by Cogniten's breach of its obligations.

8. Customer Content

The Customer retains all rights in its Customer Content. Cogniten does not obtain ownership of Customer Content because it is uploaded or processed. The Customer grants Cogniten the non-exclusive, non-transferable (except to subprocessors as described in section 13) right, for the term of the agreement and the subsequent deletion period, to receive, host, store, copy, transmit, retrieve, transform, process, analyse, secure, back up and display Customer Content to the extent necessary to provide, maintain and secure the Service for the Customer, to improve the operation of the Service, and to comply with applicable law.

Cogniten does not sell Customer Content, does not use it for advertising, and does not exploit it commercially for its own purposes. Cogniten does not train general-purpose AI models with Customer Content and does not voluntarily enable Customer Content submitted through the production Service to be used for the general training of the AI models used to provide the Service. Subject to applicable law, the Customer may use Outputs for its professional purposes.

9. What the Customer submits

The Customer decides what information it submits to the Service. It represents that it has the rights, permissions, authorisations and legal basis required to submit Customer Content and to have it processed as described in these Terms, the Data Processing Agreement and the Privacy & Data Protection information — in particular for information concerning clients, employees, business partners or other third parties, confidential information, payroll and HR information, sensitive personal data, information subject to professional secrecy, and licensed or copyrighted material. The Customer does not submit information that it may not disclose to service providers or have processed outside Switzerland. Cogniten does not verify the Customer's authorisations or licences; its ability to process material does not confirm that the Customer may use it.

Cogniten remains responsible for how it handles the Customer Content entrusted to it, in particular its confidentiality, security and processing in accordance with these Terms and the Data Processing Agreement (sections 12 to 14).

10. Licensed material

The Customer may use the Service with professional publications, standards, manuals and other material it is licensed to use. The Service must not be used to distribute or share copyrighted or licensed content systematically in breach of the rights of others.

11. Acceptable use

The Customer and its Users must not, and must not attempt to:

  • use the Service for unlawful purposes or in breach of applicable professional or regulatory rules;
  • infringe the intellectual property, privacy or other rights of third parties;
  • disclose information without authorisation, or upload content without the necessary rights;
  • upload malicious code or use the Service for malicious activity;
  • carry out security or penetration testing without Cogniten's prior written consent;
  • circumvent security measures, usage limits, rate limits or other safeguards;
  • use automated means to access the Service in an abusive way, or interfere with its availability or integrity;
  • access or attempt to compromise other customers' workspaces or data;
  • resell, sublicense or provide the Service to third parties without Cogniten's written consent;
  • share accounts, or allow persons who are not Users to use an account;
  • attempt to extract the underlying models, system instructions or reference library of the Service, or use the Service to build a competing product.

12. Confidentiality and data protection

Cogniten treats Customer Content as confidential and uses it only to provide the Service in accordance with these Terms and the Data Processing Agreement. For personal data contained in Customer Content, Cogniten acts as a processor on behalf of the Customer. For account, billing, usage and security data, Cogniten is itself responsible, as described in the Privacy & Data Protection information. Each party keeps confidential the non-public information of the other party that it receives in connection with the agreement, and uses it only for the purposes of the agreement, unless disclosure is required by law or by a competent authority.

13. Subprocessors and technology

Cogniten may engage subprocessors and other service providers to provide the Service, including AI service providers, cloud infrastructure, hosting, database, storage, communications and payment service providers. Information concerning material subprocessors is made available in the subprocessor register. Subject to applicable law and the Data Processing Agreement, Cogniten may add, replace or remove subprocessors and change its infrastructure. Depending on the function used, the Customer Content necessary for it is processed by external AI and technology infrastructure providers, as described in the Privacy & Data Protection information.

Cogniten may use, replace, add or combine technology providers, infrastructure providers, artificial-intelligence systems, models and other technologies in connection with providing the Service. Cogniten does not guarantee continued availability or use of any particular underlying technology, model, provider or infrastructure. Such changes remain subject to Cogniten's contractual and data-protection obligations.

14. Security

Cogniten implements appropriate technical and organisational measures designed to protect Customer Content and personal data against unauthorised access, alteration, loss and disclosure. The measures are described in the Data Processing Agreement. No electronic or internet-based system can guarantee absolute security.

15. Trial and Subscriptions

New workspaces may start with a free trial for the period and with the usage allowance shown when the trial starts. Paid Subscriptions are based on the number of paid seats, the billing period, the applicable prices, the included usage and storage, and the subscription terms shown when the Subscription is ordered. Subscriptions renew automatically for further billing periods unless cancelled in accordance with the applicable subscription terms.

The seat quantity determines how many members may use the workspace. Removing a member does not automatically reduce the number of paid seats; the seat quantity must be adjusted through the subscription management provided for this purpose. Reductions generally take effect from the next billing period.

16. Prices and payment

The applicable prices are those shown at checkout or in the order at the time the Subscription is ordered or renewed. Unless stated otherwise, prices are in Swiss francs and exclusive of value added tax. Fees are payable in advance for each billing period. If payment is overdue, Cogniten may, after a reminder, suspend access to the Service until payment is received.

Cogniten may change its prices, pricing structure, seat pricing, included usage, storage allowances, available plans, paid add-ons and subscription offerings from time to time. Material pricing changes affecting an existing paid Subscription will generally take effect from a subsequent renewal period following reasonable prior notice, unless otherwise agreed or required by law. Fees already paid for a current billing period are not increased retroactively. During an agreed fixed term, the prices of an Enterprise agreement apply.

Fees paid are not refunded, in particular not for unused parts of a billing period, except where these Terms provide for a refund or mandatory law requires it.

17. Usage allowances, fair use and storage

Subscriptions are subject to plan allowances, fair-use safeguards, technical rate limits, storage limits, concurrency limits and security and anti-abuse limits. The Service is not unlimited. When included AI usage is largely or fully used, Cogniten may inform the Customer and limit certain functions (for example, more resource-intensive analysis) or further AI requests until the next billing period, or offer additional capacity. Cogniten may temporarily restrict unusually high, automated, abusive or technically disruptive usage where reasonably necessary to protect service availability, security, infrastructure or other customers. Cogniten may introduce additional paid capacity or add-ons.

Storage is subject to the Subscription's storage allowance. When the allowance is reached, Cogniten may prevent additional uploads; existing content is not deleted solely because the allowance has been reached. Cogniten may modify storage allowances for future billing periods in accordance with section 16.

18. Changes to the Service

Cogniten may add, modify, replace or discontinue features as the Service evolves — for example, improve features, replace AI systems, change workflows, redesign interfaces, introduce new functionality and retire outdated functionality. Cogniten does not guarantee the permanent availability of any particular feature. For material reductions of core paid functionality, Cogniten gives reasonable notice where practicable; if such a reduction materially affects the Customer, the Customer may cancel the Subscription with effect from the time the reduction takes effect and receives a refund of fees paid for the period after that date.

19. Availability and support

Cogniten endeavours to keep the Service available but does not guarantee uninterrupted or error-free operation, unless a service level has been agreed separately. Maintenance is carried out with as little disruption as reasonably possible. The Service depends on third-party infrastructure and on the internet, which Cogniten does not control. Support is provided by email at info@cogniten.ch.

20. Suspension

Cogniten may suspend access to the Service in whole or in part, to the extent and for as long as reasonably necessary, if (a) the Customer or a User materially breaches these Terms, in particular section 11; (b) use of the Service poses a risk to the security, availability or integrity of the Service or of other customers; (c) required by law or by a competent authority; or (d) fees are overdue as described in section 16. Where reasonably possible, Cogniten informs the Customer in advance and gives it the opportunity to remedy the cause.

21. Term and termination

The agreement runs for as long as the Customer has a workspace. The Customer may cancel a paid Subscription with effect from the end of the current billing period, and may delete its workspace at any time. Either party may terminate the agreement with immediate effect for good cause, in particular if the other party materially breaches the agreement and does not remedy the breach within a reasonable period after written notice. When a trial or Subscription ends without being continued, access to the workspace may be restricted.

Before the end of the agreement, the Customer can use the export and deletion functions available in the Service. After the agreement ends, Cogniten deletes the remaining Customer Content as set out in the Data Processing Agreement. Provisions that by their nature are intended to survive (in particular sections 4 to 6, 8 to 10, 12 and 22 to 25) survive the end of the agreement.

22. Warranty

Cogniten provides the Service with due care and in accordance with these Terms. Except as expressly set out in these Terms, and to the extent permitted by law, Cogniten gives no warranty that the Service or its Outputs will meet the Customer's particular requirements, be error-free or be suitable for a particular purpose. The Customer must report defects promptly; Cogniten will remedy reproducible defects within a reasonable period.

23. Liability

Cogniten is liable without limitation for damage caused intentionally or through gross negligence, and for personal injury, as well as where liability cannot be limited under mandatory law. Otherwise, and to the extent permitted by law:

  • Cogniten is not liable for slight negligence, for indirect or consequential damage, lost profit, lost savings, loss of data that could have been avoided by the Customer's reasonable measures, or damage resulting from reliance on Outputs without the review required under section 4;
  • Cogniten's total liability for all claims arising from the agreement in any contract year is limited to the fees paid by the Customer for the Service in the twelve months preceding the event giving rise to liability;
  • Cogniten is not liable for auxiliary persons (Art. 101 Swiss Code of Obligations) to the extent permitted by law.

Cogniten is not liable for failures caused by events beyond its reasonable control, such as failures of public networks, third-party infrastructure outside Cogniten's control, official measures, natural events or cyber-attacks despite appropriate protective measures.

24. Customer indemnity

The Customer indemnifies Cogniten against claims by third parties, and the reasonable costs of defending them, to the extent they result from Customer Content that the Customer was not entitled to submit, or from use of the Service by the Customer or its Users in breach of these Terms or applicable law. Cogniten informs the Customer promptly of any such claim and allows the Customer to participate in its defence.

25. Cogniten's rights and feedback

All rights in the Service — including its software, design, reference library, system instructions and documentation — remain with Cogniten and its licensors. The Customer receives a non-exclusive, non-transferable right to use the Service for its own professional purposes during the term of the Subscription. Cogniten may use suggestions and feedback about the Service to improve it, without any obligation to the Customer; this does not give Cogniten rights to Customer Content.

26. Changes to these Terms

Cogniten may update these Terms, for example when the Service, the technology used or the law changes. Each version is dated. Material changes are announced in advance and require the Customer's acceptance in the Service before they apply to it; if the Customer does not accept them, it may terminate the agreement, and Cogniten may terminate it with effect from the end of the current billing period. Non-material changes — such as corrections, clarifications and formatting — take effect when published and do not require acceptance.

27. General provisions

  • Notices may be given by email: to Cogniten at info@cogniten.ch, and to the Customer at the email address of the workspace owner(s).
  • Cogniten may transfer the agreement to a company that takes over the Service, provided the Customer's rights under the Data Processing Agreement are not affected. The Customer may transfer the agreement only with Cogniten's consent.
  • If a provision of these Terms is invalid, the remaining provisions remain in force; the invalid provision is replaced by a valid one that comes as close as possible to its purpose.
  • Order of precedence: an individually signed agreement; the Data Processing Agreement (for the processing of personal data); these Terms; other documentation of the Service.

28. Governing law and place of jurisdiction

These Terms are governed by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the registered office of Cogniten, Switzerland. Questions about these Terms: info@cogniten.ch.