Changes to the agreement

Cognitive Engine may change this Agreement periodically, so please review it on occasion before using the apps. We will make the most recent version of the Agreement available on the Website along with the most recent date when it was modified.

By using the apps after we modify the Agreement, you accept the new version of the Agreement. If you do not agree to the changes, please do not continue to use the apps and/or please feel free to delete your account.

Privacy policy

Information you provide us

When you register for a Cognitive Engine account, we may collect some personal information, such as your learning goals, your location, your date of birth, your school or company name, your personal bio, and/or your degree concentration. This information is optional and is only used to help personalize the product experience and our communications with you. The only required information is your email address and, in some cases, your credit card information.

If you provide information on your address or location, we may similarly retain this information throughout your time as a registered user.

Finally, if you create educational content in Cognitive Engine, this information is permanently stored on our servers. See "Data Retention" for information about removing educational content from our servers.

Information we collect automatically when you use the product

Each time you log into and/or use our product, we automatically collect information about your activity, which we use to continually customize our product, analyze technology performance, and refine our private communications with you. This information may include the following:

• Log Information: We collect log information about your use of the Platform, including the type of browser that you use; the time, duration and frequency of your access; Platform pages viewed; your IP address; and the page you visited before visiting our Platform.
• Device Information: We collect information about the computer or mobile device that you use to access our Platform, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
• Location Information: We may collect information about the location of your device each time you use our Platform based on your consent to the collection of this information.
• Learning Activity: As a core part of our product offering, we store information about your study frequency and your progress toward learning various subjects. If you share content you have created with other users, we may collect information about their learning activity as well.

Information we may collect from third parties

We may collect information about you from other sources, such as through certain features on the Platform you elect to use, but only where these third parties either have your consent or are otherwise legally permitted or required to disclose your information to us. Examples include:

• Social Media Services: If you register or log into your Cognitive Engine account through a third-party social media service, we will have access to some of your third-party account information from that service, such as your name and other information in that account, and used for purposes such as improving your Cognitive Engine experience. We may also have access to third-party account information if you use Cognitive Engine to share a link.
• Invitations: If another member sends you an invitation through our Platform, we may receive certain personal information, such as your name, email address, or phone number. If you are an invited guest, we will automatically send you an invitation to our Platform, and, if unanswered, a one-time follow-up invitation. Cognitive Engine stores this contact information only to send these invitations and evaluate their success. You may unsubscribe from future invitations using the instructions in those messages.
• Member Content: We may receive information about you when you or another member uploads photos or posts other content to the Platform.
• Information From Other Third-Party Sources: In order to provide you with more tailored recommendations, we may obtain information about you from publicly and commercially available sources and other third parties as permitted by law. For more information about the data that we obtain from these providers, please contact us.

Our use of your information

We may use your information to analyze the performance of our product and to personalize your experience. These activities may include:

• Monitor trends and analytics about your usage, to help our product team refine the experience for all users
• Display relevant information to you, such as the subjects you are studying and your progress toward various mastery goals
• Suggest educational content that you may be interested in
• Detect potential fraud or abuse
• Perform administrative, legal, or accounting work
• Communicate with you about topics that we feel may be of interest
• Display advertisements or other product offerings based on your interests

Sharing of your information

While we take your information privacy very seriously, some of the less sensitive data you provide us is public by default. This may include

• The educational content that you create: Flashcards and other materials created in Cognitive Engine may be discovered by other users on the Cognitive Engine marketplace. You may opt to make your content private and inaccessible to others, though this feature may entail a fee.
• Your study progress: Your study achievements may be highlighted on public Leaderboards. No personal, non-publicly available information about you is revealed on these Leaderboards.
• Your user profile: If you choose to provide optional information such as school name, company name, or area of study, this information may be available on your user profile. Your user profile may also include the names of the non-private classes that you are studying.In addition, we may use service providers in connection with operating and improving the Platform to assist with certain functions, such as payment processing, email transmission, conducting surveys or contests, data hosting, managing our ads, and some aspects of our technical and customer support. We take measures to ensure that these service providers access, process, and store information about you only for the purposes we authorize, subject to confidentiality obligations.

Data retention

Cognitive Engine reserves the right to indefinitely preserve a record of your user-provided information and your product usage analytics, even after you have ceased using the product. We preserve this information for the following purposes:

• So you can use our Platform;
• To ensure that we do not communicate with you if you have asked us not to;
• To provide accurate accounting information to other members about the groups that they organize or administer, and associated memberships;
• To better understand the traffic to our Platform so that we can provide all members with the best possible experience;
• To detect and prevent abuse of our Platform, illegal activities and breaches of our Terms of Service; and
• To comply with applicable legal, tax or accounting requirements.

When we have no ongoing legitimate business need to process your information, we will either delete or anonymize it.

While you reserve the right to delete or un-publish educational content that you have created, you recognize that complete content deletion is not possible if other users have already begun to study your content. If other users are already studying your content, then you may simply mark the content as private (and limited only to the users already studying it), and/or remove that content from your account and dissociate yourself from it.

To protect your privacy, you can also feel free to use an anonymous name or pseudonym rather than your real first and last name. You can change profile information at any time.

If a user posts information about you on their public profile or in their educational content, you may contact the user to request its removal. If that is not possible, then you may contact us using the Contact option on our website or mobile app, and we will help you address the issue.

Legally compelled disclosures

We may disclose user information when compelled to do so by government authorities or otherwise as required or permitted by law, such as to respond to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interfering with our rights or property, other customers or users of the Website, or anyone else that could be harmed by such activities.

Data rights

We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. You can contact us any time by using the Contact option available in our website and app.

• Opting out from receiving marketing communications that we send you at any time. You can exercise this right by selecting the “unsubscribe” or “opt-out” link in the marketing emails we send you. Additionally, you may update your email preferences by changing the settings in your account.

Note that Cognitive Engine is a controller of your information. Other members, such as class organizers and network administrators, may also act as controllers of your information. You should contact these members if you have any questions about how they use information that you have provided to them

Other technologies

• Use of Other Technologies.We may allow others to provide analytics services and serve advertisements on our behalf. In addition to the uses of cookies described above, these entities may use other methods, such as the technologies described below, to collect information about your use of the Platform and other websites and online services.
• Device IdentifiersA device identifier is a unique label can be used to identify a mobile device. Device identifiers may be used to track, analyze and improve the performance of the Platform and ads delivered.
• Local storage. Local storage is an industry-standard technology that enables the storage and retrieval of data on a computer, mobile phone or other device. Local storage may be used to store member preferences on devices.

Opting out

Most devices and web browsers are set to accept cookies by default. If you prefer, you may be able to remove or reject cookies. You can learn more about how to block cookies by visiting allaboutcookies.org. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Platform.

Targeted advertising

Third parties that use cookies and other tracking technologies to deliver targeted advertisements on third party websites may offer you a way to prevent such targeted advertisements by opting out at the websites of industry groups such as the Digital Advertising Alliance, or if located in the European Union, the European Interactive Digital Advertising Alliance. You may also be able to control advertising cookies provided by publishers, for example Google's Ad Preference Manager. Your device may also include a feature that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes. Note that even if you choose to opt out of receiving targeted advertising, you may still receive advertising, although it should not be tailored to your interests or activities.

Revisions to this policy

We may modify this Cookie Policy from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Cookie Policy, we will provide additional notice to you, such as by sending you an email, or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Cookie Policy

Business transfer

In the event that Cognitive Engine or all or a portion of its business, or one or more of its divisions, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets.

Prohibited uses

You agree that you will not:

• Post copyrighted material to our apps without written permission from the copyright holder.
• mpersonate any person, including a Cognitive Engine employee or agent using our apps
• Violate any local, state, or national law through or on our apps
• Harass people through or on this Website;
• Collect or store data about other people using our apps
• Use any device, software or routine to interfere or attempt to interfere with the proper working of our apps
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our apps
• Use our apps in any manner other than as expressly authorized in this Agreement
• Use any robot, spider, other automatic device, or manual process to monitor or copy any content in our apps.
• Reproduce, duplicate, copy, sell, or resell any portion of our apps' software code or content

Scope of license

In exchange for your acceptance of this Agreement, you are authorized to use the Site, but only for personal and noncommercial purposes unless such purposes are expressly granted in an agreement beyond this Agreement with our apps.

The apps contain material that is protected by copyright, trademark, or other intellectual property rights, and the Website itself is protected as a collective work under the copyright laws of the South Africa and other countries. You may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the apps..

You may link to the home page of the Website as long as the link does not cast us in a false or misleading light. Please let us know if you link to the Website by contacting us at Info.CognitiveEngine@cyberia.org.za.

You may not frame the content of the Informational Site. You may not use meta tags or any other “hidden text” that incorporates the Cognitive Engine Trademarks or our name without our express written consent.

Indemnity

You will indemnify and hold Cognitive Engine, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Website, your violation of this Agreement, or your violation of any rights of a third party.

Modifications to service

Cognitive Engine reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. Cognitive Engine will not be liable to you or to any third party for any modification, suspension, or discontinuance of the apps.

Membership, fees

Individuals may obtain a membership with the apps without paying a fee. Companies will be required to pay for a membership with the apps. In addition, Cognitive Engine will charge fees to access certain components of the apps. If you must pay a fee to access a component of the Service, this information will be posted by Cognitive Engine in our apps.You may use a credit card to pay these fees. When you provide credit card information to Cognitive Engine, you represent to Cognitive Engine that you are the authorized user of the credit card. Cognitive Engine reserves the right to change its fees or billing methods.

Our commitment

We employ technical and organizational measures designed to appropriately protect your information that is under our control and that we process on your behalf from unauthorized access collection, use, disclosure, copying, modification or disposal, both during transmission and once we receive it. We store all information that you provide to us on secure servers. We train employees regarding our data privacy policies and procedures, and permit authorized employees to access information on a need to know basis, as required for their role. We use firewalls designed to protect against intruders and test for network vulnerabilities. However, no method of transmission over the internet or method of electronic storage is completely secure.

We may make content or services from other Websites available to you from links located in the apps. These other Websites are not subject to this Agreement. We recommend that you review the Privacy Policy at each such Website to determine how that site protects your privacy.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your email address, we may notify you by email. You consent to our use of email as a means of such notification. If you prefer for us to use another method to notify you in this situation, please email us.

Your commitment

In exchange for your access to the Website, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Website or that could cause injury to yourself, to us, or to anyone else.

Without limitation, you agree not to attempt to:

• Modify the apps or make it possible for you or someone else to access the apps without using an interface that we provide (including through the use of spiders or robots, except to facilitate the creation of public search engines that catalog publicly accessible portions of the apps);
• Introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Damage, disable, overburden, impair, or gain unauthorized access to the apps or our servers, computer network, or user accounts;
• Collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us;
• Falsify, conceal, or modify information identifying yourself or another user, including Internet Protocol header information;
• Use our servers, networks, or other facilities for any purpose not explicitly authorized by us, including for the transmission of messages not authorized by us, or to interfere with or cause damage to the apps or any other service operated by us or any other party; or
• Take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party.

Where you have a password, which enables you to use our services, you are responsible for keeping this password complex, secure, and confidential. If you would like to update or change your password, you may select the “Forgot your password?” link on the login page. You will be sent an email that allows you to reset your password.

Transfer of data outside of your home country

Your information may be stored, processed and accessed in the South Africa or any other countries where Cognitive Engine has facilities. By using the apps, you consent to the transfer of information outside your country.

Copyright

Materials on Cognitive Engine's "Market". Copyright on all premium study materials is owned by or licensed to Cognitive Engine and all rights are reserved. You must abide by all copyright notices and restrictions contained on the Cognitive Engine Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the apps (including computer programs or other code) ("App Materials"), except that you make a reasonable number of machine-readable copies of the App Materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the App Materials

The only exception to this restriction is for content that you have created yourself. If you author original content using the Cognitive Engine platform, then you own full rights to this content, and you may "export" this content and use it in other media with no persecution from Cognitive Engine or its partners. Note that this assumes that your content does not violate the copyright protection of any other third-party publisher. Cognitive Engine is not responsible for any copyright violations that you make with your content, and we will immediately remove any violating materials that are brought to our attention by a third party

If you find your copyrighted materials on Cognitive Engine's public marketplace, please contact us using the Contact option in our apps, providing a link to the content in Cognitive Engine and a description of the violation, and we will address it accordingly.

Trademarks

Cognitive Engine, the Cognitive Engine Logo, and any other trademarks in the apps are trademarks owned by Bold Learning Solutions, Inc. You may not use these trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.

Disclaimer of warranty; limitation of liability

You understand that the apps is provided purely for your entertainment and education, and we do not guarantee that the information provided on the Site will be accurate or updated. We do not guarantee that we will continue to provide the apps, that the apps will be available at any particular time or from any particular place, or that they will continue to function in the manner that they currently function. You agree not to hold us liable for damages you claim are caused by third parties who contact you using the Site or become aware of your identity through the use of the apps, and you understand that, while such behavior is a violation of this Agreement, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of the apps. You agree that we are not liable for the infringing, defamatory, offensive, or illegal contact of third parties, including other users.

IN NO EVENT WILL WE, OUR PARENTS OR AFFILIATES, OR ANY OF OUR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE APPS (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE APPS OR CONTENT CREATED ON OR THROUGH THE SITE).

THE APPS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE INDEMNIFIED PARTIES’ CONDUCT WAS WILLFUL.

Governing law; integration; no waiver; severability; termination

You agree that any dispute between you and us will be governed by the laws of the South Africa, without regard to choice of law rules, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the South Africa. If you are located outside of the South Africa, you agree that, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the courts of the South Africa, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.

You agree that, notwithstanding any provision of law to the contrary, if you are located outside of the South Africa, we may satisfy our obligation to serve you with legal process by sending an electronic mail message to the email address that you provided when you registered for the Services or by sending a paper communication to you at the postal address that you provided when you registered for the Services. You further agree that service will be deemed accomplished when we send the electronic mail message or paper communication, as appropriate, and that service may be proven through evidence that we sent the communication, regardless of whether we obtain evidence that you received the communication or that the communication was not delivered.

This Agreement constitutes the entire agreement between you and us. They govern your use of the apps (but excluding services, if any, that we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the apps.

Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.

If any provision of this Agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.

We reserve the right to terminate the Apps and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.

Limitation of scope

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your access to and use of the Apps.

No provision of this Agreement may be interpreted to limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

Right to opt in and opt out

You have the right to “opt-in” and “opt-out” of certain of our uses of your Personal Information. For example, in the apps, you may be able to elect to or not to receive correspondence from us or to make your content private, and you may be able to click an “unsubscribe” link in the footer of every email. You can also email us using the Contact link in our product. In this email, please say whether: (i) you would like to opt-out of receiving all email promotional correspondence from Cognitive Engine in general or (ii) if you would only like to opt-out of certain of Cognitive Engine’s e-newsletters or correspondence and if so which ones. You may also opt-out of Cognitive Engine’s promotional emails by clicking on an opt-out link within the email you receive.

Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

Cancellation

If you wish to have your user account completely removed from Cognitive Engine's databases, you may contact us at Info.CognitiveEngine@cyberia.org.za

Contact us

If you have any questions or comments regarding our privacy practices, you may contact us at Info.CognitiveEngine@cyberia.org.za