Last Updated: July 29, 2016
These Terms of Service are a contract between you and Cognism Limited, a United Kingdom company. Cognism operates www.Cognism.com. By accessing these web sites, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Cognism Limited hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Cognism Sites, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Cognism Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Cognism Sites. All rights not expressly granted to you are reserved by Cognism and its licensors. You shall not (i) modify or make derivative works based upon the Cognism Sites; (ii) reverse engineer or access the Cognism Sites in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Cognism Site, or (c) copy any features, functions or graphics of the Cognism Sites. You further acknowledge and agree that, as between the parties, Cognism, Limited owns all right, title, and interest in and to the Cognism Sites, including all intellectual property rights therein.
The materials on Cognism, Limited's web sites are provided "as is". Cognism, Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Cognism, Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Cognism, Limited or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Cognism, Limited's Internet site, even if Cognism, Limited or a Cognism, Limited authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on Cognism, Limited's web sites could include technical, typographical, or photographic errors. Cognism, Limited does not warrant that any of the materials on its web sites are accurate, complete, or current. Cognism, Limited may make changes to the materials contained on its web site at any time without notice. Cognism, Limited does not, however, make any commitment to update the materials.
You agree to defend, hold harmless and indemnify Cognism from and against any and all losses, costs, expenses, damages or other liabilities incurred by Cognism arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third party against Cognism: (a) in connection with your use of the Sites including any payment obligations incurred through use of the Site; or (b) resulting from: (i) your use of the Site; (ii) your decision to supply profile or payment information via the Sites, including personal financial information; (iii) your decision to submit applications; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member with which you conducted business through the Sites; (viii) any act or omission of yours with respect to the payment of fees to any Contractor; (ix) your dispute of or failure to pay any invoice or any other payment; or (x) your obligations to a Contractor. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
Any claim relating to Cognism, Limited's web sites shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions.
You agree not to reproduce, duplicate, copy, sell, or resell any of the data made available to you (the "Product") through any Cognism, Limited service, including Cognism. The Product shall be used for your internal business purposes only, and you shall not use the Products or any software for the benefit of a third party, including reselling or giving away the data.
Any use of the API (Application Program Interface), including use of the API through a third-party product that accesses the Cognism Service, is bound by these Terms of Service plus the following specific terms:
You expressly understand and agree that Cognism shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cognism has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. Abuse or excessively frequent requests to Cognism via the API may result in the temporary or permanent suspension of your account's access to the API. Cognism, in its sole discretion, will determine abuse or excessive usage of the API. Cognism will make a reasonable attempt via email to warn the account owner prior to suspension. Cognism reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice. Fraudulent Activity
Use of the Cognism service, including but not limited to any applications that use the Cognism service or APIs, prohibits using the service for fraudulent account creation or other malicious purposes, including but not limited to creating and distributing spam emails, spam tweets, or other spammy electronic communication. Cognism reserves the right to filter and or block such activity, and if necessary, to remove any account that has engaged in these and similarly malicious activities. Individuals wishing to work within Cognism are authorized to create one account with the service.
If you have any questions or concerns about our Services or these Terms, you may contact us at:
Cognism, Woodberry Grove, North Finchley, London, United Kingdom, N12 0DR