Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the website, products, and services provided by COGNITIV PTE. LTD. ("Cognitiv", "we", "us", or "our"). By accessing or using our website and services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our services.

2. Services Provided

Cognitiv provides IT solutions, hardware maintenance, web and mobile application development, digital marketing, and related consultancy services (collectively, the "Services"). The specific details, deliverables, timelines, and fees for any Services will be outlined in a separate Statement of Work (SOW), proposal, or service agreement mutually agreed upon by both parties.

3. User Obligations

By using our Services, you represent, warrant, and agree that:

• You have the legal capacity and authority to enter into these Terms.
• You will provide accurate, current, and complete information as necessary for us to provide the Services.
• You will not use our Services for any illegal, unauthorized, or fraudulent purposes.
• You will not interfere with or disrupt the integrity or performance of our website or Services.
• You are responsible for obtaining and maintaining all equipment, software, and internet connectivity necessary to access and use our Services.

4. Intellectual Property Rights

Unless otherwise explicitly agreed in writing, all intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and patents, in and to the materials, software, designs, and content created or provided by Cognitiv in the course of delivering the Services shall remain the exclusive property of Cognitiv.

Upon full payment of all applicable fees, Cognitiv grants you a non-exclusive, non-transferable, worldwide license to use the deliverables solely for your internal business purposes, subject to the terms of the specific service agreement.

5. Payment Terms

Fees for our Services will be set forth in the applicable proposal, invoice, or service agreement. Unless otherwise specified, all payments are due within thirty (30) days from the date of invoice. Late payments may accrue interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. All fees are exclusive of applicable taxes, which shall be borne by the client.

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Cognitiv, its directors, employees, partners, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services;
• Any conduct or content of any third party on the Services;
• Any content obtained from the Services; and
• Unauthorized access, use, or alteration of your transmissions or content.

In no event shall our total liability to you for all claims arising out of or relating to these Terms or your use of the Services exceed the total amount paid by you to Cognitiv in the six (6) months preceding the event giving rise to the liability.

7. Indemnification

You agree to defend, indemnify, and hold harmless Cognitiv and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

8. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of Singapore.

9. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

10. Contact Information

If you have any questions about these Terms, please contact us at: