Terms of Service
Last updated: 18 August 2026
These Terms of Service (the "Terms") govern your access to and use of the website supercognit.com, the SuperCognit platform, dashboards, chat interfaces, widgets, messaging-channel integrations, APIs and all related services (together, the "Services") provided by Ignacio Correia, Lda., trading as SuperCognit ("SuperCognit", "we", "us" or "our"). By creating an account, accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.
Please read these Terms carefully. They include, among other things, important disclaimers about content generated by artificial intelligence (section 7), limitations of our liability (section 28), your responsibilities when using messaging channels and browser automation (sections 13–14), and your indemnification obligations if you use the Services as a business (section 29). Nothing in these Terms excludes or limits any rights you have under mandatory Portuguese or European Union law that cannot be excluded or limited by contract.
1. Who we are
The Services are provided by Ignacio Correia, Lda., a limited liability company incorporated in Portugal that trades as SuperCognit:
- Legal name: Ignacio Correia, Lda.
- Trading name: SuperCognit
- Registered office: Rua do Matadouro 19, 8100-689 Loulé, Portugal
- NIPC / VAT: PT517951924
- Email: legal@supercognit.com
This email address is also our single point of contact for authorities and users under Regulation (EU) 2022/2065 (the "Digital Services Act"). Communication may be conducted in English or Portuguese.
2. Acceptance, eligibility and who these Terms bind
- You must be at least 18 years old to create an account or purchase a subscription. If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
- If you use the Services in the course of a trade, business, craft or profession, you are a "Business User". If you use the Services exclusively outside any such activity, you are a "Consumer". Some provisions of these Terms apply only to Business Users, and Consumers always retain the rights granted to them by mandatory law.
- You are responsible for the acts and omissions of everyone who accesses the Services through your account or workspace — including your employees, contractors, agents and affiliates — as if they were your own.
- You may not use the Services if you are prohibited from doing so under applicable sanctions or export-control laws.
3. Key definitions
- "Agent" — an AI-powered assistant configured on the platform, including its prompts, knowledge sources, tools, channels and settings.
- "Creator" — a user who builds, configures or publishes Agents on the platform, whether for their own use or for subscription by others.
- "Organization" — a workspace that subscribes to one or more Agents for use by its members ("Seats").
- "End User" — any person who interacts with an Agent, whether through a chat page, embedded widget, custom domain, WhatsApp, Telegram, API or any other channel, including anonymous guests.
- "Input" — any content submitted to the Services, including prompts, messages, uploaded files, imported websites, knowledge sources, credentials and configuration. "Output" — content generated by the Services in response to Input, including Agent replies, summaries and browser-automation results. Input and Output together form part of "Customer Content".
- "Model Providers" — the third-party providers of the large language models and other AI models that power the Services (for example Anthropic and OpenAI).
4. The Services and the roles on the platform
SuperCognit is a platform and a software tool. We provide the infrastructure with which Creators build and operate Agents and Organizations subscribe to them. We do not create, review, endorse or verify the Agents, prompts, knowledge or instructions configured by Creators, and we are not a party to any relationship, promise or transaction between a Creator and an Organization or End User beyond processing the payments described in section 21. Our obligations are limited to providing the platform with reasonable skill and care; they do not include any obligation to provide advice, nor any commitment as to the results you or your End Users obtain by using it. You are solely responsible for determining whether the Services are suitable for your intended use, including any legal or regulatory obligations that apply to that use in the jurisdictions where you operate.
5. Beta status; evolving services
The platform is under active development and parts of it are offered in beta. Any feature identified as beta, preview, early access, pilot or experimental (including, without limitation, browser automation, messaging channels and payment tools) is provided "as is" and at your sole risk: it may contain errors, may change or be withdrawn at any time without notice, is excluded from any support or availability commitment, and carries a higher risk of instability or data loss. We may begin charging for a beta feature upon notice. Your purchase of any subscription is based on the Services as they exist today and not on any promise of future features or roadmap items. Nothing in this section reduces the conformity rights Consumers have under Decreto-Lei 84/2021 for paid digital services.
6. Accounts, workspaces and security
- You must provide accurate, current and complete registration information and keep it updated. We may suspend or terminate accounts created with false information.
- You are responsible for safeguarding your credentials, API keys and sessions, and for all activity under your account, except to the extent such activity results from unauthorized access caused by a vulnerability in the Services themselves. Notify us immediately at legal@supercognit.com of any suspected unauthorized use.
- Roles and permissions you configure are your responsibility. You alone decide which members, Seats, API keys, partner clients and integrations can access your workspace and what they can do; we are not liable for the consequences of permissions you set or fail to set.
- We may reclaim, rename or reassign workspace slugs, agent slugs or custom subdomains where required to resolve trademark disputes or abuse.
7. AI-generated output — important disclaimers
The Services generate Output using probabilistic artificial-intelligence models. You acknowledge and agree that:
- Output may be inaccurate, incomplete, outdated, biased, offensive, misleading or otherwise unsuitable, and may misstate facts or invent information (commonly called "hallucination"), even when it appears confident, detailed or cites sources.
- You must independently evaluate Output before relying on it or allowing others to rely on it, including human review wherever the context requires it. Any reliance on Output is at your own risk.
- Output is not professional advice. It is not, and must not be used as a substitute for, the advice of qualified professionals — including legal, medical, health, psychological, financial, investment, insurance, tax, engineering or safety advice.
- Because models generate text probabilistically, identical or similar Output may be generated for other users, and Output may not qualify for intellectual-property protection. You acquire no rights in output generated for anyone else.
- As between you and us, and to the extent permitted by law, you own the Output generated by your Agents, subject to these Terms, third-party rights and the Model Providers' terms. We make no representations or warranties and provide no indemnity of any kind with respect to Output — including its accuracy, originality, fitness for any purpose or non-infringement.
- You must not use Output to make automated decisions that produce legal or similarly significant effects on any person (for example decisions about employment, credit, insurance, housing, education, health care or law enforcement) without appropriate human supervision, and you must not deploy the Services in any way that would classify them as a prohibited or "high-risk" AI system under Regulation (EU) 2024/1689 (the "AI Act") without our prior written agreement.
8. Artificial-intelligence disclosure obligations
The Services are designed so that End Users are informed that they are interacting with an AI system, in line with Article 50 of the AI Act. You must not remove, obscure, disable or contradict any AI disclosure presented by the Services, must not represent Output as having been generated by a human, and must not configure an Agent to claim that it is a human being. If you deploy Agents to your own End Users, you are the "deployer" of the AI system for the purposes of the AI Act and are responsible for your own transparency, oversight and compliance obligations in that role.
9. Acceptable use
You must not, and must not permit or configure any Agent or End User to:
- use the Services for any unlawful purpose or in violation of any applicable law or regulation, or to promote, facilitate or instruct in illegal activity;
- upload, generate or distribute content that is defamatory, harassing, hateful, violent, obscene, exploitative of minors, or that infringes any intellectual property, privacy, publicity or other right of any person;
- upload or transmit viruses, malware, worms, logic bombs or any other malicious or destructive code, or attempt to probe, scan, breach or test the vulnerability of the Services or circumvent any security or authentication measure without our prior written authorization;
- send spam, unsolicited messages, chain letters or any communication that violates anti-spam, telemarketing or electronic-communications laws, or message any person without the consents required by law;
- impersonate any person or entity, misrepresent your affiliation, or engage in phishing, fraud or deceptive practices — including configuring an Agent to solicit payment-card numbers, government identification numbers, passwords or API keys from End Users;
- use the Services for political-campaign targeting, voter suppression, disinformation, social scoring, biometric identification or emotion recognition, or to exploit the vulnerabilities of any group of persons;
- provide regulated professional services (legal, medical, financial or similar) through an Agent without qualified professional review and clear disclosure to End Users;
- operate Agents directed at children under 13, or knowingly collect personal data from them;
- reverse engineer, decompile or disassemble any part of the Services (except to the extent a mandatory statutory right cannot be waived), extract or attempt to infer model weights, system prompts or other proprietary components, use the Services or Output to develop or train a competing product or model, or publish benchmarks of the Services without our written consent;
- scrape or crawl the Services, access another customer's data, resell or sublicense the Services without a written agreement with us, share Seats or credentials to circumvent pricing, or impose an unreasonable or disproportionate load on our infrastructure or circumvent any rate or usage limit;
- remove, alter or hide any attribution, branding or notice that your plan requires to be displayed.
High-risk uses — including health-care diagnosis or triage, creditworthiness or lending decisions, real-money gambling, weapons, critical infrastructure and law-enforcement uses — require our prior written consent, which we may refuse or condition at our discretion. We may report violations of this section to competent authorities where we consider it appropriate or are required to do so.
10. Prohibited and sensitive data
- The Services are not designed for, and must not be used to store or process: payment-card data (we are not PCI DSS certified as a card processor for your data), government identification numbers, passwords or secrets of third parties, or protected health information subject to sector-specific regimes, except where a feature is expressly designed for it (for example the encrypted credential vault for browser automation, used at your own direction).
- If your Agents will process special categories of personal data (Article 9 GDPR — for example health, religious or biometric data), you must ensure a valid legal basis exists, notify us in writing before doing so, and remain fully responsible for that processing. We may suspend processing where we reasonably believe no valid basis exists.
- If you submit prohibited data despite this section, you do so at your own risk and you are solely responsible for the consequences.
11. Your Content — ownership, licence and responsibility
- You retain ownership of your Customer Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display and reproduce Customer Content solely to provide, secure and improve the Services, including passing it to the subprocessors and Model Providers necessary to operate them. Any use of your name or logo in our marketing requires your consent and is revocable.
- You are solely responsible for your Customer Content — its accuracy, quality, legality and appropriateness — and for the configuration, operation and supervision of your Agents. You represent and warrant that you own or have all rights, consents and legal bases necessary for the Customer Content you submit and for our processing of it under these Terms, and that it does not and will not infringe any third-party right or contain malicious code.
- We may (but have no obligation to) monitor, scan, remove or refuse any Customer Content that we reasonably believe violates these Terms, third-party rights or the law, or that creates risk for us, without liability and, where the situation requires, without prior notice. Removal creates no right to compensation.
- We are not an archiving or backup service. You are solely responsible for maintaining independent backups of your Customer Content.
- We own all usage data, telemetry and anonymized or aggregated data derived from the operation of the Services and may use it for any lawful purpose, provided it does not identify you or any natural person.
12. Knowledge sources, uploads and website imports
- When you upload files, link documents or import websites as knowledge sources, you warrant that you have the right to do so, including with respect to any third-party website's terms of use. Automatic re-crawling of URLs you configure happens on your instructions and at the cadence of your plan.
- Uploaded files are processed to extract text; we may scan uploads for malware and reject or delete any file we consider unsafe. We do not warrant that scanning will detect all malicious content, and you remain responsible for the files you upload.
- Retrieval-augmented answers are generated from your knowledge sources on a best-effort basis: we do not warrant that Agents will find, cite or faithfully reproduce any particular content, and section 7 applies fully to knowledge-grounded Output, including citations.
13. Browser automation
The Services can run automated browser sessions that navigate and act on third-party websites at your direction ("Browser Runs"). Browser Runs are a powerful and inherently unreliable capability, and you agree that:
- you instruct every Browser Run: you are solely responsible for the goals, inputs, credentials and target sites you configure, for having the authority to access those sites and accounts, and for complying with the target sites' terms of service and applicable law — including where a Browser Run submits forms, makes bookings or enters into transactions on your behalf;
- credentials you store in the vault are encrypted, but you provide them at your own risk and should use dedicated, least-privilege accounts wherever possible;
- Browser Runs may fail, time out, act on stale or misread page content, return partial results or produce unintended effects on third-party sites; we do not verify Browser Run results, and section 7 applies to them in full;
- we may limit, queue, refuse or terminate any Browser Run at any time, including where a target site objects, blocks automation or where we consider the run to create legal, security or operational risk.
14. Messaging channels and third-party platforms
- The Services can connect Agents to third-party messaging platforms, including WhatsApp (Meta) and Telegram, and can be embedded in your own websites. Your use of each channel is additionally governed by that platform's own terms — including the Meta Platform Terms, Meta Commercial Terms and WhatsApp Business terms, and the Telegram terms — which are separate agreements between you and those providers and are not incorporated into these Terms. You are solely responsible for complying with them.
- Meta, Telegram and other platform operators may restrict, suspend or terminate your (or our) access to their platforms at any time, may change their rules, pricing or APIs, and may require us to comply immediately. We are not liable for any such platform decision, for message delivery, ordering or latency on third-party networks, or for channel downtime, and no refund is due for it.
- You are solely responsible for your End-User messaging compliance: obtaining any consents required to message people on a channel, honouring opt-outs, respecting platform messaging windows and template rules, and complying with electronic-marketing and telecommunications laws in the countries you message. Any platform fees (for example Meta conversation charges) and carrier fees are your responsibility.
- If you embed the chat widget on your website, you must maintain a privacy notice that discloses the use of the widget and obtain any consents required from your visitors.
15. Service notifications (email and SMS)
We send service notifications about your account — such as usage-budget alerts, top-up confirmations, billing and invoice notices and payment-failure warnings — by email. If you opt in by providing your mobile phone number and actively checking the consent box under Profile → Notifications in your account, we will also send these notifications by SMS text message. SMS consent is optional and is never a condition of purchasing or using the Services; the same notifications are always sent by email. This is a transactional program only — we do not send marketing or promotional messages on it, and we never send SMS to anyone who is not our own registered account holder.
Message frequency varies with your account activity. Message and data rates may apply. You can opt out of SMS at any time by replying STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT to any message, or by removing your number in your account; reply HELP or INFO for help, and START to resubscribe. Opting out of SMS does not affect the same notifications reaching you by email.
Mobile information is never shared or sold to third parties or lead generators for any purpose. SMS opt-in consent and phone numbers are not shared with any third party. See our Privacy Policy for details on how we handle this data, and our SMS program disclosure for the full opt-in flow, the exact consent wording and example messages.
Carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier, device and coverage, and no messaging channel is guaranteed — see section 31 (no emergency services). You consent to receive contractual and service communications from us electronically, and such communications satisfy any requirement that they be in writing.
16. Third-party services and AI model providers
- The Services depend on third-party providers, including Model Providers, hosting and network providers, and payment processors. Your use of the Services must comply with the usage policies of the Model Providers powering your Agents (including the Anthropic Usage Policy and the OpenAI Usage Policies), which apply to your use in addition to section 9.
- Model Providers may change, deprecate or withdraw models, change their pricing or restrict usage at any time. We may substitute equivalent models or adjust the model tiers available on each plan, and we may suspend usage where a Model Provider or the law requires us to.
- We are not responsible for third-party services, websites or content linked from or interoperating with the Services, and we may disable any integration at any time where it creates risk for us or other customers.
17. APIs, MCP access and integrations
- API keys and MCP (Model Context Protocol) endpoints give programmatic access to your workspace. You are responsible for securing your keys and tokens and for everything done with them; treat them as secrets.
- We may impose, and change, rate limits, quotas and technical restrictions on API and MCP access, and may suspend keys that create security, performance or commercial risk. We bear no responsibility for damages resulting from your use of the API or from third-party products that access your data through it with your authorization.
- Partner and OAuth clients you authorize act on your instructions; review the permissions you grant them carefully.
18. Plans, fees, payment and usage limits
- Billing. Paid plans and Agent subscriptions are billed in advance on a recurring basis and renew automatically for successive periods equal to the initial period unless cancelled before the renewal date via the dashboard. Payments are processed by Stripe; we are not responsible for errors of the payment processor. You authorize us to charge your stored payment method for recurring fees, upgrades, applicable taxes and any usage-based charges you incur, and to retry failed charges.
- Trials. Where a free trial is offered, it converts into a paid subscription at the end of the trial period unless you cancel first. Trial features and duration may be changed or withdrawn at any time.
- Price changes. We may change our prices at any time. Price changes apply to new checkouts and, for existing subscriptions, only from the next renewal after at least 30 days' notice; you may cancel before the renewal if you do not accept the change.
- Usage-based charges and caps. Model usage, browser runs and other metered features consume usage allowances or prepaid credits at the rates shown in the product. We may adjust metering rates with reasonable notice. Where you configure cost caps or spend limits, metered features stop when the limit is reached; we may also throttle, queue or suspend usage that exceeds plan limits or that we reasonably consider abusive, and may bill overages where the plan provides for it. You are responsible for monitoring your own usage. Prepaid credits and unused allowances are non-refundable and do not roll over unless stated otherwise at purchase.
- Taxes. Fees are exclusive of VAT and other taxes, which are your responsibility (other than taxes on our income). Invoicing disputes must be raised within 30 days of the invoice date.
- Non-payment. If a charge fails or an amount is overdue, we may downgrade, suspend or restrict the Services after notice, and reactivate them when payment is made. Suspension for non-payment does not relieve you of amounts owed.
19. Consumer right of withdrawal (EU)
If you are a Consumer in the European Union, you have the right to withdraw from a distance contract within 14 days without giving a reason (Decreto-Lei 24/2014). To exercise it, notify us unambiguously at legal@supercognit.com within 14 days of contract conclusion; you may use the statutory model withdrawal form. If you request that a paid service begin during the withdrawal period, you owe a proportionate amount for the service provided until withdrawal. Where you purchase digital content supplied immediately, you lose the right of withdrawal only if you expressly consented to immediate performance and acknowledged the loss of the right, and we confirmed this on a durable medium. Withdrawal refunds are made within 14 days using the original means of payment.
20. Refunds and chargebacks
- Except as stated in section 19, required by mandatory law, or expressly stated at purchase, fees are non-refundable — including for partial periods, downgrades, unused Seats, unused credits or features you did not use. We may grant goodwill refunds at our discretion; doing so once does not oblige us to do so again.
- If you initiate a chargeback or payment dispute that we reasonably consider unfounded, we may suspend the affected workspace until the dispute is resolved and recover our reasonable costs of disputing it. This does not restrict your statutory rights or your right to raise genuine billing errors with us within 30 days of the invoice.
- Nothing in this section limits the conformity remedies Consumers have for paid digital services under Decreto-Lei 84/2021.
21. Additional terms for Creators (earnings and payouts)
- We are the merchant of record for subscriptions sold through the platform: we collect payments from Organizations on our own account, deduct the platform fee and applicable costs disclosed in the product, and credit the remainder to the Creator's earnings balance. Earnings accrue only on invoices actually paid.
- Clawbacks. If a payment underlying accrued earnings is refunded, reversed, charged back or disputed, the corresponding earnings are deducted from the Creator's balance (and, if already paid out, must be returned or will be offset against future earnings).
- Payouts are made according to the schedule, minimums and methods shown in the dashboard. We may withhold or delay payouts where required by law, where fraud or a breach of these Terms is suspected, or while a payment dispute is open.
- Creators are independent of SuperCognit: nothing creates an employment, agency or partnership relationship. Creators are solely responsible for their own taxes and social-security obligations on earnings, for the Agents they publish, for the claims and prices they present to subscribers, and for their compliance with these Terms in respect of every Agent they operate.
- We may set, and change with notice, the platform fee, minimum prices and payout thresholds. Existing subscribers to an Agent keep the price at which they subscribed; price changes apply to new checkouts.
22. Data protection and privacy roles
- For personal data of End Users processed through your Agents and channels, you are the data controller and we act as your processor, acting on your documented instructions as described in our Privacy Policy and, where applicable, a Data Processing Addendum incorporating the European Commission's Standard Contractual Clauses, available on request at legal@supercognit.com. For our own account, billing and website data, we are the controller.
- You warrant that you have provided all notices and obtained all consents and legal bases required to allow the processing of End-User data through the Services, including any recording, transcript retention or analytics you enable. We have no direct relationship with your End Users; if an End User contacts us to exercise data rights over data controlled by you, we will redirect them to you.
- We do not use your Customer Content to train foundation or large-language models, and our Model Providers are contractually restricted from using content submitted through our accounts to train their models. We may use anonymized and aggregated data as described in section 11.
- If you become aware of a personal-data breach connected to your use of the Services, you must notify us promptly with the relevant details; statutory notification duties towards your End Users and supervisory authorities for data you control rest with you.
23. Availability, support and maintenance
- We aim for high availability but do not warrant any particular uptime and offer no service-level agreement unless separately agreed in writing. The Services may be interrupted for maintenance (announced in advance where reasonably practicable), emergencies, capacity protection or causes outside our control.
- Downtime or degradation caused by upstream Model Providers, third-party messaging platforms, external APIs invoked by your Agents' tools, hosting or network providers is outside our control and excluded from any availability assessment.
- Support is provided by email and in-product channels on a reasonable-efforts basis, in English or Portuguese, with no guaranteed response times unless separately agreed.
- We may set and change technical limits (storage, message volume, run duration, concurrency, context sizes) to protect the integrity of the platform.
24. Suspension and termination
- By you. You may stop using the Services and cancel your subscription at any time via the dashboard, effective at the end of the paid period (without prejudice to sections 19 and 20).
- Suspension by us. We may suspend or restrict the Services, a workspace, an Agent, a channel or a feature, with notice where feasible and otherwise promptly afterwards, where: (a) we reasonably believe there is a breach of sections 9–14; (b) suspension is necessary to protect the security, integrity or availability of the Services or other customers; (c) we are required to by law, a competent authority, a Model Provider or a messaging platform; (d) amounts are overdue after notice; or (e) continued provision would expose us to material harm or liability. We will lift the suspension when the cause is resolved. Suspension does not relieve payment obligations that accrued before or during it.
- Termination by us. We may terminate for material breach not cured within 15 days of notice (or immediately where the breach is incapable of cure, including serious violations of section 9), and may terminate free accounts and free features at any time with reasonable notice. Where we discontinue the Services as a whole, prepaid fees for the unexpired period will be refunded pro rata.
- After termination, you have 30 days to export your Customer Content using the tools provided, after which we may delete it, and we may also delete data of accounts inactive for more than 12 months, subject in each case to legal retention duties. Sections that by their nature should survive termination (including sections 7, 11, 20, 21, 26–29 and 33–34) survive.
25. Content moderation and reporting illegal content
We host content configured by our customers and do not generally monitor it, and we have no obligation to do so. Anyone may report content they consider illegal or in breach of these Terms to legal@supercognit.com with the location of the content and the reasons; we review reports diligently and objectively, act proportionately (which may include removal, restriction, suspension or termination), and inform the affected customer of the reasons for any measure taken, as required by the Digital Services Act. We act expeditiously to remove or disable access to illegal content upon obtaining actual knowledge of it.
26. Intellectual property and feedback
- The Services, including all software, models of operation, interfaces, designs, documentation and our trademarks, are and remain the exclusive property of SuperCognit and its licensors. Except for the limited right to use the Services in accordance with these Terms, no rights are granted to you.
- Agents and other work product you build with the platform are yours, as between you and us; the underlying platform, tooling and any platform-level improvements remain ours.
- If you send us feedback, suggestions or ideas, we may use them without restriction or compensation, and we may already be developing similar functionality.
- We respect intellectual-property rights. Rights holders may notify us of alleged infringement at legal@supercognit.com; we may remove allegedly infringing content and may terminate repeat infringers.
27. Disclaimer of warranties
Except for the express commitments in these Terms and any warranty that cannot be disclaimed under mandatory law, the Services are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and any warranty that the Services will be uninterrupted, timely, secure, error-free or free of viruses or other harmful components, or that Output will meet your requirements or expectations. No advice or information obtained from us or through the Services creates any warranty not expressly stated in these Terms. If you are a Consumer, you retain in full the statutory conformity rights for digital services under Decreto-Lei 84/2021 and other mandatory law, which this section does not limit.
28. Limitation of liability
Nothing in these Terms excludes or limits our liability for death or personal injury, for damage caused by our intentional misconduct (dolo) or gross negligence (culpa grave), for fraud, or for any other liability that cannot be excluded or limited under Portuguese or EU law, including the mandatory rights of Consumers. Subject to that:
- Excluded damages. To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for loss of profits, revenue, business, goodwill, anticipated savings, data or use, arising out of or in connection with the Services, however caused and under any theory of liability — including damages arising from: (a) Output and any reliance on it; (b) Browser Runs and their effects on third-party sites; (c) decisions or actions of Meta, Telegram, Model Providers or other third-party platforms; (d) unauthorized access resulting from causes not attributable to us; (e) viruses or harmful code transmitted through the Services by third parties; (f) interruption, suspension or termination of the Services in accordance with these Terms; (g) loss or corruption of Customer Content for which you did not keep backups; and (h) acts or omissions of Creators, Organizations, End Users or other third parties.
- Cap. To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Services shall not exceed the greater of (i) €100 and (ii) the lesser of the amounts you paid us in the 12 months preceding the first event giving rise to liability and the total amounts you have actually paid us.
- Consumers. The exclusions and the cap above apply to Consumers only to the extent permitted by mandatory law, and never to the liabilities listed in the first paragraph of this section.
- For Business Users, any claim arising out of or relating to the Services must be brought within 12 months of the date the claimant knew or should have known of the facts giving rise to it, to the extent such a limitation is permitted by law.
29. Indemnification
If you are a Business User, you will defend, indemnify and hold harmless SuperCognit and its managers, personnel and suppliers from and against any third-party claim, demand, proceeding, loss, damage, fine and expense (including reasonable legal fees) arising out of or related to: (a) your Customer Content, including claims that it infringes third-party rights or was unlawful to process; (b) your use of the Services in breach of these Terms, the acceptable-use rules or applicable law, including messaging, marketing, consumer-protection, AI-transparency and data-protection laws; (c) claims by your End Users, subscribers or clients relating to your Agents, their Output or your business; (d) Browser Runs you instruct, including claims by target-site operators; and (e) your breach of the special-category-data obligations in section 10. We will notify you of the claim and may participate in the defence with our own counsel; you may not settle a claim in a way that imposes obligations on us without our consent. This section does not apply to Consumers, whose liability is governed by the general law.
30. Force majeure
Neither party is liable for failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labour disputes, governmental action, epidemics, power or telecommunications failures, failures of third-party hosting, cloud, model or utility providers, and cyberattacks (including denial-of-service attacks) that could not reasonably have been prevented. If a force-majeure event continues for more than 60 days, either party may terminate the affected subscription, in which case prepaid fees for the unexpired period are refunded pro rata.
31. No emergency services
The Services are not designed or intended to contact emergency services or to be used in situations where failure, delay or error could lead to death, personal injury or severe damage. Do not rely on any Agent or channel to reach emergency services or to handle emergencies.
32. Changes to the Services and to these Terms
We continuously improve the Services and may add, change or remove features, provided we do not materially degrade the core functionality you have paid for during a period already paid. We may revise these Terms from time to time: the updated version will be posted on this page with a new "Last updated" date, and for material changes we will give at least 30 days' notice by email or in-product notice. If you do not accept a material change, you may terminate the affected subscription before the change takes effect and receive a pro-rata refund of prepaid fees for the unexpired period; your continued use after the effective date constitutes acceptance. Changes required by law or necessary for security may take effect immediately.
33. Governing law, disputes and consumer redress
- These Terms are governed by the laws of Portugal. For Business Users, the courts of Lisbon, Portugal have exclusive jurisdiction. If you are a Consumer, you also benefit from the protection of the mandatory rules, and the jurisdiction of the courts, of your country of habitual residence within the EU.
- Consumer dispute resolution (Lei 144/2015). In case of a consumer dispute, you may resort to alternative dispute resolution. The competent entity of general scope is CNIACC — Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (www.cniacc.pt); other certified ADR entities are listed by the Direção-Geral do Consumidor at www.consumidor.gov.pt. For consumer disputes of low value, arbitration is available at the consumer's option in accordance with Lei 63/2019.
- Complaints book. An electronic complaints book (Livro de Reclamações Eletrónico) is available: you can submit a complaint directly to Ignacio Correia, Lda. here on livroreclamacoes.pt.
- Before initiating proceedings, we encourage you to contact us at legal@supercognit.com — most issues can be resolved quickly and informally, and we aim to respond to complaints within 15 working days.
34. General provisions
- Entire agreement. These Terms, the Privacy Policy and any order or addendum you agree with us are the entire agreement between us regarding the Services and supersede all prior agreements on the subject.
- Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force.
- No waiver. A failure to enforce any provision is not a waiver of the right to enforce it later.
- Assignment. You may not assign these Terms without our written consent (a change of control of a Business User counts as an assignment); we may assign them in connection with a merger, acquisition, corporate reorganisation or sale of assets, with notice to you.
- Third parties. Except as expressly stated, these Terms create no rights for third parties.
- Language. These Terms are drawn up in English. Translations may be provided for convenience; where a translation is required by mandatory consumer law, that version prevails for the relevant Consumer, and otherwise the English version prevails.
35. Contact
Questions about these Terms? Contact us at legal@supercognit.com.