Terms of Service

1. Acceptance of Terms

By creating an account, generating an API key, purchasing credits, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by any policies referenced herein, including our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity. If you do not have such authority, you must not accept these Terms or use the Service on the entity's behalf.

2. Description of Service

Cogitan provides a paid, pay-as-you-go developer API that serves physics-simulation surrogate models. These models, such as our thermal heat-conduction model, are machine-learning approximations trained to estimate the outputs of physical simulations far faster than running a full numerical solver. You submit inputs to the API and receive predicted outputs, subject to the limitations described in these Terms.

We may add, modify, deprecate, or remove individual models, endpoints, features, or capabilities of the Service at any time. We will use commercially reasonable efforts to provide advance notice of material changes that we expect to significantly affect existing integrations, but we are not obligated to maintain any particular model or feature indefinitely.

3. Eligibility & Accounts

To use the Service, you must be at least the age of majority in your jurisdiction and capable of forming a legally binding contract. The Service is intended for developers and businesses and is not directed to children.

You may register for an account using an email address and password or by authenticating through a supported third-party identity provider such as Google. You agree to provide accurate, current, and complete information during registration and to keep that information up to date. You are responsible for all activity that occurs under your account, and you must maintain the confidentiality of your login credentials. You agree to notify us promptly at the contact address below if you suspect any unauthorized access to or use of your account.

4. Acceptable Use & Prohibited Uses

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not, and must not permit any third party to:

• Use the Service in violation of any applicable law, regulation, or export control or sanctions regime;
• Attempt to gain unauthorized access to the Service, other accounts, or our underlying systems, or otherwise probe, scan, or test the vulnerability of our infrastructure;
• Interfere with, disrupt, or impose an unreasonable load on the Service, including through denial-of-service techniques or by circumventing rate limits or usage controls;
• Reverse engineer, decompile, or otherwise attempt to extract, reconstruct, or derive the source code, training data, model weights, or architecture of our surrogate models, except to the extent this restriction is prohibited by applicable law;
• Use the Service to build, train, or improve a competing surrogate-model or simulation product, including by systematically querying the API to replicate model outputs;
• Resell, sublicense, or provide the Service to third parties except as expressly permitted, or share API keys outside your organization;
• Use the Service to develop or operate weapons of mass destruction, or for any application that we determine, in our reasonable discretion, presents an unacceptable risk of harm;
• Upload or transmit any content that infringes the intellectual property or other rights of any third party, or that contains malware or other harmful code.

We reserve the right to investigate suspected violations and to suspend or terminate access for conduct we reasonably believe violates these Terms or harms the Service, other users, or third parties.

5. API Keys & Security

Access to the API is authenticated using secret API keys, which are prefixed with cog_sk_. Your API keys are credentials that allow anyone holding them to make calls on your behalf and to debit your credit balance. You are solely responsible for keeping your API keys confidential and secure.

You must not embed API keys in client-side code, public repositories, or any other location where they could be exposed. You are responsible for all usage and charges incurred through your API keys, whether or not authorized by you, unless and until you notify us of a compromise and we have had a reasonable opportunity to revoke the affected keys. We recommend rotating keys regularly and revoking any key you believe may have been exposed. We may revoke or rotate keys ourselves if we detect a credible security concern.

6. Credits, Billing & Refunds

The Service operates on a prepaid, pay-as-you-go basis. You purchase credits denominated in U.S. dollars (USD) through our third-party payment processor, Stripe. Each API call debits your credit balance according to our then-current pricing, which is based on factors such as the model invoked and the size or complexity of the request. When your balance is exhausted, API calls may be rejected until you add additional credits.

You authorize us and Stripe to charge your selected payment method for the credits you purchase, including any applicable taxes. You are responsible for all taxes associated with your purchases, other than taxes based on our net income. Prices for credits and usage are subject to change; changes will not affect credits you have already purchased but will apply to future purchases and usage.

Prepaid credits are generally non-refundable, except where a refund is required by applicable law or expressly granted by us in our discretion. Credits have no cash value, cannot be transferred or redeemed for cash, and may expire if your account remains inactive for an extended period as described in our then-current policies. Consumed credits are not recoverable. If you believe you have been billed in error, please contact us promptly so that we can investigate.

7. Rate Limits & Fair Use

To protect the stability and availability of the Service for all users, we may impose rate limits, concurrency limits, request-size limits, and other usage controls. These limits may vary by account, model, or endpoint and may change over time. You agree not to circumvent or attempt to circumvent these limits, including by creating multiple accounts or distributing usage across keys to evade controls.

If your usage materially exceeds normal patterns or threatens the integrity or performance of the Service, we may throttle, queue, or temporarily suspend your access, and we will use reasonable efforts to notify you where practicable.

8. Intellectual Property

As between you and Cogitan, you retain all rights, title, and interest in and to the inputs, data, and content you submit to the Service ("Customer Inputs") and to the outputs returned to you in response to your requests ("Outputs"), subject to these Terms. You grant us a limited, non-exclusive license to process Customer Inputs solely to provide, secure, and support the Service. We may use aggregated, de-identified usage information that does not identify you or any individual to operate and improve the Service.

As between you and Cogitan, we own and retain all rights, title, and interest in and to the Service, including the surrogate models, model weights, training data, software, APIs, documentation, user interfaces, and all related intellectual property. Except for the limited rights expressly granted to you, no rights are granted to you by implication, estoppel, or otherwise. If you provide feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction.

9. Third-Party Services

The Service relies on third-party providers to function, including Stripe for payment processing, Supabase for authentication and data storage, and Google for optional sign-in. Your use of these providers in connection with the Service may be subject to their respective terms and privacy policies. We are not responsible for the acts, omissions, availability, or content of third-party services, and your relationship with those providers is governed by their terms. We do not control and are not liable for third-party outages that may affect the Service.

10. Disclaimers

The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, we disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

The Service produces surrogate-model predictions that are approximations of physical simulations. Outputs are estimates and may contain errors or deviate materially from the results of a full numerical simulation or from real-world physical behavior. You are responsible for independently validating Outputs before relying on them. Outputs must not be used as the sole basis for safety-critical, life-critical, medical, or other high-risk decisions, and you assume all risk arising from any such use. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any Output will meet your requirements.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Cogitan or its officers, directors, employees, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or relating to these Terms or the Service, whether based in contract, tort, negligence, strict liability, or any other theory, and whether or not we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the total amount of fees you actually paid to us for the Service during the twelve (12) months immediately preceding the event giving rise to the claim. The limitations in this section form an essential basis of the bargain between you and us and apply even if a limited remedy fails of its essential purpose.

12. Indemnification

You agree to defend, indemnify, and hold harmless Cogitan and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your Customer Inputs or your use of Outputs; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us.

13. Termination & Suspension

You may stop using the Service and close your account at any time. We may suspend or terminate your access to all or part of the Service, with or without notice, if we reasonably believe you have violated these Terms, if required by law, if your account presents a security or fraud risk, or if your continued use poses a risk to the Service or other users. We may also suspend the Service during emergencies or for scheduled maintenance.

Upon termination, your right to access the Service will cease, and we may delete your account data in accordance with our retention practices and applicable law. Except where prohibited by law or required by these Terms, any remaining prepaid credits are forfeited upon termination for cause arising from your breach. Provisions that by their nature should survive termination, including sections on intellectual property, disclaimers, limitation of liability, indemnification, and governing law, will survive.

14. Changes to These Terms

We may modify these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice through the Service or by email. Changes become effective when posted unless we state otherwise. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.

15. Governing Law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws principles. You agree that the courts located in the state and federal courts located in Dallas County, Texas will have exclusive jurisdiction and venue over any dispute, except that we may seek injunctive or equitable relief in any court of competent jurisdiction to protect our intellectual property or confidential information.

16. Contact

If you have questions about these Terms or the Service, please contact us at business@cogitan.ai. We will make reasonable efforts to respond to legitimate inquiries in a timely manner.