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Terms of Use

For Clients/Patients

Effective Date: April 11, 2025
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Note: This English version is provided for convenience. If you reside in Quebec (or another region requiring a French version), you will be provided with a French translation (the “Version Française”). In the event of a conflict between this English version and the French version, the French version will prevail for Quebec users.
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1. Acceptance of These Terms

Welcome to Cognitai Health Inc. (“Cognitai,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your use of the Cognitai mobile apps, web portals, and related online services (collectively, the “Client Platform”) as a patient/client (“you”). Only licensed mental health professionals or other authorized organizations (“Inviters”) may grant you access.

By creating an account, clicking “I Agree,” or otherwise using the Client Platform, you acknowledge that you have read, understand, and agree to these Terms and to our Privacy Policy for Clients/Patients (the “Privacy Policy”). If you do not agree, do not use the Client Platform.

  1. Language Notice (Quebec).
    In Quebec, you have the right to these Terms in French. We will provide a French translation upon request or by default if you register from Quebec.
     

  2. Consumer Rights.
    Nothing in these Terms is intended to limit any legal rights or remedies that cannot be waived under applicable law (including Quebec’s Consumer Protection Act and civil law).
     

2. Age Requirements and Parental/Guardian Consent

  1. Adult Users (18+).
    The Client Platform is intended for individuals who are at least 18 years old (or the age of majority in your jurisdiction).
     

  2. Minor Users.
     

    • If you are a parent or legal guardian granting a minor access to the Client Platform, you must ensure valid consent is obtained under applicable laws (e.g., PIPEDA, Quebec’s Law 25).
       

    • You accept full responsibility for supervising the minor’s use and ensuring compliance with these Terms.
       

  3. Responsibility of the Provider (Inviter).
     

    • The Provider inviting you (or a minor) is responsible for verifying age requirements and compliance with any parental-consent obligations.
       

3. Description of the Client Platform

  1. Purpose.
    Cognitai provides AI-assisted analytics, worksheets, symptom tracking, and wearable integrations that help mental health professionals (“Providers”) monitor and support patients. You may input personal data, journal entries, or connect wearable devices at your Provider’s request.
     

  2. Not a Healthcare Provider.
    Cognitai does not provide independent therapy, diagnosis, or treatment. All final healthcare decisions rest with your Provider.
     

  3. Wearable/Device Integration.
    If you integrate wearable devices, you consent to the secure collection of heart rate, sleep, and similar metrics, solely to generate insights for you and your Provider.
     

4. No Medical Advice

  1. Informational Only.
    Any text, AI-driven suggestions, or automated notifications you see are for informational purposes. They do not constitute medical advice or a substitute for professional judgment.
     

  2. Contact Your Provider.
    Always seek your licensed Provider’s advice regarding mental health questions or treatment decisions. In emergencies, call 911 or local emergency services.
     

  3. No Guarantee of Results.
    Cognitai disclaims any warranty that the platform will improve your health or produce specific therapeutic outcomes.
     

5. Data Protection and Privacy

  1. Privacy Policy.
    By using the Client Platform, you consent to the collection, use, and sharing of your data as described in the Privacy Policy. This includes potentially storing or processing data outside your home jurisdiction, subject to legal safeguards.
     

  2. Explicit Consent (Quebec, PIPEDA).
    Where required by law, you will be asked to provide explicit consent for any sensitive data processing (e.g., wearable integration, research usage). You can revoke these consents at any time within the Client Platform or by contacting us.
     

  3. Data Sharing with Your Provider.
     

    • Your data is visible to your assigned Provider(s) unless/until you revoke their access in the settings.
       

    • If you remove a Provider’s access, that Provider can no longer view new updates or data you generate.
       

  4. Records of Consent.
    Cognitai keeps records of your consent choices to comply with local laws (including Quebec’s Law 25).
     

6. Registration and Account Security

  1. Accurate Information.
    You agree to provide accurate and up-to-date information.
     

  2. Account Credentials.
    You must keep login details confidential. Promptly notify us at trust@cognitai.org if you suspect unauthorized use.
     

  3. Revocation by Cognitai or Your Provider.
    We or your Provider may suspend or terminate your account if you breach these Terms or if you no longer receive services from that Provider.
     

7. Acceptable Use

  1. Prohibited Conduct.
    You must not:
     

    • Violate any applicable law in your use of the Client Platform.
       

    • Upload unlawful, harassing, or infringing content.
       

    • Attempt to hack, reverse-engineer, or disrupt the Client Platform’s security.
       

    • Use the platform for commercial promotion or third-party services.
       

  2. Non-Commercial Use.
    Your license is limited to personal, mental-health-support usage. You may not resell or re-license the platform’s content.
     

8. User Content

  1. Ownership and License.
    You own the rights to the content (journal entries, health metrics, etc.) you provide. By submitting it, you grant Cognitai a limited license to store, process, and display it only for the purposes outlined in these Terms and the Privacy Policy.
     

  2. De-Identification & Aggregation.
    Cognitai may remove identifiers (de-identify) or aggregate your data for internal analysis or improvement of our services, in compliance with local laws.
     

  3. Responsibility for Your Content.
    You are responsible for ensuring that your submissions do not violate the rights of others or any law.
     

9. Intellectual Property

  1. Cognitai IP.
    Cognitai retains ownership of all intellectual property and content provided within the Client Platform (excluding your User Content).
     

  2. License to You.
    We grant a limited, non-transferable license for you to use the Client Platform, subject to these Terms. We may revoke it if you breach the Terms.
     

10. Disclaimer of Warranties

  1. Provided “As Is.”
    To the maximum extent permitted by law, the Client Platform is provided “as is” and “as available,” without warranties or conditions of any kind.
     

  2. No Medical Guarantee.
    Cognitai disclaims any warranty that the platform will be error-free or that it will meet your healthcare needs. All treatment decisions rest solely with your Provider.
     

  3. Jurisdictional Limitations.
     

    • If your local law (e.g., Quebec law) prohibits disclaimers of certain warranties, those parts of this section may not apply to you.
       

11. Limitation of Liability

  1. Exclusion of Damages.
    To the fullest extent permitted by law, Cognitai shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost data or personal injury claims arising from use of the Client Platform.
     

  2. Liability Cap.
    In no event will Cognitai’s total liability exceed the fees (if any) you paid to Cognitai (or to your Provider on your behalf) in the three (3) months prior to the liability event.
     

  3. Consumer Protection.
     

    • Some provinces, including Quebec, have consumer protection statutes that may override or limit the enforceability of disclaimers/limitations. In such places, Cognitai’s liability is limited to the fullest extent allowed by applicable law.
       

12. Indemnification

You agree to indemnify and hold harmless Cognitai, its directors, employees, and agents from any damages, liabilities, or expenses (including legal fees) arising from: (a) your violation of these Terms, or (b) any claim that your User Content infringes a third party’s rights, except to the extent caused by Cognitai’s breach of these Terms or our negligence.

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13. Modification or Termination

  1. Modification of Terms.
     

    • We may update these Terms from time to time. If we make significant changes, we will provide at least fifteen (15) days’ notice via email or in-app notification. Your continued use after the effective date constitutes acceptance of the revised Terms.
       

    • Quebec users will be notified in a manner consistent with local law (e.g., a notice in French).
       

  2. Termination by Cognitai or Provider.
     

    • We or your Provider may suspend or terminate your account if we believe you violated these Terms or if you no longer require the service.
       

    • We endeavor to give notice where feasible, but in emergencies or legal constraints, we may terminate immediately.
       

  3. Termination by You.
     

    • You can close your account at any time by contacting support or using in-app account deletion options. If we must retain certain data for legal reasons, we will do so in compliance with privacy laws (e.g., HIPAA, PIPEDA, Quebec’s Law 25).
       

  4. Survival.
    Provisions like intellectual property, disclaimers, and limitation of liability survive termination.
     

14. Governing Law & Dispute Resolution

  1. Governing Law.
    These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-law rules.
     

  2. Jurisdiction.
    You agree to submit to the exclusive jurisdiction of the courts located in Montreal, Quebec.
     

  3. Mandatory Provisions.
    If your local law requires other dispute resolution processes or imposes consumer protection mandates, those laws prevail where applicable.
     

15. Additional Quebec and Canadian Provisions

  1. French Language Clause.
    Where required by Quebec law, these Terms and any related notice or communication will be provided in French.
     

  2. Data Residency & Transfer.
    If your data is processed outside Quebec or Canada, Cognitai ensures compliance with lawful transfer mechanisms, contract clauses, or privacy impact assessments under Law 25 and PIPEDA.
     

  3. No Waiver of Statutory Rights.
    Nothing in these Terms shall be interpreted to waive or limit your rights under Quebec’s Consumer Protection Act or other mandatory laws.
     

16. General Provisions

  1. Entire Agreement.
    These Terms, plus the Privacy Policy, constitute the entire agreement regarding your use of the Client Platform. Any prior agreements or understandings are superseded.
     

  2. Severability.
    If any provision is found invalid, the remaining provisions remain in full force.
     

  3. No Waiver.
    A delay or failure to enforce any provision does not waive our right to do so later.
     

  4. Assignment.
    Cognitai may assign or transfer its rights and obligations under these Terms without restriction.
     

  5. Contact Us.

Transparency matters. Have concerns or questions? Contact our Trust Team at trust@cognitai.org or write to us at:
Cognitai Health Inc.
1250 Rue Guy, Suite #600
Montréal, QC H3H 2L3
 
By clicking “I Agree” through onboarding process or otherwise using the Client Platform, you affirm that:
  • You have read and understood these Terms.
  • You understand that Cognitai is not a healthcare provider and does not replace professional therapy or medical advice.
  • You agree to comply with these Terms and our Privacy Policy, subject to any non-waivable rights under applicable law.
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These Terms of Use are a living document. As our services, technologies, and applicable laws evolve, we may update these Terms to reflect such changes. We encourage users to review the Terms periodically. Your continued use of the Platform constitutes your acceptance of any updated terms.
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