Effective Date: 05/03/2025
Company: Cogniphant OÜ
Legal Address: Järvevana tee 9, 11314, Tallinn, Estonia
Welcome to Cogniphant ("we," "us," "our"). These Terms and Conditions ("Terms") govern the registration and use of accounts on our platform ("Platform"), which is designed for parents, teachers, and educational institutions to access screening tools and resources related to attention, behavioral, and cognitive assessments in children.
We do not allow students (minors) to register by themselves. Instead, students access our Platform using: A unique code provided by a teacher or school administrator, or a parent/guardian account if one has been created for them.
By creating an account or otherwise using our Platform, you agree to these Terms. If you do not agree, please do not register or use our Platform.
By completing the registration process, you confirm that you have read, understood, and agree to be bound by these Terms.
Privacy Policy: Your registration also signifies your acceptance of our Privacy Policy, including any jurisdiction-specific versions (such as the Colombian version). Parental Consent Agreement: If you are registering on behalf of a minor, you also agree to the terms of our Parental Consent Agreement.
We may update these Terms from time to time. We will notify you of any material changes by email or via Platform notifications. By continuing to use the Platform after such updates, you accept any revised Terms.
You must be at least 18 years old to register. If you are registering on behalf of a minor, you must be the parent or legal guardian, or an authorized teacher or school administrator with authority to do so in accordance with local laws (for example, Colombia's child-protection regulations under Decree 1377 of 2013, or Mexico's LFPDPPP provisions).
You agree to provide accurate, current, and complete information during registration. You are responsible for updating any information that changes over time.
If you register as a teacher or school administrator, you represent that you are duly authorized by your educational institution to create and manage accounts for students under your supervision. Schools may have a separate agreement with Cogniphant that outlines data processing responsibilities, compliance measures, and relevant local regulations. These Terms apply to individual teachers and administrators using the Platform; in case of conflict, the school agreement may take precedence.
You are responsible for maintaining the confidentiality of your account credentials (e.g., passwords, unique access codes). You must not share these credentials with unauthorized third parties.
Promptly notify Cogniphant if you suspect any unauthorized use of your account or believe your account security has been compromised.
You are fully responsible for all activities that occur under your account. If you are a teacher or school administrator, you are responsible for distributing student access codes only to authorized individuals.
If you are registering a minor or allowing a minor to use the Platform via a code, you affirm that you are the minor's parent or legal guardian, or an authorized teacher/administrator with the legal right to provide consent. In Colombia, this processing of minors' data must also comply with the special protections outlined in Law 1581 of 2012 and Decree 1377 of 2013. In Mexico, compliance with the consent and notice requirements of the LFPDPPP (Ley Federal de Protección de Datos Personales en Posesión de los Particulares) is required.
After registration, parents are presented with our Parental Consent Agreement, which must be completed electronically. Teachers or administrators must ensure parental consent is obtained in accordance with both institutional policies and all applicable local laws.
Parents may withdraw consent at any time, following the process described in our Privacy Policy and in accordance with local law requirements.
Cogniphant processes personal data in compliance with Estonian laws and the European Union's General Data Protection Regulation (GDPR). We also comply with Colombian data protection laws (Law 1581 of 2012, Decree 1377 of 2013) and Mexican data protection laws (LFPDPPP), among others, to the extent they apply.
Our Privacy Policy (including any local annexes such as the Colombian version) details how we collect, use, store, and share personal data. By registering, you confirm that you have reviewed and agree to the terms of our Privacy Policy.
We employ industry-standard security measures (e.g., encryption in transit and at rest) and primarily store data on secure servers (e.g., Microsoft Azure). While we take reasonable steps to safeguard data, no method of transmission or storage is 100% secure.
Where applicable, you (or the parent/guardian of a minor) have legal rights to access, rectify, delete, oppose, cancel, or port personal data (ARCO rights under Mexican law, habeas data rights under Colombian law). Instructions for exercising these rights are described in our Privacy Policy, including local contact information or regulatory agency contacts where required.
Certain information processed on the Platform may be considered sensitive (e.g., health or behavioral data). By using the Platform, you acknowledge that: You provide explicit consent (where required by law) for such data processing. We only process the minimum necessary data to deliver our screening and assessment services.
All content, assessments, software, text, visuals, and other materials provided on or through the Platform ("Content") are owned by or licensed to Cogniphant, unless otherwise indicated. This Content is protected by intellectual property laws in Estonia, the European Union, and other jurisdictions.
We grant you a limited, non-exclusive, revocable license to access and use the Platform and its Content solely for your personal or authorized institutional purposes in accordance with these Terms. This license does not permit you to reproduce, distribute, modify, or publicly display the Content without our prior written consent.
All trademarks, logos, and service marks ("Marks") displayed on the Platform are the property of Cogniphant or third parties. You are not permitted to use these Marks without our prior written consent or that of the respective owners.
"User-Generated Content" refers to any content, data, or information that you or your students upload, submit, or generate through the Platform (e.g., notes, responses to assessments, comments).
You are solely responsible for the legality, accuracy, and appropriateness of any User-Generated Content. You represent and warrant that you have all necessary rights and consents to upload or share such content, especially if it includes personal data of minors.
By uploading or submitting User-Generated Content, you grant Cogniphant a non-exclusive, worldwide, royalty-free license to host, store, process, display, and reproduce such content as necessary to provide the Platform's services and to comply with our legal obligations.
We reserve the right, but have no obligation, to remove or disable access to any User-Generated Content that we determine, at our sole discretion, violates these Terms or is otherwise objectionable.
Cogniphant typically charges schools or institutions for access to the Platform's screening tools.
If parents or teachers pay directly for Cogniphant services, the applicable fees and payment terms will be provided separately or during a checkout process (if introduced in the future).
Students (minors) are not charged directly; they access the Platform through an account or code provided by a paying institution or guardian.
You agree not to: 1. Provide false, misleading, or fraudulent information. 2. Share or allow unauthorized access to your account credentials. 3. Use the Platform for unlawful or unauthorized purposes or in violation of any applicable laws (including child-protection laws in Colombia and Mexico). 4. Attempt to disrupt or interfere with the Platform's functionality. 5. Bypass or tamper with the Platform's security features. 6. Upload any malware, viruses, or harmful code. 7. Infringe upon the rights of any third party, including intellectual property, privacy, or contractual rights.
We reserve the right (but do not assume the obligation) to monitor your use of the Platform to ensure compliance with these Terms. Violations may result in immediate suspension or termination of your account.
You agree to defend, indemnify, and hold harmless Cogniphant, its officers, directors, employees, and affiliates from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in any way connected with: Your breach of these Terms; Your misuse of the Platform; Your violation of any applicable laws or regulations; Your infringement of any rights of a third party (including intellectual property rights or data protection obligations).
To the maximum extent permitted by law, Cogniphant shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.
Our total liability for any claims arising out of or relating to these Terms or your use of the Platform shall be limited to the amount paid by you (or your institution) for the specific services at issue during the 12 months preceding the date the claim arose, or EUR 100, whichever is greater, unless otherwise required by applicable local law.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence or for willful misconduct.
While Cogniphant's tools and assessments may provide preliminary indicators of attention, executive functions, or other behavioral factors, they are not intended to diagnose or treat any medical condition or replace professional advice. We encourage parents, guardians, and educators to seek professional medical evaluations when concerns about a child's health or development arise.
You may terminate your account at any time by contacting us at info@cogniphant.org. Upon termination, we will delete or anonymize your personal data in accordance with our Privacy Policy and subject to any legal retention requirements (e.g., under Colombian or Mexican regulations).
We reserve the right to suspend or terminate your account if you breach these Terms or engage in prohibited conduct. In certain cases—particularly where a minor's safety or data security is at risk—we may suspend or terminate an account immediately and without prior notice.
Account termination may result in the loss of access to any data or progress stored in the Platform. If you are a teacher or administrator, this may also affect access for students tied to your account. We encourage you to export or save any needed data before terminating your account.
We reserve the right to modify, update, or discontinue any part of the Platform at any time, with or without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform's features or services.
These Terms are governed by the laws of Estonia. However, for matters specifically relating to data protection or consumer protection, the applicable laws of your jurisdiction—such as Colombian or Mexican laws—will prevail if they require different or additional protections.
Any dispute arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Estonia, unless local consumer or educational laws mandate otherwise (for example, if Colombian law requires disputes to be resolved in Colombia).
Nothing in these Terms shall be construed as a waiver of any rights or protections you may have under mandatory local laws, including (but not limited to) child-protection statutes in Colombia and Mexico.
The Platform may contain links to third-party websites or services. Cogniphant does not control and is not responsible for these third-party websites or services, including their content, policies, or practices. Your use of any third-party website or service is at your own risk, and you should review the terms and policies of any third party you engage with.
By registering for an account, you consent to receive electronic communications from Cogniphant (e.g., email, Platform notifications) regarding your account, updates to these Terms, and other important information related to your use of the Platform. You agree that any such notices, agreements, disclosures, or other communications satisfy any legal communication requirements, including those in writing.
These Terms, together with our Privacy Policy and any other legal documents referenced herein, constitute the entire agreement between you and Cogniphant concerning the Platform.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. We may assign these Terms without restriction.
If you have any questions or concerns about these Terms, please contact us: Email: info@cogniphant.org, Phone/WhatsApp: +34 601 007 853, Address: Järvevana tee 9, 11314, Tallinn, Estonia
By creating an account or otherwise using our Platform, you acknowledge that: You have read, understood, and agree to these Terms; You consent to the collection and use of your information (and, if applicable, the minor's information) as set forth in our Privacy Policy; Where local laws require, you are confirming that you have the lawful authority to provide consent on behalf of a minor.
Last Updated: 05/03/2025