Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of Cognivox, including the Cognivox website, software, platform and AI-powered communication services.

Cognivox is a product designed and operated by Nathan Software Solutions Limited ("Nathan Software"), a company registered in Scotland under company number SC750597.

These Terms form an agreement between you, or the organisation you represent, and Nathan Software Solutions Limited in relation to your access to and use of Cognivox.

References in these Terms to "Cognivox" refer to the Cognivox product and services. References to "we", "us" or "our" refer to Nathan Software as the operator of Cognivox, unless the context requires otherwise.

By creating an account, purchasing a service or otherwise using Cognivox, you agree to be bound by these Terms.

If you use Cognivox on behalf of a company, organisation or other legal entity, you confirm that you have authority to accept these Terms on its behalf.

The Cognivox service

Cognivox provides technology for AI-powered communications and related business automation.

Features may include conversational AI, voice communications, automated interactions, transcription, messaging, appointment scheduling, calendar integrations, workflow automation and other related functionality.

The precise features available to you may depend on your account, service configuration and any separate agreement entered into with us.

We may develop, modify or improve Cognivox over time. This may include introducing, changing or removing functionality where reasonably necessary for the operation, security or development of the service.

Eligibility and authority

Cognivox is primarily intended for businesses, organisations and professional users.

You must have the legal capacity and authority necessary to enter into these Terms.

If you create or administer an account for an organisation, you are responsible for ensuring that your use of Cognivox is authorised by that organisation.

Accounts and security

Certain Cognivox services may require you to create an account.

You are responsible for providing accurate information and for keeping your account details up to date.

You are also responsible for maintaining the confidentiality and security of your login credentials and for activity conducted through your account.

You must notify us promptly if you become aware of suspected unauthorised access to your account or any other security incident relating to Cognivox.

Your responsibilities

You are responsible for how you configure and use Cognivox and for ensuring that your use complies with applicable laws and regulations.

This includes responsibility for:

• The instructions, information and content you provide to Cognivox.
• The configuration and intended purpose of your AI-powered services.
• Ensuring you have appropriate rights and lawful grounds to process personal information.
• Providing privacy notices and other information to callers, customers and other individuals where required by applicable law.
• Informing callers where required that they are interacting with an AI-powered receptionist and that a written transcript of the conversation may be retained.
• Obtaining consent or establishing another appropriate lawful basis where required for your processing activities.
• Ensuring that people authorised to use your account comply with these Terms.
• Reviewing the suitability of automated processes for your particular use case.

Acceptable use

You must use Cognivox lawfully and responsibly.

You must not use Cognivox to:

• Engage in unlawful, fraudulent or deceptive activity.
• Harass, threaten, abuse or unlawfully discriminate against another person.
• Impersonate another person or organisation in a misleading or unlawful manner.
• Send unlawful spam or unsolicited communications.
• Infringe intellectual property, privacy or other legal rights.
• Introduce malware or attempt to compromise the security of Cognivox or another system.
• Attempt to gain unauthorised access to accounts, systems, data or networks.
• Circumvent technical restrictions, usage limits or security controls.
• Use the service in a manner that could damage, overload or materially disrupt Cognivox or services provided to other customers.

Artificial intelligence services

Cognivox uses artificial intelligence and automated technologies to understand information, generate responses and perform configured actions.

AI-generated responses are probabilistic and may occasionally be incomplete, inaccurate, inappropriate or unexpected.

You are responsible for determining whether Cognivox is appropriate for your intended use and for implementing suitable human review, verification or safeguards where necessary.

You should not rely solely on AI-generated output where an incorrect response could create a significant legal, financial, safety or other material risk.

Calls, transcripts and communications

Cognivox provides AI-powered telephone and other communication services. When a telephone call is handled by the Cognivox AI receptionist, the audio of the conversation is processed in real time so that Cognivox can understand the caller, generate appropriate responses and perform authorised actions.

Call audio

How telephone call audio is handled depends on the telephone service and configuration used.

For calls handled directly through supported Cognivox telecommunications services, including Twilio-based services, audio is processed as part of the live telephone interaction but Cognivox does not retain an audio recording of the call. A written transcript of the conversation may be retained.

Where Cognivox is connected to your SIP or PBX telephone system and call recording is enabled, Cognivox may create and retain an audio recording of the call in addition to the written transcript.

Conversation transcripts

Cognivox may retain a written transcript of telephone conversations handled through the service. A transcript may contain information provided during the conversation, including names, telephone numbers, email addresses, enquiries, messages, appointment information and other personal information voluntarily provided by the caller.

Transcripts may be made available to authorised users of the relevant Cognivox customer account and may be used for purposes associated with providing and administering the service, maintaining conversation history, handling customer communications, performing requested business actions, providing support and maintaining service security.

The processing and retention of transcripts is further described in the Cognivox Privacy Policy.

Your responsibilities to callers

If you use Cognivox to receive or handle telephone calls or other communications on behalf of your business or organisation, you are responsible for ensuring that your use of the service complies with applicable privacy, data protection, telecommunications and electronic communications law.

Where required by applicable law, you are responsible for providing callers and other individuals with appropriate information about how their personal information is processed.

This may include informing callers that they are communicating with an AI-powered receptionist, that their conversation is processed using artificial intelligence and that a written transcript of the conversation may be retained. If you enable call recording through a SIP or PBX configuration, you are also responsible for providing any notice required by applicable law that the call is being recorded.

You are responsible for establishing an appropriate lawful basis for processing personal information where you act as the data controller and for obtaining consent where consent is required by applicable law.

You must not use Cognivox to make, receive, process or facilitate communications that you would not otherwise be legally permitted to make, receive, process or facilitate.

Data and privacy

Personal information processed through Cognivox is handled in accordance with our Privacy Policy and applicable data protection requirements.

Depending on the circumstances, you may act as the data controller for personal information processed through your use of Cognivox, while Nathan Software may process that information on your behalf through Cognivox.

This may include personal information contained in telephone conversation transcripts, chat communications, customer contact information, appointment records and information processed through integrations that you have enabled.

Where Nathan Software determines the purposes and means of processing personal information, Nathan Software may act as the data controller for that processing.

You are responsible for ensuring that you have an appropriate lawful basis for personal information you submit to or process through Cognivox where you act as the data controller.

Where Nathan Software processes personal information on your behalf, you are responsible for ensuring that your instructions to us and your use of Cognivox comply with applicable data protection law.

Third-party services

Cognivox may depend on or integrate with third-party technology, including telecommunications, artificial intelligence, cloud infrastructure, calendar services, authentication, payment and other service providers.

These providers may include services used to deliver telephone communications, process AI-powered interactions, provide calendar integrations, process payments, send communications and operate supporting infrastructure.

The operation of third-party services may be subject to separate terms, policies and technical limitations.

To the extent permitted by applicable law, we are not responsible for failures or interruptions of third-party services that are outside our reasonable control, although we aim to select and integrate service providers appropriate for the operation of Cognivox.

Fees, usage and payment

Some Cognivox services are provided on a paid basis.

Applicable charges, usage rates, account credit, onboarding charges and other commercial terms will be displayed when you purchase or configure a service or agreed separately with you.

Where you purchase Cognivox services from Nathan Software, you agree to pay the applicable fees and charges in accordance with the pricing and billing terms presented to you or otherwise agreed with you.

Cognivox may provide services with usage-based charges. Charges may therefore vary according to your actual consumption of the service.

Usage-based charges may include telephone communications, telecommunications services, artificial intelligence processing, messaging or other metered functionality provided through Cognivox.

You are responsible for charges properly incurred through your account in accordance with your selected services and applicable pricing.

Where account credit is required to use a service, certain functionality may become unavailable if there is insufficient credit to meet applicable usage charges.

Any specific cancellation, refund or other payment terms applicable to a particular purchase will be communicated as part of the relevant purchase or agreement.

Service availability

We aim to provide a reliable service, but we do not guarantee that Cognivox will always be available, uninterrupted or error-free.

Service may occasionally be unavailable due to maintenance, updates, technical problems, telecommunications failures, artificial intelligence service interruptions, third-party service interruptions or circumstances outside our reasonable control.

We may perform maintenance and make changes reasonably necessary to maintain the security, reliability and operation of the platform.

Intellectual property

Cognivox, including its software, website, platform, design, branding, documentation and underlying technology, is protected by intellectual property rights belonging to Nathan Software and/or its licensors, as applicable.

Except for the limited right to use Cognivox in accordance with these Terms, no ownership rights in Cognivox or its underlying intellectual property are transferred to you.

You retain ownership of content and information that you own and submit to Cognivox.

You grant us the rights reasonably necessary to host, transmit, process and otherwise use that content for the purpose of providing, securing and operating the Cognivox services for you.

You must ensure that you have the necessary rights to any content, information or materials you submit to the platform.

Suspension and termination

You may stop using Cognivox at any time, subject to any contractual or payment commitments applicable to your account.

We may restrict, suspend or terminate access where reasonably necessary, including where:

• You materially breach these Terms.
• Your use creates a security or legal risk.
• Required payments remain outstanding or sufficient account credit is not available for services that require it.
• Your use materially disrupts our services or other customers.
• We are required to do so by law or a competent authority.

Where reasonably practicable, we will seek to provide notice before suspending or terminating an account unless immediate action is necessary.

Liability

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

Subject to applicable law, Cognivox is provided without any guarantee that AI-generated responses will always be accurate, complete or suitable for a particular purpose.

You remain responsible for decisions made on the basis of information generated or processed through your use of Cognivox.

To the extent permitted by applicable law, Nathan Software will not be responsible for indirect or consequential losses, loss of anticipated profits, loss of business, loss of opportunity or losses resulting from circumstances outside our reasonable control.

Any additional or different limitations of liability agreed in a separate written contract between you and us will apply in accordance with that agreement.

Your responsibility for claims

To the extent permitted by applicable law, you are responsible for losses, claims or liabilities arising from your unlawful use of Cognivox, your material breach of these Terms, or content and instructions you provide where you do not have the necessary rights or authority.

This includes claims arising from your failure, where you are responsible as data controller, to provide legally required privacy information or to establish an appropriate lawful basis for processing personal information through Cognivox.

This provision does not make you responsible for losses caused by our own breach of these Terms or matters for which liability cannot lawfully be transferred.

Changes to these Terms

We may update these Terms from time to time to reflect changes to Cognivox, our business, technology, legal requirements or commercial practices.

Updated Terms will be published on this page and the "Last updated" date will be revised.

Where a change materially affects an existing paid service, we will take reasonable steps to provide appropriate notice where required.

Governing law

These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales, subject to any mandatory rights that apply under applicable law.

The courts of England and Wales will have jurisdiction in relation to disputes arising from these Terms, except where applicable law requires otherwise.