User Policy

Welcome to Cogna, a single solution for all stakeholders of the learning ecosystem helping teachers and students to achieve better learning outcomes. Cogna is developed and managed by Insightus Technologies Pvt Ltd. By using Cogna, you accept and agree to be bound by the following terms and conditions. Nothing contained in these Terms of Service (ToS) should be construed to confer any rights to a third party beneficiary.

Changes to Cogna's terms and conditions

Insightus Technologies Pvt. Ltd. reserves its right to modify or terminate the Cogna product Or service for any reason, without prior notice, without liability to the user or any other members or third party or schools. Insightus Technologies Pvt. Ltd. also reserves the right to modify the ToS from time to time without notice. The user agrees to regularly review the ToS to keep himself apprised of any such changes.

Eligibility, Registration And Access

The decision to grant access to the services of Cogna is the prerogative of the Insightus Technologies Pvt. Ltd. and its decision in this respect shall be final and binding on the proposed user. The user consents that Insightus Technologies Pvt. Ltd. reserves its right to take all necessary measures to deny access to its services or the termination of services, if the terms and conditions of the present agreement are not complied with or are contravened or there is any violation of copyright, trademark or other valuable proprietary right as described in this agreement. In order to use the service, the user must obtain access to the World Wide Web (Internet), and pay for the service fees associated with such Internet access. In addition, the user must have all equipment necessary to make such connection to the World Wide Web (Internet), including a smart phone or tablet or computer or modem or other access devices; that do not form a part of the Cogna's service.

Terms of service

• The use of the web site cogna.in and Cogna's learning app and school solution (web application), or any of its services or features and user to user interface provided by the site and/or Cogna solution, the information and material contained therein implies and constitutes the user's consent to this agreement, the user unequivocally agrees to abide by these terms and conditions.
• The user and other partners / associates agrees that Insightus Technologies Pvt. Ltd. has opinions regarding the subject matter contained on this web site as well as in Cogna's school solution and learning app and these opinions regarding subject matters contained on the www.cogna.in, Cogna's learning app and school solution may be different from those prevalent at that point of time. The user is aware and agrees that these opinions are subject to change from time to time without prior intimation to the user.
• The answers, information, material and content have been posted or used in Cogna learning app, school solution and www.cogna.in by exercising due diligence and care and are correct and true to the best of the knowledge and intent of the Insitghtus Technologies Pvt. Ltd.. However the user agrees to independently verify the authenticity and veracity of the answers, information, material and content used in Cogna learning app, school solution and www.cogna.in. The Insightus Technologies Pvt. Ltd. does not hold any responsibility as to the authenticity and veracity of the answers, information, material and content used in Cogna learning app, school solution and www.cogna.in. The user agrees to indemnify the Cogna's learning app, school solution and www.cogna.in against all actions brought out in this regard. The answers, information, material and content on the Cogna learning app, school solution and www.cogna.in should not be construed as an advice to the user. Any action taken by the user on the basis of the information contained on the Cogna learning app, school solution and www.cogna.in is the responsibility of the user alone and Insightus Technologies Pvt. Ltd. will not be liable in any manner for the consequences of such action taken by the user.
• The user agrees and understands that the information available on the Cogna learning app, school solution and www.cogna.in is not meant for supplementing the knowledge of the user for competitive exams and promises to hold free the Cogna learning app, school solution and www.cogna.in of all liabilities that may arise from the direct or indirect use of the information available on the Cogna learning app, school solution and www.cogna.in.
• The user understands that questions / video lessons used in Cogna learning app, school solution and www.cogna.in have been prepared by Insightus Technologies based on the limited resources available at its disposal and human errors may inadvertently creep in despite the Insightus Technologies's best efforts. The user agrees not to hold the Insightus Technologies or its product Cogna responsible for such errors or omissions. The Insightus Technologies Pvt. Ltd. or Cogna does not provide any time limit or provides any express or implied time warranty of any kind, regarding any matter pertaining to Cogna learning app, school solution and www.cogna.in. The Cogna product for its services rendered does not provide any implied warranties of merchantability, fitness for a particular purpose. Insightus Technologies Pvt. Ltd. shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained at this site.
• The user is aware and understands that Cogna and Insightus Technologies does not provide any judgment or warranty regarding the authenticity or correctness of the content of other services or sites that the screen links refer to. The user is aware and understands that a link to another service or site is not an endorsement of the service or site and Cogna and Insightus Technologies shall not be responsible in any manner whatsoever for the consequences of any act or omission on the part of the user on the basis of the information contained in such other services or sites.
• Insightus Technologies Pvt. Ltd. reserves its right to monitor the use of all or any part of its service without any prior intimation or any obligation to the user or any business associate or any school partner.
• The user agrees that he shall not alter the information, content or material or use of such information, content or material contained on the Cogna for any purpose that constitutes a violation of the copyright of Insightus Technologies Pvt. Ltd. or of a third-party information provider. The user agrees not to copy, reproduce, republish, upload, post, transmit or distribute the material in any way for any use without obtaining the prior written consent from Insightus Technologies Pvt. Ltd..
• If the user does not agree to any of the terms mentioned in this agreement, then the user should not subscribe to Cogna product or services.

Access Security And Password

The user might receive a password and account details upon completing the service's registration process. The user undertakes to maintain the confidentiality of the password and account, and shall be held solely responsible for all acts and omissions that occur under his password or account. Cogna or Insightus Technologies cannot and will not be liable for any loss or damage arising from the user's failure to comply with the terms and conditions of this agreement. The user should always remember to LOG OFF COMPLETELY from Cogna, if he is accessing it from a public place and also change his password often, and be sure to change it to something inconspicuous.

User Conduct And Prohibited Acts

The Cogna product or service is made available for personal, non-commercial use only. Broadcasting the same through any means, including but not limited to through the internet, television, handheld devices and other devices, is not permitted and will be considered as a breach of Intellectual Property Rights of the Company. The Company reserves the right to terminate the subscription without any prior notice and also to initiate any legal proceedings in case of such breach. Businesses, organizations or other legal entities are strictly debarred from using the Cogna product or services for any purpose.

Other examples of illegal or unauthorized uses include, but are not limited to:

• Modifying, adapting, translating, or reverse engineering any portion of the Cogna product or service;
• Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Cogna product or service;
• Collecting any information about other users (including usernames and/or email addresses) for unauthorized purposes;
• Reformatting or framing any portion of the web pages that are part of the Cogna product or service; creating user accounts by automated means or under false or fraudulent pretences;
• Creating or transmitting unwanted electronic communications such as "spam," or chain letters to other user or otherwise interfering with other user's enjoyment of the service;
• Submitting information or material of any third party without such third party's prior written consent;
• Directing any user (for example, by linking) to any information or material of any third party without such third party's prior written consent or the users consent;
• Submitting information or material that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
• Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
• Submitting information or material that are unlawful or promote or encourage illegal activity; or submitting false or misleading information.
• Harm minors, children and women in any way or "stalk" or otherwise harass others
• Submitting information that is obscene, voyeuristic or contains pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or cause to be displayed or transmitted or circulated through the Cogna platform in any electronic form, any material which is lascivious or appeal to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to the fact that the Cogna platform is meant for educational and academic pursuit by students who are yet to reach an age capable of discerning the propriety of the material contained or embodied in such transmission.
• Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or a threat to the nation's communal harmony, peace and security.
• Upload, post, email or otherwise transmit any Content that the user doesn't have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
• Intentionally or unintentionally violate any applicable local, state, national or international law
• Any other conduct, act or behavior that is illegal or unlawful.

User Content

Certain elements of the Cogna learning app and school solution and www.Cogna.in will contain material submitted by users. Insightus Technologies Pvt. Ltd. accepts no responsibility for the material and contents, accuracy, conformity to applicable laws of such material.

Proprietary Rights

User acknowledges that all Intellectual Property Rights including but not limited to Copyright, Patent, Trademarks, trade secrets in the products, modules, contents and programs shall continue to vest with the Insightus Technologies Pvt. Ltd. at all times. The student/parent/school shall not have the right to claim any rights over the Intellectual Property in the programs by virtue of them purchasing such programs. Further, under no circumstances, shall the student/parent/school acquire the right to make copies. The user acknowledges that in the event of breach or threatened breach of this Clause, monetary damages may not be an adequate remedy, therefore, the Company in addition to other rights and remedies shall be entitled to injunctive relief to restrain the student/parent/school from any such breach, threatened or actual. Except as expressly authorized by Insightus Technologies Pvt. Ltd. user or school agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Cogna service / platform, in whole or in part.

Disclaimer

User expressly understands and agrees that:

• Use of the service is at the user's sole risk. The service is provided on an "as is" and "as available" basis. Insightus Technologies Pvt. Ltd. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• Insightus Technologies Pvt. Ltd. makes no warranty that (i) the service will meet the user’s requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the user through the service will meet user's expectations, and (v) any errors in the software will be corrected.
• Any material downloaded or otherwise obtained through the use of the service is done at the user's own discretion and risk and that user will be solely responsible for any damage to the user's computer system or loss of data that results from the download of any such material.
• No advice or information, whether oral or written, obtained by the user from Insightus Technologies Pvt. Ltd. or through or from the service shall create any warranty not expressly stated in the Tos.

Limitation Of Liability

Under no circumstances will Insightus Technologies Pvt. Ltd. be liable to the user for any indirect, incidental, consequential, special or exemplary damage arising out of or in connection with use of the Cogna platform / product / service, whether or not Insightus Technologies Pvt. Ltd. has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the Cogna product / service, from inability to use the Cogna platform / service, or from the interruption, suspension, or termination of the Cogna platform / service (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Under no circumstances shall Insightus Technologies Pvt. Ltd. be liable to the user for any amount exceeding one hundred rupees.

Indemnity

The user agrees to indemnify and hold Insightus Technologies Pvt. Ltd., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content the user submits, posts or transmits through the service, the user's use of the Service, the user's connection to the Service, the user's violation of the ToS, or the user's violation of any rights of another.

No Resale Of Service

The user agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Modifications To Service

Insightus Technologies Pvt. Ltd. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. The user agrees that Insightus Technologies Pvt. Ltd. shall not be liable to the user or school or to any third party for any modification, suspension or discontinuance of the Cogna product / platform / service.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject.

Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of India and any dispute arising out of the use of the site shall be subject to the exclusive jurisdiction of courts at New Delhi, India. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The user shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent, any such purported assignment or delegation will be null and void and of no force or effect.

Refund and Cancellation Policy

No refund or cancellation is permitted once the user has completed a transaction at student.cogna.in or through bulk user subscriptions by the school management or any other sales partner for any subscription package.

• Your Subscribed package will continue until terminated. Unless you cancel your subscription before your payment, you authorize us to charge the package amount for the next billing cycle to your Payment Method.
• You will get 7 days free trial from the day of signup. You can access the content thoroughly.
• You can cancel your subscription at any time, and you will continue to have access to the package through the end of your payment date.
• Once you cancel your subscription, package amount will not be refunded.

At Cogna, the subscription plan expires as per the validity suggested at the time they are purchased.

The subscription price will be made clear to you on our sign up pages or otherwise during the sign up process and may vary from time to time. You agree to pay at the rates notified to you at the time of your sign up. Sign up to premium content on our app is generally for a year. We may however choose to offer quarterly or half-yearly payment options.