Terms of Service
These Terms of Service govern your use of CogniLead, the GDPR-native cold outbound engine provided by Medishift (Switzerland). By creating an account or using the service, you accept these Terms.
1. Acceptance
By creating an account, accessing the dashboard, calling the API, or otherwise using the service, you agree to these Terms. If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization, and “you” in these Terms refers to that organization.
2. The service
CogniLead provides infrastructure for GDPR-native cold outbound: public signal ingestion, jurisdiction-aware personalization, an audit-evidenced delivery pipeline, and supporting compliance tooling. CogniLead is not a law firm and does not provide legal advice. You remain the data controller for all data you process through the service; we act as a processor under the Data Processing Agreement.
3. Account
- You must provide accurate registration information and keep it current.
- Multi-factor authentication is required on first use of the dashboard and may not be disabled.
- You are responsible for safeguarding your credentials and for any activity under your account. Account sharing is prohibited.
- You must be at least 18 years old and authorized under applicable law to enter into this agreement.
4. Acceptable use
The following uses are prohibited and may result in suspension:
- Personal email scraping. CogniLead is designed for corporate contact addresses derived from public technical signals. Importing scraped personal email addresses is prohibited.
- Spam-list seeding. We monitor complaint and bounce rates and reserve the right to suspend any tenant whose metrics cross industry-standard thresholds (complaint rate above 0.3%, hard bounce rate above 5%).
- Sending content that violates anti-spam laws in the recipient's jurisdiction (CAN-SPAM, CASL, PECR, the ePrivacy Directive as transposed, UWG, and any equivalent local regime).
- Bulk sends to consumer email addresses (free webmail providers for personal accounts) outside of an explicit pre-existing business relationship.
- Content that is illegal, violent, hateful, sexually explicit, harassing, fraudulent, or that infringes third-party intellectual property.
- Reverse engineering, scraping, or attempts to circumvent the rate limits, policy gate, or tenant isolation of the service.
CogniLead may suspend an account immediately to protect deliverability of other tenants or the integrity of the platform, and will notify the customer with the specific reason within 24 hours.
5. Pricing
Current pricing is published at /pricing. The product is offered in two pricing tracks: Track C BYO-LLM (you bring your own LLM provider API key) and Track C Managed-LLM (CogniLead bills for inference). Prices exclude VAT and any applicable sales tax. Per-send overages are billed monthly in arrears.
Invoices are payable within 30 days of issue. Late payments accrue interest at the legal default rate under Swiss law. Disputed line items must be raised in writing within 30 days of invoice date.
6. Term and termination
Plans are billed monthly unless an annual contract is in place. You may cancel at any time from the dashboard; cancellation takes effect at the end of the current billing period.
CogniLead may suspend or terminate for material breach of these Terms (including any breach of section 4) on written notice. Where the breach is curable, we will allow a 14-day cure period unless the breach materially endangers other tenants or platform integrity, in which case suspension may be immediate.
7. Intellectual property
You retain all rights, title and interest in the content you upload (signals, leads, suppressions, sends, evidence packs). CogniLead retains all rights, title and interest in the platform itself, including the pipeline, the personalization layer, the policy gate, the audit chain integration, the dashboard, the API shapes, the documentation, and all underlying code. No license to our platform is granted except the limited right to use the service as described in these Terms.
8. Warranties and disclaimers
The service is provided “as is” and “as available”. CogniLead maintains internal SLA targets, published on the status page, but does not offer a contractual uptime guarantee on standard tiers. Enterprise customers may negotiate a separate SLA with credits for missed targets.
To the maximum extent permitted by law, CogniLead disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
9. Liability
To the maximum extent permitted by law, each party's aggregate liability under or in connection with these Terms is capped at the fees paid by the customer in the twelve months preceding the event giving rise to the claim. Neither party is liable for indirect, consequential, special, or punitive damages, loss of profits, loss of revenue, loss of data not caused by CogniLead's failure to maintain backups as described in the Security page, or business interruption.
Nothing in this section excludes liability that cannot be excluded under applicable law, including liability for fraud or willful misconduct.
10. Indemnification
You will indemnify and hold CogniLead harmless from any claim, damages, or expense arising from your violation of section 4 (Acceptable use), your violation of applicable law in your outbound campaigns, or your infringement of any third-party right through content you upload or send.
CogniLead will indemnify and hold you harmless from any claim that the platform itself, as provided by CogniLead and used as permitted by these Terms, infringes a third party's intellectual property right.
11. Governing law and jurisdiction
These Terms are governed by the substantive law of Switzerland, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive jurisdiction for any dispute is the competent courts of Zürich, Switzerland.
12. Changes
We will give at least 30 days notice for any material change to these Terms, by email to the address on your account and by a visible notice on the dashboard. Your continued use of the service after the notice period constitutes acceptance of the updated Terms. If you do not accept, you may cancel without penalty before the effective date.
13. Contact
Legal and contract matters: legal@cognilead.ai.