Terms of Service
Version 2026-08-02 · Last updated August 2, 2026
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Important — Please Read
IMPORTANT — PLEASE READ CAREFULLY. THIS IS A BINDING LEGAL AGREEMENT. IT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS-ACTION WAIVER (SECTION 20), A LIMITATION OF LIABILITY (SECTION 16), DISCLAIMERS OF WARRANTIES (SECTION 15), AND YOUR AGREEMENT TO INDEMNIFY THE COMPANY (SECTION 17). BY ACCESSING OR USING THE SERVICE YOU AGREE TO ALL OF THESE TERMS.
Agreement
Effective date: [EFFECTIVE DATE — COUNSEL TO CONFIRM] Last updated: August 2, 2026 These Terms of Service (the "Terms") are a binding agreement between The Cognitive Muse, Inc., a Delaware corporation ("Company," "we," "us," or "our"), and the business entity or person that accesses or uses the Service ("Customer," "you," or "your"). The Service is The Cognitive Muse platform, together with all related websites, applications, tools, features, APIs, models, and content made available by Company (collectively, the "Service"). If you are entering into 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.
1. Acceptance; Eligibility; Commercial Use
1.1 Acceptance. By creating an account, clicking "I agree" (or similar), or accessing or using any part of the Service, you accept these Terms, our Privacy Policy (available at /privacy), and any policies referenced herein. If you do not agree, do not use the Service. 1.2 Eligibility. You must be at least 18 years old and able to form a binding contract. The Service is offered for commercial and professional use by businesses and their authorized personnel (e.g., real-estate agents and brokerages, advertising and outdoor/billboard companies, restaurants, automotive dealers, marketing agencies, and similar). You represent that you are using the Service for business purposes. 1.3 Authorized Users. You are responsible for all activity under your account and for ensuring each of your authorized users complies with these Terms. You are liable for their acts and omissions as if they were your own. 1.4 Account registration. You agree to provide accurate, current information and to keep it updated. Company may refuse, suspend, or terminate accounts in its discretion.
2. Definitions
"Credits" means the prepaid or plan-allocated units consumed to access certain features. "User Content" means any content you or your users upload, submit, or provide to the Service, including images, photographs, logos, headshots, brand materials, text, prompts, listing data, and contact data. "Output" means any image, text, vector, analysis, score, document, or other result generated, edited, enhanced, restored, traced, or otherwise produced by the Service from your prompts and/or User Content. "Third-Party Providers" means the third-party model, infrastructure, payment, storage, communication, and other service providers Company uses to operate the Service. "Documentation" means usage instructions and policies Company makes available.
3. The Service; License to Use
3.1 License. Subject to these Terms and your payment of applicable fees, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for your internal business purposes during the term. 3.2 Plans and features. Features, tools, model versions, resolutions, quotas, and Credit costs may vary by plan and may change over time. Some features are labeled beta, preview, experimental, or similar ("Beta Features") and are provided "as is" under Section 11.5. 3.3 Updates. Company may modify, add, or remove features at any time. Company will use commercially reasonable efforts to avoid materially degrading core paid functionality during a paid term, but reserves the right to make changes required by Third-Party Providers, law, or security.
4. Accounts and Security
4.1 You are responsible for safeguarding credentials and for all activity under your account. Notify us promptly of any unauthorized use at support@thecognitivemuse.com. 4.2 You will not share accounts except through properly provisioned authorized-user seats, will not exceed your licensed seats or quotas, and will not circumvent technical limits, rate limits, or usage metering.
5. Credits, Subscriptions, Billing, and Taxes
5.1 Fees. You agree to pay all fees for plans, Credits, and purchases at the prices then in effect. Fees are charged through our payment processor (e.g., Stripe). You authorize us and our processor to charge your payment method for all amounts due. 5.2 Credits. Certain features consume Credits. Company sets and may change Credit costs per feature. Except where required by law, Credits and fees are non-refundable, are not redeemable for cash, and have no monetary value. Free, promotional, or bonus Credits may be modified or revoked at any time. 5.2.1 Expiration of purchased Credits. Credits you purchase expire twelve (12) months after the date of purchase. Any purchased Credits still unused at that time are forfeited and cannot be restored. Each purchase runs on its own twelve-month term from its own purchase date; buying more Credits does not extend the term of Credits you already hold. This applies only to Credits purchased on or after the effective date of this Section. Credits you purchased before that date do not expire under this Section and remain available while your account is open. Before any purchased Credits expire, Company will email the address on your account twice: approximately thirty (30) days beforehand and again approximately seven (7) days beforehand, stating how many Credits are affected and the date they expire. These are account notices, not marketing, and are sent whether or not you have opted out of marketing email. Company will not forfeit Credits for which the thirty-day notice was not sent. You are responsible for keeping a working email address on your account. When you spend Credits, plan-allocated and promotional Credits are consumed first, and purchased Credits after that; among purchased Credits, those expiring soonest are consumed first. Your current balance, the number of Credits expiring soon, and the applicable dates are shown in your account. 5.2.2 Plan-allocated Credits. Credits included with a subscription plan are allocated for the billing period, are not purchased value, and do not roll over. They are not subject to the twelve-month term in Section 5.2.1 because they do not carry over between periods. 5.3 Subscriptions; auto-renewal. Paid subscriptions automatically renew for successive periods at the then-current price unless cancelled before the renewal date through the account settings or as otherwise described at checkout. You authorize recurring charges until you cancel. Cancellation takes effect at the end of the current billing period; you retain access through that period. 5.4 Price changes. Company may change prices, plans, and Credit allocations. For subscriptions, changes apply at the next renewal; your continued use after the change constitutes acceptance. 5.5 Taxes. Fees are exclusive of taxes. You are responsible for all sales, use, VAT, and similar taxes (excluding taxes on Company's net income). 5.6 No refunds. Except as expressly stated or required by non-waivable law, all purchases are final and non-refundable, including for unused Credits, partially used periods, dissatisfaction with Output, or feature changes. 5.7 Failed payments. If a charge fails, Company may suspend or downgrade access until payment is resolved and may retry charges. 5.8 Storage fees. Your account includes storage for up to one thousand (1,000) images in your library at no additional charge. If your library exceeds that included allotment, Company may charge a storage fee of ten U.S. dollars ($10) per month for each additional block of up to one thousand (1,000) stored images (or any part of such a block), as measured by Company's systems. The stored-image count covers every image retained for your account — for accounts belonging to an organization, all images stored by that organization's users, and including items in your library's Trash — until permanently deleted. Your current usage, the included allotment, and any storage fees at your current usage are displayed in your library and in your account settings; the amount billed for a month is based on your stored-image count as measured for that month. Storage fees are charged to the payment method on file with your subscription, together with your subscription billing, and are subject to Sections 5.1 through 5.7 (including Section 5.4, Price changes). You can reduce or avoid storage fees at any time by permanently deleting images you no longer wish to store; you are responsible for downloading any images you wish to keep before deleting them (see Section 11.3).
6. User Content; Your Representations and Warranties
6.1 You retain ownership of your User Content. You grant Company and its Third-Party Providers a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, create derivative works from, process, transmit, and display User Content solely to operate, provide, secure, and improve the Service and to generate Output for you, and as needed to comply with law. Company will handle personal data as described in the Privacy Policy (available at /privacy). 6.2 Your representations. You represent and warrant that, for all User Content and all uses of Output you make: (a) you own or have all rights, licenses, consents, and permissions necessary to provide the User Content and to authorize the processing and Output described in these Terms; (b) you have obtained all necessary rights, model releases, property releases, and consents from any person whose name, image, likeness, voice, or persona appears in or is derivable from your User Content or the Output, and from any owner of any property, product, logo, trademark, artwork, or copyrighted work depicted; (c) the User Content and your use of Output do not and will not infringe, misappropriate, or violate any third party's intellectual property, publicity, privacy, contractual, or other rights, or any law; and (d) the User Content does not contain anything prohibited under Section 9; and (e) where you upload artwork to be analyzed, learned from, or used to train a style, model, or artist persona, you own that artwork or hold every right, license, and permission needed to use it for that purpose. 6.3 Responsibility. As between you and Company, you are solely responsible for your User Content and for your use of all Output. 6.4 Style-training inputs (Artist Training / Custom Artists). Certain features let you upload existing artwork so the Service can analyze it and produce a reusable style directive or "custom artist" you can apply to future work. Artwork you find — including billboards, advertisements, portfolio pieces, and other designs you did not create — is protected by copyright and other rights, and uploading it here does not give you rights in it. You may use these features only with (i) artwork you created, (ii) artwork owned by your organization or client that you are authorized to use for this purpose, or (iii) artwork you have the owner's permission to use for this purpose. Before each training submission you must affirmatively confirm that you hold those rights; Company records that confirmation, and the Service will not train on artwork you have not confirmed rights to. That confirmation is a representation by you under Section 6.2, and your indemnity obligations in Section 17 apply to it. You are solely responsible for any claim arising from training on artwork you did not have the right to use, and Company may remove any trained style or custom artist, and suspend access to these features, on notice of a rights complaint or of a breach of this Section.
7. AI-Generated Output
7.1 Nature of generative AI. The Service uses artificial-intelligence models (including Third-Party Provider models) that are probabilistic and non-deterministic. Output may be inaccurate, incomplete, unexpected, offensive, non-unique, or substantially similar to existing works, designs, persons, or other users' output. The same or similar prompts may produce similar results for other users. Company does not control and cannot guarantee the behavior of Third-Party Provider models. 7.2 No warranty of originality, accuracy, or non-infringement. Company makes no representation or warranty that any Output is original, accurate, fit for any purpose, free of third-party rights, copyrightable, or non-infringing. (See Sections 8, 15, 16.) 7.3 Output rights — Company retains ownership and licenses Output to you. Subject to your compliance with these Terms and payment of fees, and subject to the rights of Third-Party Providers and other third parties, and consistent with the Artwork License Agreement §4, as between you and Company, Company retains all right, title, and interest, if any, in and to the Output you generate, and grants you a limited, non-exclusive, non-transferable license to use such Output for your business purposes. Where you generate artwork for display, the scope, duration, and conditions of that license are those stated in the Artwork License Agreement (§2 and Exhibit A), which controls over these Terms as to ownership of, and IP grants in, that artwork. You acknowledge that, under current U.S. law, purely AI-generated material may not be eligible for copyright or other protection, and Company does not warrant that you will obtain or own any intellectual-property rights in any Output; and that your license and use are always subject to the rights of any third party whose brand, mark, likeness, or work the Output depicts or resembles — possession of, or a license to, the file does not grant you rights in those third-party elements. Output incorporating your User Content remains subject to the rights in that User Content. 7.4 Company use of Output and data. Company may use de-identified and aggregated data, prompts, and usage information to operate, secure, and improve the Service, subject to the Privacy Policy. Company will not use the content of your private User Content to train foundation models except as disclosed in the Privacy Policy or with your consent; however, Third-Party Providers' handling is governed by their terms.
8. Specific Risk Acknowledgments and Allocations (READ CAREFULLY)
You acknowledge and agree that the following risks are borne by you, the Customer, and not by Company, and you assume them as a condition of using the Service: 8.1 Generative variability. Output may differ from your expectations or instructions and may add, omit, alter, or fabricate elements. 8.2 Output review and verification — your duty to inspect. AI editing, enhancement, restoration, virtual staging, "re-improvement," object removal, logo, vectorize, and similar tools may change, add, remove, distort, or fabricate details — including subtle changes you may not notice (for example, altering or removing a feature of a building, room, product, sign, or photograph; changing materials, colors, dimensions, or text; or producing a depiction that does not accurately reflect a real property, person, or item). You are solely responsible for carefully inspecting, reviewing, and verifying every Output before any download, publication, distribution, advertising, listing, or other use. Company is not responsible or liable for any error, alteration, inaccuracy, or omission in Output, whether or not detected by you, or for any consequence of your use of Output, including any claim that Output misrepresents a property, person, product, or fact. 8.3 Real-estate, advertising, and disclosure compliance. If you use the Service for real-estate or other advertising, you are solely responsible for compliance with all applicable laws, rules, and standards, including real-estate advertising and licensing rules, multiple-listing-service (MLS) rules, the Fair Housing Act and analogous laws, truth-in-advertising and unfair-or-deceptive-practices laws, and any requirement to disclose that images are virtually staged, enhanced, AI-generated, or otherwise modified. You will include such disclosures as required. Company does not provide legal, real-estate, appraisal, or advertising-compliance advice. 8.4 Intellectual-property risk. You assume all risk that Output or your use of it may infringe or be alleged to infringe a third party's copyright, trademark, trade dress, patent, or other intellectual-property right, and you are responsible for clearing all necessary rights before use. 8.5 Likeness, publicity, and privacy risk. You acknowledge that Output may incorporate, resemble, or be derived from the name, image, likeness, voice, or persona of a real person — including persons appearing in reference or "inspiration" images, in source material, or in model training data — with or without your knowledge. You assume all risk and responsibility for obtaining any necessary consents and releases and for any claim of violation of rights of publicity, likeness, privacy, defamation, or similar rights arising from your User Content or your use of Output. 8.6 Logos, trademarks, and watermark/logo removal. For logo creation, you are solely responsible for trademark clearance and for ensuring a generated mark does not infringe an existing mark. For logo, watermark, or mark removal (including any "logo stripper," object-removal, or restoration feature), you represent that you own or are authorized to remove the relevant mark or content, and you assume all risk that removal or alteration may infringe rights or violate law (including laws protecting copyright-management information and trademarks). You will not use the Service to remove or alter any mark, watermark, credit, or notice you are not authorized to remove. 8.7 AI analysis is informational only. Scores, recommendations, cost estimates, inspection or report outputs, design critiques, and similar AI assessments are informational only, may be inaccurate, and are not professional, legal, financial, appraisal, inspection, engineering, or design advice. Do not rely on them as such; obtain qualified professional advice. 8.8 Assumption of risk. You knowingly assume the foregoing risks. Company's role is limited to providing the tools; decisions about what to create, how to verify it, and whether and how to use Output are yours.
9. Acceptable Use; Prohibited Conduct
You will not, and will not permit any user to, use the Service to: (a) upload, generate, or distribute content that infringes or misappropriates any intellectual-property, publicity, or privacy right, or that you lack the rights to provide; (b) create, without all required consents, content depicting a real, identifiable person (including "deepfakes," face swaps, or synthetic likenesses), or any sexual, defamatory, or misleading depiction of a real person; (c) generate child sexual abuse material or any sexual content involving minors; non-consensual intimate imagery; or content that is unlawful, harassing, hateful, threatening, or that promotes violence or self-harm; (d) remove, obscure, or alter any watermark, credit, logo, signature, or rights-management information you are not authorized to remove, or use Output to facilitate fraud, forgery, counterfeiting, or impersonation; (e) create false, deceptive, or misleading advertising, or content that violates real-estate, fair-housing, advertising, or consumer-protection laws; (f) violate any applicable law, regulation, third-party agreement, or the usage policies of any Third-Party Provider; (g) reverse engineer, decompile, scrape, harvest, or attempt to access or derive the Service's source code, models, weights, or training data; circumvent rate limits, Credit metering, security, or access controls; or use the Service to build or train a competing product or model; (h) introduce malware, overload or disrupt the Service, or gain unauthorized access to any system or data; or (i) resell, sublicense, or provide the Service to third parties except as expressly permitted. Company may, without liability, remove content, throttle or suspend access, and report unlawful activity. Company may use automated and manual moderation, but is not obligated to monitor and does not guarantee detection of violations.
9A. Restrictions on Use; Protection of the Service
The following restrictions are in addition to, and do not limit, Section 9 (Acceptable Use; Prohibited Conduct) and the license limitations in Section 3. They apply to you and to every authorized user, and to any third party acting on your behalf or with your access. A breach of this Section 9A is a material breach of these Terms and an Excluded Claim under Section 20.5 for which Company may seek injunctive and equitable relief. 9A.1 No reverse engineering. Except to the extent this restriction is prohibited by applicable law (and then only to that extent), you will not, and will not permit or assist any person to, reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to discover, derive, reconstruct, or gain access to the source code, object code, underlying ideas, algorithms, models, model weights, embeddings, file formats, engineered prompts, pipelines, training data, or other trade secrets of or within the Service, or any part of it, whether by inspection of Output, observation of behavior, or otherwise. 9A.2 No automated access, scraping, or bulk extraction. You will not access, search, index, monitor, copy, or download the Service or any of its content, pages, data, prompts, models, or Output by any automated means — including any robot, bot, spider, crawler, scraper, script, headless browser, data-mining tool, or other automated process — except for (a) the documented Service APIs you are licensed to use, within their published rate limits and Documentation, and (b) good-faith public-search-engine indexing that honors the Service's robots and access controls. You will not perform any bulk, systematic, or high-volume retrieval, harvesting, or downloading of the Service or its content or Output, and you will not aggregate, republish, or build a database from them, except as the Service expressly permits. 9A.3 No competing or derivative use. You will not use the Service, the Output, or any prompts, parameters, settings, model behavior, designs, features, user-interface elements, workflows, techniques, or methods observed, derived, or learned through the Service, in order to design, develop, build, train, fine-tune, evaluate, market, or operate any product, model, dataset, or service that competes with or is substantially similar to the Service or any part of it. Without limiting the foregoing, you will not use the Service or any Output as training data, evaluation data, fine-tuning data, or distillation input for, or to otherwise improve, any artificial-intelligence or machine-learning model, system, or service of yours or any third party. 9A.4 No circumvention or probing of protections. You will not circumvent, disable, bypass, defeat, interfere with, or attempt to do any of the foregoing to, nor will you probe, scan, or test the vulnerability of, any authentication, security, digital-rights-management, watermarking, rate-limiting, quota, Credit-metering, paywall, access-control, usage-limit, geofencing, or other technical protection or restriction of the Service, or any mechanism that Company uses to enforce these Terms, without Company's prior written authorization. You will not access any account, content, data, or area of the Service that you are not authorized to access. 9A.5 No benchmarking or replication for a competitor. You will not access or use the Service, or permit any person to do so on your behalf, for the purpose of monitoring, benchmarking, performance- or feature-testing, or otherwise evaluating or comparing the Service in order to build, improve, market, or position a competing or substantially similar product or service, or to replicate, reproduce, or imitate the Service's functionality, models, or Output, in whole or in part. You will not disclose the results of any such evaluation to any competitor of Company. 9A.6 Reservation. Company reserves all rights not expressly granted. Nothing in these Terms grants you any right in or to the Service, the System, or Company's intellectual property except the limited license in Section 3, and all such rights and protections survive in accordance with Section 19.4.
9B. Enterprise and Outdoor Tools — Additional Terms
This Section 9B applies to the Enterprise and outdoor-advertising tools, including Branding and Brand Intake; Color Harmony; Typography Guru; Design Score, heatmaps, spelling review, design lifts, and reports; Distance Simulation; Layout Magic; Color Changer; Adjust & Filters; Object Remover and layer detection; Combine Images; Graphic Editor; Ride Sheets; Bulk Rename; Polls; Surveys; Photo Fix; Mock Up; Social Media posts and connected-page publishing; and Logo Swap, Batch Logo Swap, Logo removal, Logo Creator, tagline generation, vectorization, and refinement (collectively, "Enterprise Tools"). These additional terms do not limit Sections 6 through 9, 15 through 17, or the Artwork License Agreement. 9B.1 Brand, logo, type, and creative-development tools. Enterprise Tools can generate, retrieve, analyze, redraw, vectorize, refine, composite, replace, or remove logos, marks, slogans, fonts, brand assets, and design elements. You represent that you are authorized to direct every such use and that each instruction, source asset, website, and resulting use is lawful. Generated names, taglines, logos, palettes, type recommendations, brand documents, and vector traces may be inaccurate, non-unique, unregistrable, or confusingly similar to existing material, may use a font or asset subject to separate license terms, and are not trademark, copyright, clearance, accessibility, or brand-strategy advice. You must conduct appropriate clearance searches, obtain professional advice where appropriate, verify font and asset licenses, and secure all advertiser, brand-owner, and other approvals before use. A logo-removal, object-removal, or replacement tool may be used only to alter material you own or are expressly authorized to alter; it may not be used to remove rights-management information, attribution, safety information, or a disclosure that law or contract requires. 9B.2 Image editing, restoration, compositing, and mockups. Photo Fix, Layout Magic, Color Changer, Adjust & Filters, Object Remover, Combine Images, Graphic Editor, Logo Tools, and Mock Up may crop, recolor, sharpen, reconstruct, trace, erase, add, move, merge, or fabricate pixels and details, and may change text, logos, faces, property features, products, dimensions, colors, lighting, shadows, perspective, metadata, or other material. A mockup or photosimulation is a concept visualization, not a photograph of an installed display, proof of current conditions, or representation that an advertiser, property owner, media owner, or regulator approved the design. You will preserve originals, inspect Output at appropriate resolution, label modified or concept imagery when required, obtain all likeness, property, trademark, and other permissions, and not use Output as evidence or as an unverified record of a person, property, product, installation, or event. 9B.3 Automated design, spelling, color, attention, and legibility tools. Design Score, heatmaps, spelling review, design lifts, Color Harmony, Typography Guru, Distance Simulation, readability previews, and related reports are automated, probabilistic, simulated, or heuristic aids. Scores, attention maps, contrast results, font identifications, spelling flags, critiques, redesigns, and distance or drive-by previews may be incomplete, inaccurate, or inapplicable to actual viewers or conditions. They are not field measurements; accessibility certification; traffic-, human-factors-, engineering-, safety-, legal-, or regulatory analysis; proof of copy accuracy; or a guarantee of visibility, comprehension, recall, conversion, compliance, or performance. Actual results vary with display size and condition, speed, sight lines, weather, illumination, installation, audience, device, printing, and other factors. You must independently review the source and Output, use actual specifications and competent professionals where needed, and must not publish or produce material merely because an Enterprise Tool returned a passing score or no flag. 9B.4 Ride Sheets, panels, traffic, location, and inspection information. Ride Sheets and related panel and mockup functions may ingest photographs, spreadsheets, face or unit identifiers, dimensions, cross-streets, latitude/longitude, traffic counts, read direction, illumination, notes, and other inventory data; AI extraction may misread that data. You represent that you obtained and may use and disclose each photo and data field, and you are responsible for accuracy, currency, provenance, confidentiality, and any contractual restrictions. Output is a sales and workflow aid only—not a title report, survey, appraisal, engineering or structural inspection, safety inspection, traffic study, permit determination, availability commitment, lease record, or verification that a panel exists, is lawful, is unobstructed, or matches the stated dimensions or audience. You must verify material facts against authoritative records and field conditions and follow safe, lawful practices when photographing or inspecting a location; the Service does not direct or authorize trespass, unsafe driving, distracted driving, surveillance, or unlawful collection of precise location data. 9B.5 External participants and link security. Brand Intake, Polls, and Surveys permit people who do not have Company accounts ("External Participants") to access tokenized links, upload files, submit brand and contact information, vote, comment, answer questions, or unsubscribe. As between you and Company, you initiate and control those workflows and are responsible for your relationship with every External Participant. You will invite only intended, authorized recipients; provide all notices, terms, contest rules, consents, and privacy disclosures required at or before collection; identify yourself accurately; explain the purpose and material consequences of the collection; and honor access, correction, deletion, objection, withdrawal, and suppression requests applicable to you. You represent that you have a lawful basis to collect, upload, use, disclose, and instruct Company to process all participant and third-party data, including names, email addresses, responses, comments, votes, uploads, and information obtained from a website-autofill feature. You will not use these workflows to collect passwords, payment-card data, government identifiers, health information, information about children, biometric identifiers, or other sensitive or regulated data unless the feature expressly supports that category and you have all legally required agreements, notices, safeguards, and consents. Tokenized links are bearer links: anyone who obtains or receives a forwarded link may be able to use it. You are responsible for recipient accuracy, secure distribution, prompt revocation or closure when access should end, and not including confidential material beyond what the intended workflow requires. Company does not authenticate an External Participant's legal identity, authority, age, eligibility, or relationship to you and does not guarantee that a response, vote, upload, or unsubscribe request was made by the person named. 9B.6 Poll and survey results; promotions and consequential decisions. Poll and survey results may be incomplete, duplicated, manipulated, biased, non-representative, or affected by forwarding, nonresponse, question wording, audience selection, technical limits, or manual winner selection. Results, comments, AI revision briefs, revision plans, and exported reports are informational only and are not scientific research, market-research validation, a statistically valid sample, or professional advice. You are responsible for moderating and lawfully using submissions and for retaining any records your business requires. You will not rely on a poll, survey, score, or other Enterprise Tool as the sole basis for a decision that determines a person's employment, housing, credit, insurance, education, health care, legal rights, or access to an essential service. If you attach a prize, discount, entry, incentive, endorsement campaign, contest, or sweepstakes to participation or social activity, you are solely responsible for official rules, eligibility, registration or bonding, tax, platform, disclosure, and other legal requirements; a manual or vote-based winner feature does not make a promotion lawful. 9B.7 Email invitations, reminders, and outcome notices. When an Enterprise Tool sends an intake, poll, survey, reminder, result, or other email to an address you supply, you authorize Company to send it on your behalf and represent that the address and message are accurate, the recipient reasonably expects or has lawfully consented to the communication, and the recipient has not opted out where the law recognizes an opt-out. You are the sender or initiator to the extent applicable and are responsible for CAN-SPAM, CASL, privacy, direct-marketing, and similar laws, including truthful routing and subject information, any required identification and physical address, a clear opt-out for commercial messages, and timely suppression. You must maintain your own legally sufficient do-not-contact records; deleting a person or workflow from the Service does not eliminate your independent suppression duties. You will not use the Service for unsolicited bulk messaging, purchased or scraped lists, harassment, or deceptive outreach. Company may throttle or suspend sending to protect recipients and shared infrastructure, and does not guarantee delivery, inbox placement, opening, response, or conversion. 9B.8 Social-media content and publishing. Social tools may generate platform-sized images and suggested captions and, where a connected integration is available, preview or publish to a page you select. You are responsible for reviewing and expressly approving each asset, caption, destination, audience, and publication; safeguarding and lawfully connecting accounts; and complying with each platform's current terms, policies, permissions, promotion rules, and technical limits. You are solely responsible for the truth and substantiation of advertising claims; clear and conspicuous disclosure of sponsorships, endorsements, material connections, AI modification, and other facts where required; rights to music, images, logos, people, testimonials, and other content; regulated-product and political-ad rules; and obtaining advertiser and page-owner approval. AI-suggested captions, hashtags, page selections, links, calls to action, or board facts may be wrong or incomplete. Company does not guarantee publication, continued availability, reach, engagement, lead generation, or that a platform will accept or preserve content, and is not responsible for platform enforcement or account restrictions caused by your content or conduct. 9B.9 Bulk rename, archives, editable files, and conversions. Bulk Rename, ZIP downloads, vectorization, editable documents, PSD import/export, filters, and other file operations may misidentify content, assign an incorrect or revealing filename, omit or flatten layers, substitute or omit fonts, change color profiles, dimensions, transparency, compression, metadata, or file compatibility, or create an incomplete or corrupt archive. Suggested filenames and detected elements are not verified facts. You will review names and files before sharing, overwrite, production, or publication; keep independent backups and source files; scan downloads and uploads using appropriate security tools; avoid putting confidential or personal data in filenames; and confirm that the receiving software, printer, or recipient can safely and correctly use the Output. The Service is not an archival, records-management, chain-of-custody, or disaster-recovery system. 9B.10 Data-protection allocation. For personal data that you or an External Participant provide on your behalf—including contact information, participant responses, comments, photographs, likenesses, signatures, and precise location data—you are the controller or business and Company acts as your processor or service provider, except as the Privacy Policy states otherwise. You will comply with applicable data-protection law, issue lawful and documented instructions, limit collection to what is necessary, configure access appropriately, and execute Company's Data Processing Addendum where required. You will not instruct Company to process data in violation of law. Company may reject, suspend, delete, or disclose content or activity where reasonably necessary to protect the Service, comply with law, or enforce these Terms. 9B.11 Your approvals control. Labels such as "approved," "winner," "final," "brand-safe," "print-ready," "compliant," "high scoring," or similar workflow states record a user selection or automated result only. They are not a Company warranty, professional approval, legal conclusion, or verification of any third party's authority. You are responsible for maintaining evidence of advertiser, client, property-owner, model, participant, and other approvals and for completing all independent review before use, display, printing, publication, or distribution.
10. Third-Party Providers and Dependencies
10.1 Dependence. The Service depends on Third-Party Providers (including AI model providers, cloud hosting/storage, email, and payment processors). Your use of the Service through these providers is also subject to their terms and usage policies, and you agree to comply with them. 10.2 Changes outside Company's control. Third-Party Providers may modify, deprecate, restrict, re-price, degrade, or discontinue their models, APIs, or services, change outputs or quality, impose new usage rules, or experience outages — at any time and without notice to Company. Company is not responsible or liable for any resulting change, interruption, loss of feature, change in Output, or other impact on the Service, and any such event does not constitute a breach by Company. 10.3 No endorsement. References to Third-Party Providers do not imply endorsement. Company is not responsible for third-party acts, omissions, content, or terms.
10A. Print Production; Physical Printing; Printer Partners
10A.1 File preparation and coordination only. Certain features of the Service (including "Print Production," "Send to printer," print packages, print preflight, upscaling, and the printer portal) prepare digital files and help you transmit them to, and track jobs with, a printing vendor ("Printer Partner"). Company is a software provider only. Company is not a printer, manufacturer, fabricator, installer, shipper, or seller of physical goods, and does not produce, inspect, ship, install, or deliver any physical item. No feature name (including "print-ready," "press-ready," or "proof") is a representation that any physical output will meet any standard. 10A.2 Printer Partners are independent third parties. Printer Partners are vendors selected, engaged, and paid by you (or by your organization), are not agents, subcontractors, employees, or partners of Company, and are not Third-Party Providers under Section 10 except as to any software integration. Your print job is a contract solely between you and the Printer Partner. Company is not a party to that contract, receives no portion of printing fees unless expressly stated at the time of purchase, and has no responsibility for the Printer Partner's pricing, workmanship, materials, scheduling, shipping, installation, or performance. 10A.3 Proofs and approval — the Printer Partner and you are responsible. Industry practice, and the Service's print workflow, provide for the Printer Partner to prepare proofs and to review and confirm them with you (and, where applicable, with your client or advertiser) BEFORE production. As between you and Company: (a) you and the Printer Partner are solely responsible for reviewing and approving proofs, specifications, dimensions, copy, spelling, contact information, color, and layout before printing; (b) approval of a proof (or instructing a Printer Partner to proceed without a proof) constitutes final acceptance of the files and specifications as proofed, and Company has no liability for any characteristic of the physical output that was visible or determinable in the approved proof or submitted files; and (c) the Printer Partner, as the party performing the pre-production check and the printing, is responsible for defects, errors, and deviations in the physical output. Any claim relating to physical output must be pursued against the Printer Partner, not Company. 10A.4 No warranty on physical output or conversions. Without limiting Section 15, Company does not warrant and is not responsible for: (a) color accuracy or color matching — on-screen previews and soft proofs are approximations, and conversion between color spaces (including RGB to CMYK) and differences in inks, substrates, lighting, and equipment can shift color; (b) the appearance of any artwork at enlarged physical scale, including artwork processed with AI upscaling or other enhancement, which is a computational estimate and may introduce or fail to recover detail; (c) dimensions, bleed, pockets, hems, welds, materials, durability, weathering, or installation fit; (d) preflight checks, which are automated numerical aids and not a guarantee of print quality or suitability; or (e) delays, loss, or damage in production, shipment, or installation. 10A.5 Costs and remedies. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL HAVE NO LIABILITY FOR THE COST OF PRINTING, REPRINTING, MATERIALS, SUBSTRATES, SHIPPING, REMOVAL, REINSTALLATION, LABOR, LOST ADVERTISING TIME, OR MAKE-GOODS, OR FOR ANY OTHER LOSS ARISING FROM A PHYSICAL PRINT JOB. YOUR SOLE REMEDIES FOR DEFECTIVE OR NON-CONFORMING PHYSICAL OUTPUT LIE AGAINST THE PRINTER PARTNER. If Company charged Credits or fees for preparing a print package and the package fails to generate due to a Service error, your exclusive remedy is re-preparation of the package or a refund of those Credits or fees. 10A.6 Your obligations. You are responsible for confirming that your Printer Partner is qualified, licensed, and insured as appropriate; for providing the Printer Partner accurate specifications; for complying with all laws applicable to the physical display (permits, zoning, safety, and advertising regulations); and for your clients' and advertisers' approvals. You will ensure any person you give portal access to is authorized to act on the job. 10A.7 Survival; relation to other sections. This Section 10A is an agreed allocation of risk under Section 16.4, survives termination, and controls over any contrary description of print features elsewhere in the Service or its marketing materials.
11. Service Availability; Modifications; Beta
11.1 "As available." The Service is provided on an "as is" and "as available" basis. Company does not warrant that the Service will be uninterrupted, timely, secure, error-free, or that any render, job, or feature will succeed or complete. 11.2 No uptime commitment. Unless a separate written service-level agreement (SLA) is executed for your plan, Company makes no uptime or availability commitment. Company may perform maintenance, updates, and changes, including with limited or no notice. 11.3 Outages and data. Company is not liable for downtime, failed or delayed renders or jobs, or for loss, corruption, or deletion of User Content or Output. You are responsible for maintaining your own backups of any content you wish to retain. Company may set storage limits and may delete content following account closure or inactivity as described in the Privacy Policy or Documentation. 11.4 Modifications and discontinuation. Company may modify, suspend, or discontinue all or part of the Service at any time. Company may impose or change quotas, rate limits, and Credit costs. 11.5 Beta Features. Beta Features are provided for evaluation, "as is," may be changed or withdrawn at any time, may be unstable, and are excluded from any warranty, indemnity, or SLA.
12. Billing Disputes and Chargebacks
If you believe you were billed in error, contact support@thecognitivemuse.com within 30 days. You agree to work with Company to resolve billing issues before initiating a chargeback. Unwarranted chargebacks may result in suspension and additional fees; Company reserves all rights to recover amounts owed.
13. Company Intellectual Property; Feedback
13.1 Company IP. The Service, including all software, models, interfaces, designs, text, and Company trademarks, is owned by Company or its licensors and protected by law. Except for the limited license in Section 3, no rights are granted to you. 13.2 Feedback. If you provide suggestions or feedback, you grant Company a perpetual, irrevocable, worldwide, royalty-free license to use and exploit it without restriction or compensation.
14. Confidentiality
Each party may access the other's non-public information. The receiving party will use it only to perform under these Terms and will protect it with reasonable care. This does not apply to information that is public, independently developed, or rightfully obtained without confidentiality obligations, or to disclosures required by law.
15. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, ALL OUTPUT, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY AND ITS LICENSORS AND THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, ORIGINALITY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUTPUT WILL BE ACCURATE, RELIABLE, ORIGINAL, NON-INFRINGING, OR FIT FOR ANY PURPOSE. NO ADVICE OR INFORMATION OBTAINED FROM THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO SOME MAY NOT APPLY TO YOU.
16. Limitation of Liability
16.1 Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR THIRD-PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, DATA, CONTENT, OR OUTPUT, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 16.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU ACTUALLY PAID TO COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). 16.3 AI/output-specific. Without limiting the foregoing, Company will have no liability for any claim arising from (a) the originality, accuracy, or infringement status of Output; (b) any alteration, error, or omission in Output, detected or not; (c) any likeness, publicity, privacy, or defamation claim; (d) your advertising, listing, staging, or disclosure practices; (e) any act, omission, change, or outage of a Third-Party Provider; or (f) any physical print job, printed or fabricated item, Printer Partner act or omission, or other matter described in Section 10A. 16.4 Essential basis; allocation of risk. These limitations apply even if a remedy fails of its essential purpose, reflect an agreed allocation of risk, and form an essential basis of the bargain. Some jurisdictions do not allow certain limitations, so some may not apply to you.
17. Indemnification
You will defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, agents, licensors, and Third-Party Providers (the "Indemnified Parties") from and against any and all third-party claims, demands, suits, proceedings, and all resulting losses, damages, liabilities, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your use of the Service or any Output, and any publication, distribution, advertising, listing, or staging using Output; (c) your breach of these Terms or your representations in Section 6; (d) your violation of any law or third-party right, including intellectual-property, publicity, privacy, advertising, real-estate, fair-housing, or consumer-protection rights or laws; (e) any claim that your User Content or use of Output infringes, misappropriates, misrepresents, or violates the rights of any person or entity; (f) any physical print job, including any claim by or against a Printer Partner, any claim by your client or advertiser concerning printed or installed output, and any claim arising from proofs, approvals, specifications, installation, or display (Section 10A); or (g) your authorized users' acts or omissions. Company may, at its option, assume the exclusive defense and control of any matter subject to indemnification, and you will cooperate. You will not settle any matter that imposes any obligation or admission on an Indemnified Party without its prior written consent.
18. Copyright Complaints (DMCA)
Company respects intellectual-property rights and will respond to notices of alleged infringement under the Digital Millennium Copyright Act. Designated Copyright Agent: Tony L, Designated Copyright Agent The Cognitive Muse, Inc. 2110 Ranch Rd 620 S, Box 341432, Austin, TX 78734 support@thecognitivemuse.com A valid notice must include the elements required by 17 U.S.C. §512(c)(3). Company may remove or disable content and will, in appropriate circumstances, terminate accounts of repeat infringers. A counter-notification process is available to affected users as provided by 17 U.S.C. §512(g).
19. Term; Suspension; Termination
19.1 Term. These Terms apply while you access or use the Service and for any period a paid plan is active. 19.2 Suspension. Company may suspend or limit access immediately if it believes you have violated these Terms, pose a security or legal risk, fail to pay, or to comply with law or a Third-Party Provider requirement. 19.3 Termination. Either party may terminate for convenience by ceasing use / closing the account (you) or with notice (Company). Company may terminate or refuse service at any time. No refunds are owed on termination except as required by law. 19.4 Effect. On termination, your license ends and you must stop using the Service. Company may delete your account and content after termination, subject to the Privacy Policy and law. Sections that by their nature should survive (including 5–8, 13, 15–21, 23, 25) survive termination.
20. Binding Arbitration; Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION AND WAIVES CLASS ACTIONS AND JURY TRIALS. 20.1 Agreement to arbitrate. Except for the Excluded Claims in Section 20.5, you and Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved exclusively by final and binding individual arbitration, and not in court, administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (and, where applicable, Consumer Rules), as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Section. 20.2 Informal resolution first. Before initiating arbitration, the parties will attempt to resolve the Dispute informally for at least sixty (60) days after written notice describing the Dispute is sent to support@thecognitivemuse.com (or to you at your account email). 20.3 Arbitration procedure. The seat and location of arbitration will be Travis County, Texas, and the arbitration may proceed by video or document submission where permitted. One neutral arbitrator will decide the Dispute. The arbitrator may award the same individual relief a court could; the arbitrator's award is final and binding and may be entered in any court of competent jurisdiction. Each party bears its own fees except as the rules or applicable law require. 20.4 Class-action and jury waiver. You and Company agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. You and Company waive any right to a jury trial. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and proceed in court under Section 21. 20.5 Excluded claims. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect intellectual-property or confidentiality rights or to address unauthorized access or use ("Excluded Claims"). 20.6 30-day opt-out. You may opt out of this Section 20 by sending written notice to support@thecognitivemuse.com within thirty (30) days of first accepting these Terms, stating your name, account, and intent to opt out. Opting out does not affect any other provision. 20.7 Survival. This Section survives termination of these Terms and of your relationship with Company.
21. Governing Law; Venue
These Terms and any Dispute are governed by the laws of the State of Texas, without regard to conflict-of-laws rules, and, where applicable, the Federal Arbitration Act. For any Excluded Claim or any matter not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas, and waive any objection to such venue. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
22. Export Controls and Sanctions
You represent that you are not located in, and will not use the Service in or for the benefit of, any country or party subject to U.S. embargoes or sanctions, and that you will comply with all applicable export-control and sanctions laws.
23. Force Majeure
Company is not liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, cyberattacks, or the acts, omissions, changes, outages, or discontinuation of any Third-Party Provider.
24. Changes to These Terms
Company may update these Terms from time to time. If changes are material, Company will provide reasonable notice (e.g., by posting the updated Terms with a new "Last updated" date and/or in-product or email notice). Changes are effective when posted unless stated otherwise. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree, stop using the Service.
25. General
25.1 Entire agreement. These Terms, the Privacy Policy, and any order or plan terms are the entire agreement between the parties on this subject and supersede all prior agreements. Any conflicting terms in your purchase order or documents are rejected unless separately signed by Company. 25.2 Assignment. You may not assign these Terms without Company's prior written consent. Company may assign freely, including in connection with a merger, acquisition, or sale of assets. 25.3 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the rest remains in effect. 25.4 No waiver. Failure to enforce any provision is not a waiver. 25.5 No third-party beneficiaries. Except for the Indemnified Parties and Third-Party Providers (who are intended beneficiaries of the relevant protections), these Terms create no third-party rights. 25.6 Relationship. The parties are independent contractors; these Terms create no partnership, agency, or employment relationship. 25.7 Notices. Company may provide notices via the Service or to your account email. You will send legal notices to support@thecognitivemuse.com and 2110 Ranch Rd 620 S, Box 341432, Austin, TX 78734. 25.8 Electronic records. You consent to transact electronically and to receive communications, agreements, and notices electronically, which satisfy any legal requirement that they be in writing. 25.9 Headings. Headings are for convenience only.
26. Contact
The Cognitive Muse, Inc. 2110 Ranch Rd 620 S, Box 341432, Austin, TX 78734 General: support@thecognitivemuse.com · Legal/Notices: support@thecognitivemuse.com · DMCA: support@thecognitivemuse.com By accessing or using the Service, and by scrolling to the end and selecting "I have read and agree," you acknowledge that you have read, understood, and agree to be bound by these Terms.
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