Terms of Service

These Terms of Service ("Terms") govern your access to and use of Cognativ (the "Service"), provided by Performance Capability ("we", "us", "our"). By creating an account or using the Service, you agree to these Terms.

1. The Service

Cognativ is a software platform built on the Cognitive Reflex Recognition® framework that generates behavioural insights from information you provide. It is a decision-support tool, not a substitute for professional clinical, medical, legal, financial or HR judgement.

2. Accounts

You must provide accurate information, keep your credentials secure, and are responsible for activity under your account. You must be at least 18 years old and authorised to accept these Terms (including on behalf of an organisation, where applicable).

3. Licence & acceptable use

We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with your plan. You agree not to:

• copy, resell, sublicense or white-label the Service except under a written agreement with us;
• reverse engineer, extract or attempt to reconstruct the underlying framework, prompts or models;
• use the Service unlawfully, to harass, manipulate or harm others, or to make automated decisions with legal effects about individuals without appropriate human oversight;
• upload content you have no right to share.

4. Intellectual property

Cognativ, the Cognitive Reflex Recognition® framework, and all associated content, trademarks and methodology are and remain the property of Performance Capability. No rights are granted except as expressly set out in these Terms.

5. Your content

You retain ownership of the content you submit. You grant us the limited rights needed to operate the Service and generate your results, including transmitting content to our AI processing provider for that purpose.

6. Fees

Paid plans are billed in advance on the cadence shown at purchase. Fees are non-refundable except where required by law. We may change pricing on renewal with notice. Team and Organisation plans are governed by a separate order or agreement.

7. AI-generated output

Insights are generated by an AI reasoning engine and may contain errors or omissions. You are responsible for exercising professional judgement before acting on any output. The Service does not guarantee any particular outcome.

8. Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind to the fullest extent permitted by law, including fitness for a particular purpose and accuracy of output.

9. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, incidental or consequential losses, and our total liability is limited to the fees you paid for the Service in the twelve months before the claim. Nothing excludes liability that cannot lawfully be excluded.

10. Suspension & termination

You may cancel at any time. We may suspend or terminate access for breach of these Terms or where necessary to protect the Service or other users. On termination, your right to use the Service ends.

11. Changes

We may update these Terms from time to time. Continued use after changes take effect constitutes acceptance.

12. Governing law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, unless a mandatory law in your location provides otherwise.

13. Contact

Performance Capability · hello@performancecapability.com · www.performancecapability.com