Terms of Service

CogniStream Ltd Terms of Service
‍Last Updated: February 18, 2025

‍1. Introduction
‍These Terms of Service ("Terms"), together with our Privacy Policy, constitute the entire agreement ("Agreement") between users of our Services and CogniStream Ltd, a company registered in the European Union ("CogniStream," "we," "our," or "us"). These Terms govern the use of our research platform, website, and services (collectively, the "Services").These Terms apply to both Interview Participants and Business Clients, as defined below. Please read these Terms carefully as they contain important information about your legal rights and obligations.


‍2. Definitions
‍"Interview Participant" or "Participant": Any individual who participates in research interviews conducted through our Services
"Business Client" or "Client": Any business entity that uses our Services to conduct research studies
"Interview": A research interview session conducted through our Services
"Services": Our platform, website, and related services enabling research studies and interviews


‍3. Terms for Interview Participants
‍3.1. Eligibility and Registration
‍You must be at least 18 years old to participate in interviews
You must provide accurate information when registering or participating
You have the right to withdraw from participation at any time
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3.2. Interview Participation and Data Collection
‍Interviews are conducted using AI technology for recording and analysis
Your voice will be recorded and analyzed for research purposes
Analysis includes studying speech patterns and prosodic features
We collect first names solely for conducting interviews in a conversational manner
Some studies may require basic demographic information
All data is pseudonymised - meaning personal information is processed in a way that prevents attribution to a specific individual without additional information
Demographic data is used anonymously at the study level
You maintain certain rights over your personal data as outlined in our Privacy Policy
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3.3. Participant Rights
‍You have the right to:
- Receive clear information about how your data will be used
- Withdraw consent at any time
- Request access to your personal data where we maintain it
- Request deletion of your personal data where we maintain it
- Object to certain types of processing
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Please note: Your interview data is pseudonymised, meaning while we collect minimal personal information (such as first names) for conducting the interview, this information is processed and stored in a way that prevents attribution to specific individuals without additional information.
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In such cases:
- Your responses will be stored anonymously
- We cannot link the responses back to you individually
- We cannot provide copies of specific interview data
- We cannot selectively delete your specific data from the research study
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3.4. Gratuities
‍Participation in research studies is voluntary and unpaid
You may receive a gratuity as a token of appreciation
Any gratuity is discretionary and not guaranteedIf offered, gratuity terms will be communicated before the interview
You must complete the interview as specified to be eligible for any offered gratuity
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3.5. Prohibited Actions
‍You agree not to:
- Provide false or misleading information
- Participate in interviews multiple times without authorization
- Record or share interview content without permission
- Engage in any form of harassment or abuse
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3.6. AI Technology Disclosure
We are transparent about our use of AI technology:
- Interviews are conducted using AI systems, not people
- Analysis is performed using AI technology
- AI systems analyze speech patterns and prosodic features
- AI systems may measure empathic emotional expressions
- We do not make claims about direct emotion measurement
- We do not support using AI to misrepresent people or to misrepresent machines as people
- We do not use the technology for identification purposes

Our AI systems:
- Are clearly identified as artificial intelligence
- Do not attempt to deceive or mislead participants
- Follow ethical principles for AI research


‍4. Terms for Business Clients
‍4.1. Acceptable Use and Industry Restrictions
‍You agree not to:
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights
- Attempt to reverse engineer the Services
- Share access credentials with unauthorized users
- Use the Services to harm or harass others

The Services may not be used for research related to:
- Weapons or defense industry
- Gambling industry
- Adult entertainment industry
- Human Resources (HR) purposes, including but not limited to:
        - Employee screening
        - Performance assessment
        - Hiring decisions
- Student assessment or educational evaluation
- Any other purpose that could lead to decisions significantly affecting individuals

Prohibited Applications:
- Using measures of emotional expressions as inputs to algorithms that prioritize any objective over human emotional well-being
- Developing or enhancing psychological warfare techniques by optimizing for negative emotional responses
- Making empathic AI capabilities accessible to potential bad actors without appropriate legal and/or technical safeguards
- Any application that could lead to psychological harm or manipulation
- Any use that lacks appropriate constraints to ensure non-harmful purposes

We reserve the right to:
- Reject any research study that falls within these prohibited categories
- Terminate access for clients found to be conducting such research
- Refuse service to businesses primarily operating in these industriesImmediately suspend services if prohibited applications are detected
- Report any attempts at harmful applications to relevant authorities

4.2. Research Ethics and Participant Consent
‍Our Services automatically handle participant consent by:Informing participants of the research purpose and methodology
Obtaining explicit consent before proceeding with interviews
Maintaining records of consent in accordance with GDPR requirements
As a Business Client, you must:
- Provide accurate research purpose descriptions for participant consent
- Protect participant privacy and confidentiality
- Use the Services in accordance with research ethics principles
- Not attempt to bypass or modify the consent process
- Handle any participant data in accordance with the stated research purpose

4.3. AI Compliance Requirements
‍EU AI Act Compliance:
- Our AI systems are classified as "Limited Risk" under the EU AI Act
- We maintain comprehensive technical documentation of our AI systems
- We implement risk management systems and monitoring
- We provide clear disclosure of AI system capabilities and limitations
- We ensure human oversight of AI system deployment and operation
- We maintain logs of AI system activity for accountability
- We regularly assess and test AI system accuracy and reliability
- We implement bias monitoring and mitigation measures
- We provide mechanisms for reporting AI system issues

As a Business Client, you agree to:
- Use our AI systems only as documented and intended
- Report any observed AI system issues or concerns
- Not attempt to modify or circumvent AI system safeguards
- Follow our guidelines for ethical AI use in research
- Maintain appropriate human oversight of research processes
- Not use AI analysis results for prohibited purposes
- Comply with all applicable AI regulations in your jurisdiction

Data Protection in AI Systems:
- Customer data is not used to train Large Language Models (LLMs)
- Any foundational LLMs we use are configured not to retain or learn from data transferred to them
- We employ HIPAA-compliant specialized LLMs for specific tasks like interview recording and transcription
- While such data may be temporarily processed, it is not used for model training
- Foundation models may only flag data that violates applicable laws
- No logging or retention of data occurs during AI processing on our cloud infrastructure
- All data is encrypted both in transit and at rest
- Our systems adhere to compliance standards including SOC; ISO; HIPAA; GDPR; We are working towards certification.

4.4. Client Data and Research Studies
‍As a Business Client, you:
- Maintain control over your research studies
- Own the intellectual property rights to your research findings
- Can access your research data at any time
- Are responsible for the appropriate use of research insights
- Must comply with all applicable research and data protection regulations

Data Security and Access:
- Your research data is stored in dedicated, secure tenancies
- You control access to your research data within your organization
- You can manage and revoke access permissions for your team members
- You can delete your research data in accordance with retention policies

Processing Rights:
CogniStream maintains the right to:
- Process data within our systems as needed for service delivery
- Develop and improve our AI and analysis capabilities
- Create new features and functionalities
- Optimize system performance
- Comply with legal and regulatory requirements

4.5. Pilot Studies and Case Studies
‍Pilot Studies:
- We may designate certain research studies as pilot studies
- Pilot studies are subject to additional oversight and monitoring
- We may provide enhanced support during pilot studies
- Pilot studies may receive priority technical assistance
- Additional feedback and reporting may be required

Case Studies and Promotional Use:
- We may request to use pilot study results in case studies
- Case studies may include anonymized research methodologies and findings
- We may use aggregated and anonymized data in promotional materials
- Client company names and logos may be used with explicit permission
- Clients can review and approve case study content before publication
- Oversight and Monitoring:Pilot studies may be subject to quality assurance reviews
- We may monitor system performance and usage patterns
- Technical support staff may observe research sessions
- Enhanced data collection for system improvement
- Regular feedback sessions may be required

You maintain the right to:
- Opt out of case study participation, our pilot program & pilot program discounts
- Review and approve any content before publication
- Request modifications to case study content
- Withdraw permission for promotional use at any time
- Maintain confidentiality of sensitive business information
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5. Data Processing and Privacy
‍5.1. GDPR Compliance
‍We process personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR)
We act as a data processor for any personal data you collect through our Services
You remain the data controller for any personal data collected through our Services
Our system obtains and records all necessary participant consents
We maintain records of consent in compliance with GDPR requirements
We implement appropriate technical and organizational measures to ensure data protection
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5.2. Data Storage and Processing
‍Research data is stored in secure, isolated client tenancies
Each client's data is logically separated from other clients' data
We maintain appropriate security measures to protect client data
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Our systems may process data for purposes including:
- Service delivery and improvement
- Enhancement of analysis capabilities
- Development of new features and functionalities
- System optimization and performance improvements
- Compliance with legal and regulatory requirements
- Research and development of AI capabilities
All processing is conducted in compliance with applicable regulations

5.3. Voice Analysis
Our Services analyze speech prosody and acoustic features to identify patterns & emotional expressions in vocal expressions.
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We do not:
- Make claims about measuring emotions directly
- Use the Services for biometric identification
- Process special categories of personal data without explicit consent
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‍6. Third-Party Services
‍6.1. Service Providers
We use various third-party service providers, including:
- Cloud infrastructure and hosting services
- AI & analysis technology providers
- Authentication and identity management services
- Data processing and analytics services
- Other essential technical service providers

All service providers are carefully selected and bound by appropriate data processing agreements to ensure compliance with applicable regulations.
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6.2. Provider Terms
‍Your use of the Services may be subject to third-party terms
We maintain appropriate data processing agreements with providers
We ensure provider compliance with EU data protection requirements

‍7. Fees and Payment
‍7.1. Payment Methods
We offer several payment options:
Pay-per-study: Full payment required before study launch
Subscription: Regular recurring payments
Enterprise agreements: Payment via invoice and bank transfer

7.2. Pricing
‍Fees are specified in your service agreement, order form, or subscription plan
All fees are exclusive of applicable taxes
We reserve the right to modify pricing with reasonable notice
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7.3. Payment Terms
‍Pay-per-study fees must be paid in full before study launch
Subscription fees are charged according to your chosen plan
Enterprise invoices are payable according to agreed payment terms
Late payments may result in service suspension
All fees are non-refundable unless otherwise specified


‍8. Liability and Warranties
‍8.1. Limited Warranty
‍We warrant that:
- The Services will perform substantially as described
- We will implement appropriate security measures
- We will comply with applicable laws and regulations

8.2. Disclaimer
‍The Services are provided "as is" and "as available."
We disclaim:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-interruption of service

8.3. Limitation of Liability
‍Our liability shall be limited to:
- Direct damages only
- The amount paid by you in the previous 12 months
- Exclusion of consequential damages


‍9. Term and Termination
‍9.1. Term This Agreement remains in effect until terminated according to these Terms.
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9.2. Termination Either party may terminate:
- For material breach with 30 days' noticeImmediately for legal compliance reasons
- As specified in your service agreement

9.3. Effect of Termination
‍Upon termination:
- You must cease using the Services
- You may export your data within 30 days
- Confidentiality obligations survive


‍10. Governing Law and Jurisdiction
‍10.1. Applicable Law
‍This Agreement is governed by the laws of Ireland.

10.2. Dispute Resolution
‍Any disputes shall be resolved:
- First through good faith negotiations
- Then through competent courts in Ireland
- In accordance with Irish and EU law

‍11. Changes to Terms
‍The most current version of these Terms will always be available on our website. Any changes we make to these Terms will be published there. Your continued use of the Services after any changes constitutes acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using the Services.

‍12. Contact Information
‍For questions about these Terms, contact us at: CogniStream Ltd, Baseline, 3rd Floor, 61 Thomas St, The Liberties, Dublin 8, D08 W250, Ireland.
hello @ cognistream.ai

Last modified: February 18, 2025