Terms and Conditions
Cognexa – AI Business Solutions
These Terms and Conditions (“Terms”, “Agreement”) constitute a legally binding agreement between Cognexa – AI Business Solutions (“Cognexa”, “we”, “us”, “our”) and the client (“Client”, “you”, “your”) governing the access to and use of Cognexa’s services, systems, platforms, and related offerings.
By accessing, subscribing to, or using any Cognexa services, the Client acknowledges that they have read, understood, and agreed to be bound by these Terms in full.
1. Definitions
For the purposes of this Agreement:
“Service(s)” refers to all AI receptionist, automation, telephony, and related solutions provided by Cognexa.
“Billing Cycle” refers to the monthly billing period unless otherwise stated.
“Usage Allowance” refers to the included monthly allocation associated with the Client’s selected package.
“Malfunction” refers strictly to technical failures preventing intended operational use as defined herein.
2. Scope of Services
2.1 Cognexa provides AI-powered receptionist services intended solely for standard business use, including but not limited to call answering, customer data capture, lead qualification, and appointment booking.
2.2 Cognexa does not guarantee human-level intelligence, conversational depth, emotional understanding, or non-business-related interaction.
2.3 Services are provided “as is” and “as available” within commercially reasonable standards.
3. Fees, Billing, and Payment Terms
3.1 All subscription packages are billed in advance for the upcoming month.3.2 Any usage exceeding the Client’s package allowance shall be automatically calculated, invoiced, and charged in the subsequent billing cycle without prior approval or notification.
3.3 All fees are non-negotiable unless expressly agreed to in writing.
3.4 Cognexa reserves the right to suspend or terminate services for non-payment, late payment, or disputed charges.
3.5 Prices may exclude VAT, levies, duties, or applicable taxes unless explicitly stated otherwise.
4. Setup Fees
4.1 All services are subject to a once-off setup fee.
4.2 Setup fees are strictly non-refundable, irrespective of usage, satisfaction, cancellation, or termination, as technical resources and labor are expended upon activation.
5. Money-Back Guarantee
5.1 A limited money-back guarantee applies only within 30 calendar days of the Client’s first successful payment.
5.2 Refunds are granted solely at Cognexa’s discretion upon verification of a legitimate malfunction affecting core operational functionality.
5.3 The guarantee excludes:
Conversational misuse
Social interaction attempts
Testing outside standard business scenarios
Caller behavior inconsistent with the AI’s intended function
5.4 Setup fees are excluded from all refunds.
6. Language and Caller Conduct
6.1 Services are designed to operate in English only, unless otherwise agreed in writing.
6.2 Cognexa shall not be held liable for service degradation, errors, or failures arising from callers using unsupported languages.
6.3 The Client accepts full responsibility for caller behavior and usage patterns.
7. Term, Renewal, and Continuity
7.1 All subscriptions are subject to a minimum 12-month term.
7.2 Upon expiry, subscriptions will automatically renew for a further 12-month period without notice.
7.3 Renewals will occur at the prevailing price at the time of renewal, regardless of prior pricing agreements.
7.4 Failure to object in writing constitutes acceptance of renewal terms.
8. Cancellation After Guarantee Period
8.1 After the 30-day guarantee period, Clients may request cancellation.
8.2 A cancellation fee equal to 50% of the remaining contract value shall be payable immediately.
8.3 Services remain active until all outstanding balances are settled in full.
9. Reinstatement of Services
9.1 Any reinstatement following cancellation requires payment of the full setup fee.
9.2 Cognexa is not obligated to retain prior configurations or data.
10. Service Interruptions & Third-Party Dependencies
10.1 Cognexa relies on third-party providers for infrastructure and telephony.
10.2 Cognexa shall not be liable for downtime caused by:
Network outages
Carrier failures
API interruptions
Regulatory changes
Force majeure events
11. Data, Privacy, and Security
11.1 Cognexa implements reasonable technical safeguards but does not guarantee absolute data security.
11.2 The Client consents to data processing necessary for service delivery.
11.3 Cognexa is not responsible for data loss due to external factors.
12. Intellectual Property
12.1 All systems, software, workflows, prompts, and configurations remain the exclusive property of Cognexa.
12.2 No ownership rights are transferred to the Client.
13. Limitation of Liability
13.1 Cognexa’s total liability is limited to fees paid in the preceding 30 days.
13.2 Under no circumstances shall Cognexa be liable for indirect or consequential damages.
14. Amendments & Severability
14.1 Cognexa reserves the right to amend these Terms at any time.
14.2 If any provision is deemed unenforceable, the remainder shall remain in effect.
15. Governing Law
This Agreement is governed by the laws of the Republic of South Africa.