Terms of Service (Australia)
The rules for using Cognis. Read them before subscribing to an agent.
Last updated: 2 September 2026
1. Who we are and who these Terms apply to
These Terms of Service ("Terms") are a contract between Cognis SpA ("Cognis", "we", "us"), a company incorporated under the laws of the Republic of Chile, Chilean Tax ID (RUT) 78.403.042-3, with its principal place of business in Santiago, Chile, and the business that subscribes to the Service ("Client", "you"). Cognis operates from Chile and supplies the Service to clients in Australia remotely; it has no office, branch or subsidiary in Australia. These Terms apply to Clients located in Australia. Contact: antonio@cognis.cl.
2. Definitions
"Platform": the website cognis.cl and the web application app.cognis.cl through which the Client accesses, configures and supervises the AI Agents. "AI Agent" or "Agent": an artificial-intelligence module that performs tasks autonomously on the Client's behalf. The suite available in Australia comprises Jarvis (business assistant and coordination, included at no charge), Clarisa (SEO content and blog), Cristina (visibility in AI assistants such as ChatGPT, Claude, Gemini and Grok), Amanda (conversion optimisation) and Constanza (local reputation and Google Business Profile); the current catalogue and the scope of each Agent are those shown on the Platform at the time of subscribing. "Service": access to the Platform and the operation of the Agents the Client subscribes to. "User": an individual authorised by the Client to use the Platform. "Knowledge Base": the brand information, voice, tone, audience, catalogue, documents and parameters entered or connected by the Client. "Generated Content": material produced by the Agents from the Knowledge Base. "Integrations": connections with third-party platforms that the Client authorises (clause 9). "Billing Period": the period covered by each charge for an Agent, shown when you subscribe (weekly for the standard Australian plan). "Free Trial": an initial period, normally 10 days, with the conditions shown when it is activated (clause 12). "Australian Consumer Law" or "ACL": Schedule 2 to the Competition and Consumer Act 2010 (Cth). "GST": goods and services tax within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth). "ABN": Australian Business Number.
3. Acceptance
By creating an account or first accessing the Platform, the User declares that: (a) they have read and accept these Terms and the Privacy Policy in full; (b) they have authority to bind the Client; (c) the Client carries on a legitimate business; and (d) the information provided is accurate. These Terms are permanently available at app.cognis.cl/en/terms, where they can be read, saved and printed before and after subscribing. The Service is supplied to businesses for business purposes; it is not offered to individuals for personal, domestic or household use.
4. The Service: a supply of services
4.1 What Cognis supplies. Cognis supplies content, visibility, conversion-optimisation and reputation services, delivered through AI Agents configured with the Client's Knowledge Base. The Agents perform tasks autonomously under the parameters the Client sets: creating and publishing content, measuring visibility in search engines and AI assistants, proposing and applying conversion improvements, and managing reviews and the Client's Google Business Profile, among others according to the Agent subscribed. Activation follows the flow shown on the Platform (Draft, In Configuration, Active). 4.2 Nature of the supply. The Service is a supply of services. It is not a sale, lease or licence of software, and no amount payable under these Terms is a payment for a software licence or for any intellectual-property right. Where Cognis provides a connector to enable the Service (for example its WordPress plugin), that connector is provided at no separate charge, solely to deliver the Service, and remains Cognis's property; the fees under these Terms are payable for the services alone. 4.3 What Cognis does not promise. Cognis commits skill and diligence, not outcomes. Cognis does not guarantee specific positions in search engines, mentions in AI assistants, traffic volumes or commercial results, does not guarantee one-hundred-per-cent availability, and does not guarantee human review of every interaction or piece of content generated. Nothing in this clause excludes, restricts or modifies the consumer guarantees described in clause 5. 4.4 Service evolution. Cognis may improve the Platform and the Agents over time. If a change materially reduces the functionality the Client pays for, the Client has the rights set out in clause 19.
5. Your rights under the Australian Consumer Law
5.1 The Client may be a "consumer" within the meaning of the ACL. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. 5.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on the Client by the ACL or any other applicable law that cannot lawfully be excluded, restricted or modified. All other conditions, warranties and guarantees implied by law are excluded to the extent the law permits.
6. Account and security
The account is for the Client's business and is not transferable. The User is responsible for keeping credentials confidential and for all activity under the account. Any unauthorised use must be reported without delay to antonio@cognis.cl.
7. Acceptable use
The Client must not, and must ensure its Users do not: (a) publish unlawful, defamatory, deceptive or misleading content; (b) use the Service to generate spam, phishing or disinformation; (c) attempt to access other clients' accounts or Cognis's internal systems; (d) reverse-engineer the Platform; (e) resell or sublicense access to the Service; (f) use the Agents for purposes other than the declared business purpose; (g) enter personal information of third parties into the Service without a lawful basis to do so; (h) use the Service to send unsolicited commercial electronic messages in breach of the Spam Act 2003 (Cth) or to breach the policies of Google, Shopify or any connected platform; or (i) use the Service in breach of the Privacy Act 1988 (Cth), the ACL or any other law that applies to the Client. The Client is responsible for maintaining, on its own websites and channels, the privacy notices to its visitors and customers that the law requires of it, in particular where session-analytics tools such as Microsoft Clarity are enabled (clause 9).
8. Generated Content and your review
8.1 Ownership. Generated Content belongs to the Client once published or downloaded. Cognis claims no rights over it. 8.2 Review. Artificial intelligence involves a margin of variability, and Cognis does not guarantee that Generated Content is accurate or free of errors. The Client is responsible for reviewing Generated Content, verifying its accuracy and suitability before or promptly after publication, and for the consequences of publishing it, including ensuring that content published under the Client's brand does not mislead or deceive the Client's own customers. The Platform gives the Client the controls to review, edit, approve or remove Generated Content. 8.3 Permanence. Whatever has been published on the Client's own infrastructure (its store, blog, Google Business Profile or website) remains in the Client's hands, including after the Service ends.
9. Integrations
By configuring an Integration, the Client authorises Cognis to access and operate on its behalf within the scope of the permissions granted. The Integrations available for the Australian offer are: Shopify, through Cognis's public app, with permissions limited to blog content, products, themes, discounts and files (the app does not request access to customer records, orders, draft orders or checkout data of the Client's store); WordPress and external sites, through the official Cognis plugin, which publishes posts, serves the frequently-asked-questions page and can install the Microsoft Clarity measurement snippet; Google Search Console, read-only access to search performance plus notifying Google of new content for indexing; Google Analytics 4, read-only access to aggregated metrics; Google Business Profile, management of the Client's business profile and its reviews; and Microsoft Clarity, measurement of the use of the Client's website, including session recordings and heat maps, where enabled (Cognis creates the project, installs the snippet and ingests only aggregated daily metrics). Integration credentials are stored encrypted with AES-256-GCM. The Client may revoke each Integration at any time from the Platform or from the provider's own panel; on revocation, the Agents that depend on it stop operating to that extent. The Client is responsible for keeping its third-party accounts and permissions current.
10. Data we handle on your behalf
10.1 Roles. For the personal information of third parties that the Agents process on the Client's account (for example, visitors to the Client's website whose sessions are measured with Clarity, or authors of reviews on the Client's Google Business Profile), the Client is the party responsible for that information and Cognis processes it only on the Client's behalf and instructions, as reflected in the configuration of the Agents. The categories of information involved are described in the Cognis Privacy Policy (Australia), available at app.cognis.cl/en/privacy. 10.2 Cognis's commitments. Cognis will: (a) process that information only to deliver the Service under these Terms; (b) not use it for its own purposes and not sell or disclose it, except to the service providers listed in the Privacy Policy; (c) keep it confidential and protect it with the security measures described in the Privacy Policy; (d) notify the Client without undue delay of any security breach affecting it, with the information the Client needs to meet its own legal duties; and (e) assist the Client to respond to requests from individuals about their personal information within the legal time limits. 10.3 Permitted aggregates. As an express exception, Cognis may produce statistics that are aggregated or irreversibly de-identified in order to operate, measure and improve the Service; de-identified information ceases to be personal information. 10.4 Service providers. The Client authorises the service providers listed in the Privacy Policy, including providers located outside Australia. Cognis will give at least 15 days' notice of changes to that list; if the Client objects to a change, it may cancel the Service without penalty before the change takes effect. Cognis remains responsible for the providers it uses. 10.5 End of the Service. At the end of the Service, the information handled on the Client's behalf is returned through the export described in clause 13 and then deleted or de-identified as described in the Privacy Policy, except what the law requires to be kept. 10.6 Client warranty. The Client warrants that it collects and connects data lawfully, and that it gives its own customers and visitors the privacy information the law requires of it, including its own privacy policy.
11. Fees, GST and payment
11.1 Fees. The fee for each Agent is the price shown on the Platform when you subscribe. The standard price in Australia is AUD 125 per Agent per week; Jarvis is included at no charge. Each paid Agent is a separate subscription that is billed in advance for each Billing Period and renews automatically until cancelled. The price, the Billing Period and the renewal terms are shown to you before you subscribe. 11.2 GST. Prices are in Australian dollars and are the total amount payable. Cognis is not currently registered for Australian GST and does not charge GST. If Cognis becomes registered, or is required to register, for GST, it will give you at least 30 days' notice; from then on, GST of 10% would be added to the fees of Clients that are not registered for GST, while Clients that are registered for GST, have given Cognis their ABN and have confirmed their registration in writing will not be charged GST, because that supply is not connected with Australia. 11.3 ABN. Cognis may ask you for your ABN and your GST registration status, and may verify them against the Australian Business Register, including periodically; you must tell Cognis promptly if your registration status changes. 11.4 Payment. Charges are made through PayPal or another payment method that Cognis makes available and tells you about when you subscribe. Card and account details are handled directly by the payment provider; Cognis does not see or store them. Cognis issues a receipt for each charge; as a Chilean company it issues Chilean export billing documents, and if it becomes registered for Australian GST it will issue the documents that registration requires. 11.5 Failed charges. If a charge fails, Cognis retries it and allows a grace period of at least 3 days before pausing the unpaid Agent; pausing affects the Agent, not the account. Cognis may suspend the Service for persistent non-payment on at least 7 days' notice. 11.6 Price changes. Price changes are notified at least 30 days in advance and apply from the first Billing Period after that notice period ends; if you do not agree, you may cancel before the new price takes effect.
12. Free Trial and data on expiry
The Free Trial normally lasts 10 days; its specific conditions, including when the first charge occurs, are shown when it is activated. If the Free Trial ends without a paid subscription, the account and its Agents are paused and Cognis notifies the Client by email. At least 7 days after that notice, Cognis may permanently delete the Service data associated with the account (Knowledge Base, Generated Content not published on the Client's own infrastructure, configurations and histories), keeping only what the law requires and the suppression lists whose sole purpose is not to contact again those who asked not to be contacted. The same notice-and-waiting rule applies to a prolonged unpaid balance on a subscription.
13. Cancellation, refunds and termination
13.1 Cancellation by the Client, as easy as subscribing. You may cancel any Agent, or the whole Service, at any time from the Platform, with no more steps than subscribing took: no phone call, no retention interview and no cancellation fee. Cancellation takes effect at the end of the current Billing Period; the Agent keeps working until then and no further charge is made. If you cancel during the first paid Billing Period of an Agent, you may choose between keeping it running until the end of that period or stopping it immediately and receiving the pro-rata refund described in clause 13.2. 13.2 Pro-rata refund in the first Billing Period. If you cancel an Agent during its first paid Billing Period, you may stop it immediately and Cognis refunds the part of that charge that corresponds to the unused days, counted from the day after your request to the end of the period. Just write to antonio@cognis.cl, no reason required, and the refund is made through the same payment method. From the second Billing Period onwards, payments already made are not refunded on cancellation, because the Service remains available until the end of the paid period. This does not affect any right you have under the Australian Consumer Law or any other law: where the law requires a refund, Cognis provides it. 13.3 Refunds where Cognis ends the Service. If Cognis terminates the Service other than for the Client's breach, or withdraws an Agent or the Service from the Australian market (which it may do on at least 60 days' notice), it refunds the unused portion of any prepaid fee. 13.4 Termination by Cognis. Cognis may terminate: (a) for a material breach of these Terms that is not remedied within 14 days of written notice; (b) immediately, for fraudulent or unlawful use of the Service; and (c) for persistent non-payment, following the grace and notice steps in clause 11.5. 13.5 Effect of ending. When an individual Agent is cancelled, its outputs stored in Cognis are deleted from 7 days after an email notice. When the whole Service ends, the Client has 30 days to export its Knowledge Base, Generated Content and histories from the Platform; afterwards, the data is deleted or de-identified as described in the Privacy Policy. What is already published on the Client's own infrastructure stays with the Client.
14. Intellectual property
The Platform, the AI Agents, the source code, the orchestration models and the algorithms are and remain the exclusive property of Cognis or its licensors. The Knowledge Base, the Generated Content and the interactions the Agents carry out on the Client's account are the Client's property. Cognis does not use the Knowledge Base, the Generated Content or those interactions to train general-purpose artificial-intelligence models, does not allow its providers to do so, and does not use them for the benefit of other clients, without prejudice to the aggregated or de-identified statistics described in clause 10.3.
15. Commercial reference (name and logo)
From the creation of the account or first access to the Platform, the Client authorises Cognis, on a non-exclusive and royalty-free basis, to use the Client's trading name and logo for the sole purpose of identifying it as a current or past client of Cognis, on Cognis's website, the Platform, commercial proposals, presentations, case studies and marketing material. This authorisation is a limited licence of use: it transfers no rights over the Client's trade marks, permits no alteration of the logo beyond proportional resizing, and does not imply that the Client endorses any specific Cognis product or service. The Client's metrics, results or commercial information are published only with its additional consent or in aggregated form without identifying it. Testimonials that include the name or image of an individual require that person's separate consent. The Client may revoke this authorisation at any time, without cause, by simple notice to antonio@cognis.cl; Cognis will remove the name and logo from its digital surfaces within 15 days. Revocation does not require the withdrawal of printed material already distributed and has no retroactive effect.
16. Confidentiality
Each party will keep confidential the other's non-public information: the Knowledge Base, prices, strategies, business data and access credentials. This obligation continues for 3 years after the contract ends and, for personal information, for as long as the law requires.
17. Privacy
The handling of personal information is governed by the Cognis Privacy Policy (Australia), available at app.cognis.cl/en/privacy, which forms part of these Terms, and by clause 10 where Cognis processes information on the Client's behalf. For the Client's and its Users' own account, billing and usage data, Cognis is the party responsible. Privacy channel: antonio@cognis.cl.
18. Liability
18.1 Consumer guarantees first. Nothing in this clause 18 excludes, restricts or modifies the application of the ACL consumer guarantees, or any right or remedy that cannot lawfully be excluded, restricted or modified. Clause 5 prevails over this clause to the extent of any inconsistency. 18.2 Limitation under section 64A of the ACL. Where the services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Cognis's liability for failure to comply with a consumer guarantee applying to the services is limited, at Cognis's option, to: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again. This limitation does not apply if the Client establishes that it is not fair or reasonable for Cognis to rely on it. 18.3 Other liability. Subject to clauses 18.1 and 18.2, and to the maximum extent permitted by law: (a) Cognis is not liable for indirect or consequential loss, loss of profits, revenue, goodwill or data, errors in Generated Content that the Client published, transactions not completed with the Client's own customers, interruptions caused by events beyond Cognis's reasonable control, or failures of third-party providers (among others: Supabase, Vercel, Railway, Cloudflare, Anthropic, Google, Microsoft, Shopify and PayPal); and (b) Cognis's total aggregate liability arising out of or in connection with the Service is limited to the total fees paid by the Client in the 3 months before the event giving rise to the liability.
19. Changes to these Terms
Cognis may amend these Terms by giving at least 30 days' notice to the Client's registered email address. If an amendment materially reduces the Client's rights or the Service, the Client may cancel without penalty before the amendment takes effect and receive a refund of the unused portion of any prepaid fee. Continued use after the effective date constitutes acceptance. The version history is available on request.
20. Governing law, disputes and language
These Terms are governed by the laws of the Republic of Chile. Nothing in this clause or elsewhere in these Terms excludes, restricts or modifies any right you have under the Australian Consumer Law, and nothing prevents you from bringing proceedings under the Australian Consumer Law in a court of competent jurisdiction in Australia. For any other dispute, the parties submit to the non-exclusive jurisdiction of the courts of Santiago, Chile, which means that either party may also bring proceedings in another court that has jurisdiction. Before starting any proceedings, the parties will try in good faith to resolve the dispute in writing for at least 30 days. For Clients located in Australia, this English-language document is the version that applies and prevails over Cognis's Spanish-language Terms and Conditions and over any translation.
21. General
If a provision of these Terms is void, unenforceable or illegal, it is severed and the rest remains in force. A failure to enforce a right is not a waiver of it. The Client may not assign these Terms without Cognis's consent, not to be unreasonably withheld; Cognis may assign to a related entity or a purchaser of its business on notice, provided the Client's rights are not reduced. These Terms and the Privacy Policy are the entire agreement between the parties about the Service, without excluding liability for statements made misleadingly or any non-excludable statutory right.
22. Notices and contact
Notices to the Client are sent to the email address registered on the Platform. Notices to Cognis: antonio@cognis.cl. The Cognis team responds in English. This is Version 1.0 of the Terms of Service (Australia), in force from 2 September 2026.
Cognis SpA · Santiago, Chile