Terms of Service

By creating an account, accessing, or using the CognoSales platform ("Service"), you ("Customer," "Subscriber," or "you") agree to be bound by these Terms of Service ("Terms"). If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, do not use the Service.

CognoSales is a software-as-a-service (SaaS) platform designed for automotive dealerships. The Service includes, but is not limited to:

• Customer relationship management (CRM) and lead management
• Email marketing and campaign tools
• SMS marketing (powered by Twilio)
• AI-powered chatbot and customer engagement tools
• Multi-channel conversation inbox
• Vehicle inventory management
• Analytics, reporting, and advertising performance dashboards (including integrations with Google Analytics 4, Google Search Console, Google Ads, and Meta Ads)

Features may be added, modified, or removed at any time. We will make reasonable efforts to notify Subscribers of material changes.

Eligibility. You must be at least 18 years of age and legally capable of entering into a binding contract to use the Service.

Account Accuracy. You agree to provide accurate, current, and complete information during registration and to keep this information up to date.

Account Security. You are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately at hello@cognosales.com if you suspect unauthorized access to your account.

The Service is offered on a subscription basis. You authorize CognoSales to charge your payment method on a recurring basis for the applicable subscription fee.

Prices do not include applicable taxes. You are responsible for any sales, use, GST, HST, or other taxes imposed on your subscription.

If payment fails, we may suspend or terminate access to the Service after reasonable notice. All subscription fees are non-refundable except as required by applicable law.

You agree not to use the Service to:

• Violate any applicable law, including Canada's Anti-Spam Legislation (CASL) and applicable U.S. CAN-SPAM and TCPA requirements
• Send unsolicited communications to individuals who have not provided express or implied consent
• Infringe any third party's intellectual property or privacy rights
• Introduce malware, viruses, or other harmful code
• Attempt to gain unauthorized access to the Service or its infrastructure
• Resell or sublicense the Service without written authorization
• Engage in deceptive, fraudulent, or misleading business practices

Ownership. You retain all ownership rights to the data you upload, import, or generate through the Service ("Customer Data"). We do not claim any ownership of your Customer Data.

License to Operate. By using the Service, you grant CognoSales a limited, non-exclusive, royalty-free license to process and store your Customer Data solely as necessary to provide and improve the Service.

Data Deletion Upon Account Termination. When your account is closed or terminated — whether initiated by you or by CognoSales — your Customer Data will be permanently deleted from our active systems within 30 days of account closure. Residual copies in encrypted backups will be purged within 90 days. We do not retain your Customer Data after this period except as required by applicable law.

The Service integrates with third-party platforms and APIs, including Google Ads API, Google Analytics 4, Google Search Console, Meta Ads API, Twilio, SendGrid, and OpenAI. Your use of these integrations is also subject to each provider's terms of service and privacy policies. CognoSales is not responsible for the conduct or data practices of these third parties.

The Service is provided "as is" and "as available." To the fullest extent permitted by law, CognoSales disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

To the fullest extent permitted by law, CognoSales shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill. Our total cumulative liability shall not exceed the amount you paid to CognoSales in the three (3) months preceding the claim.

Termination by You. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

Termination by CognoSales. We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees, or engage in conduct that harms the Service or other users.

Effect of Termination. Upon termination, your right to access the Service ceases immediately. Customer Data deletion proceeds as described in Section 6.

We reserve the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes via email or in-app notification. Continued use of the Service after the effective date of changes constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the Province of Ontario, Canada. Any disputes shall be resolved exclusively in the courts located in Ontario, Canada.

For questions about these Terms, contact us at legal@cognosales.com.