Welcome to the Cognality website (the “Website”). The terms “we”, “us”, “our”, and “Cognality” refer to Cognality Corporation, a Delaware corporation. The term “you” refers to the customer visiting the Website.
The Cognality website is a service of Cognality. Cognality is not a direct provider of any medical services or medical advice and is not intended to take the place of any medical professionals including therapists. Cognality is another option for parents and provides calming virtual reality scenes (the “Scenes”) when other solutions are ineffective or not possible.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and its terms which may change from time to time, and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website.
You agree that by using this service and owning an account with Cognality you are at least 18 years of age and you are legally able to enter into a contract. If you do not agree, do not use this Website.
Any services offered to you by Cognality are only available to individuals who (1) can enter into legally binding contracts under applicable law and who are over eighteen (18) years of age; (2) all information that you provide to us in connection with the Website (e.g., name, e-mail address, and other information) is true and accurate and; (3) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein; (4) any use of Cognality Scenes by minors is supervised by you and you have legal guardianship of the minor at the time of use; (5) you are responsible for any and all actions of the minor(s) using your account to access Cognality Scenes.
Additionally, you agree not to:
(i) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(ii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(iv) deep-link to any portion of this Website for any purpose without our express written permission; or
(v) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Cognality in connection with the Website, the services, or the Scenes;
(viii) use the Website for any purpose or in any manner that violates any law or regulation.
This Website may contain hyperlinks to websites operated by parties other than Cognality. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
This Website and its Scenes may contain 3D models, images,or audio content (“Work(s)”) that has been created by parties other than Cognality. We do not own such content and are not responsible for the use of such content by you. Any and all content used by Cognality is licensed under Attribution 4.0 International license (“CC4 license”: https://creativecommons.org/licenses/by/4.0) or is in the public domain. If the Works are licensed under the CC4 license we provide appropriate information for use contained within our Scene source code. This information includes: title of Work, link to Work, author of Work, link to author, link to CC4 license used, and description of any modifications made by Cognality. By doing this, Cognality has the full legal right to use these Works in any of our Scenes and are exempt from legal action by the creators of any said Work.
This Website and Cognality is hereby authorized to collect data from your use of our Scenes and Website. Cognality will store usage data including, but not limited to which Scenes are used, time spent in said Scene, and your device motion ONLY while the Scene is in use (the “Data”). This data will be collected and stored by the Website, but will NOT be associated with your account. Along with this Data Cognality may also ask survey questions of you after use of a Scene that should be answered to the best of your abilities with no false information. Cognality also has the right to use the Data and survey results for internal improvements to the Website and its Scenes. If Cognality releases the Data in any way the users will remain anonymous. Furthermore, Cognality will not be responsible for any leaks in Data, but will enforce and maintain a high standard of data security.
This Agreement provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website conditioned on your continued compliance with the terms of this Agreement. You may print and download materials and information from the Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Website in any manner not expressly permitted herein.
You understand and agree that Cognality is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, any services or other third party service provider, sponsored products and/or services, or for any dispute between you and any third party service providers. You understand and agree that Cognality shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or promotion offered by any third party service providers or for any omissions, errors, representations, warranties, breaches or negligence by any third party, including but not limited to third parties who obtained your information by your use of the Website.
You agree to use the Website and services provided at your own risk. Under the terms of this Agreement, participants agree that Cognality is not liable for any incidental, indirect, consequential or exemplary damages, including (but not limited to) personal injury/wrongful death, damages to computer hardware, software failures, data failures, loss of profit, damages to goodwill, telecommunication equipment failures, or any other equipment failures or damages.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS COGNALITY’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, SCENES, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. COGNALITY DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION.
COGNALITY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, SCENES, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY COGNALITY. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SCENES, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COGNALITY DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM COGNALITY, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COGNALITY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SCENES, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE THIRD-PARTY SUPPLIERS PROVIDING 3D MODELS OR AUDIO CONTENT, OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF COGNALITY. COGNALITY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. IN NO EVENT SHALL COGNALITY (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COGNALITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If Cognality is found liable for any loss or damage that arises out of or is in any way connected with your use of this Website or services offered through Cognality, then Cognality’s liabilities will in no event exceed, in the aggregate, the greater of (a) the subscription fees paid to Cognality for the subscription(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Cognality.
You agree to defend and indemnify Cognality and its affiliates and any of their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind.
Cognality, through its website www.cognalityvr.com (the “Site”) is committed to ensuring the privacy and security of each user that visits our website. Your privacy rights are important to us and we are committed to respecting your online privacy and making sure that any information you share with us by using our website is properly protected.
When you visit our website, we may collect personally identifiable information (“PII”) and non-personally identifiable information through various sources. PII means any information that may be used to identify an individual, including but not limited to name, address, and telephone number. Non-PII is data that is not used to specifically identify, contact or locate an individual, including but not limited to zip code, gender, and age.
As is true of most websites, we may gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data, among other possible data. We keep this information for an indefinite amount of time to improve the operation of our Site and to provide better services to our users.
This contact information is generally stored on our servers and used to fulfill your information request. If you have not opted out of its use, we may share it with our data licensees.
When using any of Cognality’s virtual reality scenes (the “Scenes”) Cognality will also collect usage data. This data includes, but is not limited to which Scenes are used, time spent in said Scene, and device motion ONLY while the Scene is in use. This data will also be stored for an indefinite amount of time on Cognality’s servers.
The information that is automatically collected by this Site allows Cognality to further develop and improve the layout, design, and usability of its sites, in order to better serve your internet needs. Information you provide to us may be used for marketing purposes, and may result in follow-up communications. We automatically collect some information from your computer or device when you visit Cognality. For example, we may collect session data, including your IP address, web browser software, and referring website. We also may collect information about your online activity, such as content viewed, pages visited, and searches. One of our goals in collecting this automatic information is to help us understand the interests and preferences of our users and customize your user experience.
Cognality may use the information we collect from and about you in the following ways: (1) to fulfill your requests for information; (2) to respond to your inquiries; (3) to review Site usage and operations; (4) to address problems with the Site, our business, or our services; (5) to contact you with Site updates, newsletters and other informational and promotional materials from us and third party marketing offers from our trusted partners, as well as from other companies and; (6) for any other promotional, marketing or sales purpose.
Cognaltiy may use the usage data it collects for internal and external purposes. Cognality will use this data to improve its own Site and Scenes to the best of its abilities. Cognality also has the right to share this data with third parties at its discretion. These parties include, but are not limited to research programs, therapy centers, and educational institutions. Cognality also withholds the right to generalize this data and use it for marketing purposes.
Cognality may share your information with the following entities:
Third-party vendors who provide services or functions on our behalf, including business analytics, information processing, customer service, marketing, public relations, distribution of offers or promotional programs, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf, including, for example, as necessary to operate features of our Site or to facilitate the delivery of online advertising tailored to your interests.
Business partners with whom we may offer products or services in conjunction with or other third parties. We may share information about you, including your PII, with those partners or other partners doing business with Cognality. Please note that we do not control the privacy practices of these third-party business partners.
Educational institutions or research programs we are partnering with. We may share information about you, including your PII, usage data, and survey results with those partners. Please note that we do not control the privacy practices of these third-party partners.
Social Media Services. You may be able to access certain third party social media websites and services through our Site (such as Facebook). When you do so, you are sharing information with those sites, and the information you share will be governed by their privacy policies. You may also be able to modify your privacy settings with these third party social media websites.
Your web browser may transmit a “Do Not Track” (“DNT”) signal to Cognality, this Site, and other websites. Because of differences in web browsers’ default settings and the manner in which browsers incorporate DNT signals, it is sometimes unclear to site operators whether site visitors have selected the DNT setting themselves, or whether they are aware that they have a choice in determining the setting. Cognality and this Site do not currently respond to DNT signals. Once the Internet industry has settled on standards related to this issue and Cognality recognizes such standards, we may reevaluate this approach.
We may partner with a third party to either display advertising on this Site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this Site and other sites in order to provide you advertising based upon your browsing activities and interests.
To learn more about targeted ads or to opt-out of this type of advertising, visit the Network Advertising Initiative website or Digital Advertising Alliance website.
In compliance with the Children’s Online Privacy Protection Act (COPPA), the Site is not directed at or designed to attract children, but rather to be used by children with parental supervision at all times. Accordingly, we do not knowingly or intentionally collect personally identifiable information from anyone under 13 years of age.
Under California’s California Civil Code Section 1798.83, we provide a method for California residents to “opt-out” of having their information shared with third-parties and to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Contact us using the methods described in the “Contact Us” section to unsubscribe or to request such information.
To stop receiving future communications from Cognality, please go to the Contact Us page to opt out. Cognality may maintain separate email lists for different purposes. If you have registered or submitted information under more than one email account, you must submit separate opt-out requests for each account.
We may provide information to third parties, and third parties may independently collect information about users. Information shared with, or collected by, these third parties is subject to those third parties’ policies governing use and disclosure of personal information. Users should contact those third parties directly if they do not wish to receive communications from them, do not want those third parties to collect information about them, or wish to take any other actions with regard to such information.