Wellness Test Terms of Service

Important wellness notice. CogniSci Labs provides an informational saliva-based wellness service. Our Testing Kits, reports (including any “CerebralScore^TM”), sites, and apps do not diagnose, treat, cure, or prevent disease and are not a substitute for care from a licensed healthcare professional. Using our Services does not create a doctor–patient relationship. If you are experiencing a medical emergency, call your local emergency number immediately.

FDA & CLIA. For general wellness and educational use only; not FDA-cleared or FDA-approved. Any laboratory processing is performed by independent CLIA-certified and/or state-licensed laboratories on a non-diagnostic basis.

1) Scope

1.1 Services. These Terms of Service (the “Terms”) govern your access to and use of CogniSci Labs, Inc. (“CogniSci,” “we,” “us,” “our”) websites, applications, Testing Kits, saliva-collection logistics, laboratory facilitation, wellness reports, dashboards, and related content/features (collectively, the “Services”).

1.2 Agreement. By using the Services, you agree to these Terms.

1.3 Accessibility (ADA)

• Commitment. We strive to make the Services accessible and aim to conform materially with WCAG 2.1 AA where feasible.
• Contact. If you use assistive technology and encounter barriers, email accessibility@cognisci.ai and support@cognisci.ai with the page/feature, issue, and assistive tech used.
• Response. We will take reasonable steps to provide accessible alternatives and to improve our Services.

1.4 Plain-Language Overview (non-binding)

• Wellness only. CogniSci offers a saliva-based wellness service for general wellness and education—not medical care or diagnosis.
• Labs. Any laboratory processing is performed by independent CLIA-certified and/or state-licensed laboratories on a non-diagnostic basis.
• Reports. Reports (including any CerebralScore^TM) are informational only; consult your clinician before medical decisions.
• No adverse decisions. Do not use results for employment, insurance, housing, credit, immigration, legal identification, or education decisions.
• Sharing. You control who sees your Reports; sharing with a clinician may place them in your medical record.
• Privacy. We handle Personal Information under our Privacy Policy; you may request deletion.
• E-messages. Electronic notices/SMS are part of the Service; message/data rates may apply.
• Support. Questions? support@cognisci.ai.

2) Acceptance & Changes

2.1 Acceptance. By creating an account, placing an order, submitting a saliva sample (“Sample”), or viewing a report, you: (a) accept these Terms; (b) agree our Privacy Policy is incorporated; and (c) consent to electronic communications. By creating an account or purchasing a Testing Kit, you affirmatively acknowledge and agree to §§20–21 (Choice of Law, Venue & Arbitration/Class Waiver).

2.2 Updates. We may update the Terms and will post the effective date; where practicable, we will give ≥30 days’ notice of material changes (e.g., email or in-product). Continued use after the effective date signifies acceptance.

2.3 Electronic Signatures & Communications (ESIGN)

• Consent. You consent to receive disclosures, notices, records, and other communications via electronic means (email, portal, push, SMS). Clicks/taps/keystrokes to accept/agree constitute your electronic signature.
• Withdrawal. You may withdraw ESIGN consent via support@cognisci.ai; withdrawal may limit or delay Services and may require paper mail for some functions.
• Requirements. You need a modern browser, valid email/phone, and storage/printing capability. Keep contact info current; we aren’t responsible for messages blocked by filters/settings/carriers.

3) Eligibility

3.1 Age/location. Services are for individuals ≥18 in jurisdictions where offered. We do not knowingly collect Samples from, or create accounts for, those under 18.

3.2 Capacity. You use the Services in your individual capacity; if for an entity, you represent authority to bind that entity.

3.3 No employer screening. Organizations may not use the Services for employment or similar evaluations.

3.4 Representation. By account creation or purchase, you represent you are ≥18 and will not permit use by anyone under 18.

4) Definitions

4.1 Account. Profile you create to access Services.
4.2 Affiliates. Parent/subsidiary/controlled entities and their officers, directors, employees, agents, contractors.
4.3 CerebralScore^TM. AI-derived wellness index (0–100) reflecting pattern similarity to reference wellness patterns; not a diagnosis.
4.4 Content. Text, graphics, images, software, visualizations, audio, video, reports, PDFs, dashboards, educational materials, and other items in the Services (excluding User Content and Personal Information).
4.5 De-identified/aggregated data. Data that does not reasonably identify an individual; used for analytics/model improvements with measures not to re-identify.
4.6 E-messages. Electronic communications we send (email, SMS, push, in-product).
4.7 Lab Partner(s). Independent laboratories/clinical partners assisting with accessioning, processing, analysis.
4.8 Mobile App. Any CogniSci app you download.
4.9 Payment Information/Method. Your payment credentials and remittance means.
4.10 Personal Information. As defined in our Privacy Policy; includes information that identifies or can reasonably identify you.
4.11 Reports. Informational wellness outputs (PDFs, dashboards, charts, indices like CerebralScore^TM); for general wellness/education only.
4.12 Sample. Saliva sample collected via our Testing Kit and submitted for processing.
4.13 Services. Websites, applications, Testing Kits, logistics, lab facilitation, reports, dashboards, educational materials, and other offerings referencing these Terms.
4.14 Testing Kit. Saliva collection kit supplied by or for CogniSci.
4.15 Third-Party Offerings. Third-party sites, apps, providers, content, devices, ads, couriers, payment processors, telehealth services.
4.16 Usage data. Metrics/logs related to access/use of Services.
4.17 User Content. Information/feedback/text/images/materials you submit/upload (excluding Sample and lab outputs).
4.18 Claims. All claims, disputes, controversies, matters, causes of action.
4.19 Losses. All liabilities, harms, losses, debts, damages, awards, expenses, fees, costs, penalties, fines.
4.20 You. Individual user and any entity on whose behalf the individual uses the Services.

5) Non-Medical Nature; No HIPAA-Covered Services; Emergencies

5.1 No professional advice. Content/Reports are not medical, legal, insurance, or financial advice.
5.2 No medical advice. Information (including the CerebralScore^TM) is for wellness/education only; consult a clinician before medical decisions.
5.3 No diagnosis/treatment. Not designed for clinical diagnosis, staging, or treatment guidance.
5.4 No doctor–patient relationship. Use does not create a healthcare professional relationship with CogniSci.
5.5 HIPAA status. CogniSci is not a HIPAA-covered entity. Independent labs/clinicians engaged by you may be HIPAA-covered; their policies apply.
5.6 Emergencies. Call local emergency number immediately if you believe you are experiencing an emergency.
5.7 Regulatory status. Testing Kits/Reports are for general wellness/education; not FDA-cleared/approved. Any lab work is non-diagnostic and performed by independent CLIA-certified and/or state-licensed labs. We do not use/disclose information in violation of GINA.

6) Privacy & Data Practices

6.1 Policy incorporated. Our Privacy Policy explains collection/use/sharing and choices; it is incorporated herein.
6.2 Labs handle Samples. Independent Lab Partners receive/handle/process Samples; their terms govern collection/storage/analysis/retention.
6.3 Facilitation. You authorize logistics coordination and transmission of Personal Information to provide Services; we may share Reports with your designated recipients. We may create/use de-identified/aggregated data for analytics and model improvement and will not attempt to re-identify.
6.4 State privacy choices. Where required, you may opt out of sale/sharing and certain profiling with significant effects; see Privacy Policy. We do not sell biometric identifiers/biometric information.
6.5 Research consent (optional). Separate, voluntary Research Consent may be presented; participation is not required and is governed by that consent. CogniSci does not provide discounts or other financial incentives in exchange for Research Consent.
6.6 Cross-border transfers. We may transfer Personal Information to service providers in/outside the U.S. with appropriate safeguards (e.g., DPAs, SCCs). Core processors are listed in our Privacy Policy or in-product notices.
6.7 Your choices. Manage marketing preferences in-account or via opt-out links; transactional messages are necessary for Services.
6.8 Cookies. See Privacy Policy for tracking technologies and controls; Services may not respond to all DNT signals.
6.9 Access/portability. Where required, request machine-readable exports at privacy@cognisci.ai (subject to verification).
6.10 Security incidents. We will investigate and provide legally required notices if a breach affects your Personal Information.
6.11 Retention/deletion (SLAs). We retain Personal Information only as reasonably necessary to provide Services, comply with Terms/Privacy Policy, or as required by law. Upon a verified request to privacy@cognisci.ai, we will: (i) promptly begin processing; (ii) delete or de-identify active-system copies within 30 days; and (iii) delete or cryptographically isolate routine backups/logs within an additional 90 days, subject to legal/audit/fraud/security retention needs. Aggregated/de-identified data may be retained.
6.12 Sample ownership/retention. You own your Sample until a Lab Partner receives it; thereafter the Lab Partner’s policies/law govern handling/storage/retention/destruction. Absent separate consent, processing is limited to generating the Report. You may request destruction as permitted by law and the Lab Partner’s policy. De-identified/aggregated data may be retained per our Privacy Policy.
6.13 Biometric/genetic notices. We do not sell biometric identifiers or biometric information. State-specific biometric/genetic notices/consents (including retention/destruction schedules) are incorporated where required.

7) Accounts, User Responsibilities & Acceptable Use

7.1 Accuracy/security. Provide true, current, complete information; safeguard credentials; enable 2FA where offered; maintain device security; notify us of unauthorized use.
7.2 Personal, lawful use. Use for your own non-commercial wellness purposes and in compliance with law.
7.3 Prohibited actions (examples). Do not misrepresent, impersonate, defraud, harass, exploit, submit unlawful/defamatory/obscene/discriminatory/infringing content, collect/disclose others’ data without rights, attack/overload/disrupt systems, introduce malware, scrape/crawl/index (except standard public search indexing), circumvent security, reverse-engineer where restricted, deep-link/frame/mirror without permission, violate export controls, or use for evaluations of employees/tenants/students/insurance.
7.4 Additional prohibitions. Do not submit Samples from others without valid authorization and any verification we require; do not use for immigration, law-enforcement, legal identification, familial surveillance, or forensic identification. Government agencies may not use the Services for identification/surveillance/criminal/immigration purposes.

7.5 Export Controls & Sanctions
(a) Compliance. You represent you are not located in or ordinarily resident of comprehensively embargoed regions (e.g., Cuba, Iran, North Korea, Syria, Crimea/Donetsk/Luhansk), are not on restricted-party lists, and will not violate U.S. export/sanctions laws.
(b) Screening. We may conduct sanctions screening and suspend/terminate access if risk/legal status changes.

8) Intellectual Property, Limited License & Apps

8.1 Ownership. The Services and Content are owned by CogniSci or licensors and protected by IP laws.
8.2 Limited license. Subject to these Terms, we grant a limited, revocable, non-exclusive, non-transferable, non-sublicensable license for personal, non-commercial wellness use.
8.3 Trademarks. “CogniSci,” “CogniSci Labs,” “CerebralScore^TM,” and logos are our marks. No use without prior written permission. Third-party marks belong to their owners.
8.4 User Content & feedback. You grant us a worldwide, royalty-free, transferable, sublicensable license to use submissions to operate/improve/market the Services, consistent with our Privacy Policy; you represent you have necessary rights.
8.5 App stores. Mobile App use is also subject to Apple/Google terms; CogniSci is responsible for the app. Apple/Google may be third-party beneficiaries of this paragraph.
8.6 Open source. Open-source components may be provided under separate licenses; see in-app notices.

9) Ordering, Payments, Refunds & Financial Topics

9.1 Orders/pricing. Orders authorize shipment of a Testing Kit and related communications. Prices may change prior to purchase; taxes/shipping/handling may apply. We may cancel/refuse orders for suspected fraud/abuse, mispricing, or supply issues.
9.2 Payment. Provide a valid payment method; you authorize charges for amounts due. Failed payments may suspend access; chargebacks after valid kit/result may lead to suspension and collection.
9.3 Private-pay only. We do not accept insurance or submit claims; you agree not to submit to government programs. You are responsible for tax documentation as applicable.
9.4 Eligible expenses. HSA/FSA/HRA eligibility depends on your plan; no guarantee of reimbursement.
9.5 Refunds/cancellations. If not shipped, you may cancel for a refund. After shipment—or once a Sample is received—refunds are limited. If a Sample is rejected, we may offer one complimentary re-collection kit or a partial refund at our discretion; shipping/handling typically non-refundable unless required by law. In-person collections (if offered) may have separate windows/fees.
9.6 Unclaimed property. Amounts owed to you that remain unclaimed after reasonable contact efforts may be handled under applicable escheat laws.
9.7 Taxes. You are responsible for applicable taxes unless collected at checkout.
9.8 Promotions. Subject to offer terms; may be modified/discontinued prior to redemption.
9.9 Shipping, title, risk of loss. Title/risk transfer upon carrier delivery to the address you provide. If you do not choose signature-required (where available), deliveries may be left and you assume risk of loss/theft after delivery.

9.10 Refund windows (quick reference).

• Not shipped: Refundable upon timely cancellation (processor fees may be excluded where permitted; taxes refunded where required).
• Shipped (delivered/in transit): Limited; shipping/handling/admin fees typically non-refundable; you may owe return shipping where permitted.
• Sample received by Lab Partner: Generally not refundable; if rejected, one complimentary re-collection kit or partial refund at our discretion; local law may add rights.

9.11 Auto-renewal (subscriptions)
(a) Terms. Subscriptions auto-renew at then-current price until canceled. Renewal terms, price, frequency, and cancellation method will be presented clearly before purchase. At checkout you will be shown a required checkbox acknowledging auto-renewal price, frequency, and cancellation terms before purchase.
(b) Cancellation. Cancel any time; effective at end of current term. We will provide advance notice of any material price increase and how to cancel.

9.12 Online cancellation
(a) How. Cancel through Account → Billing or by emailing support@cognisci.ai; we will confirm without unreasonable delay.
(b) California disclosures. Before purchase, we present auto-renewal terms clearly/conspicuously, obtain affirmative consent, and provide acknowledgment with terms and easy online cancellation.

10) Sample Collection, Shipping, Rejection & Re-collection

10.1 Follow instructions. Use provided materials/carrier; return promptly. Delays, temperature extremes, improper packaging can compromise integrity. Labs may reject Samples (e.g., insufficient volume, leakage, contamination, labeling errors, expired kits, delayed transit, failure to follow instructions). If rejected, we may send one replacement at our discretion; further re-collections may require a new purchase. No guarantee any Sample will yield analyzable data or a Report.
10.2 License to process. By submitting a Sample, you grant CogniSci and Lab Partners a limited, revocable license to use/process/analyze the Sample and derived data to provide Services, perform QA, maintain/improve accuracy/reliability, and meet legal/regulatory/audit obligations.
10.3 Pre-collection guidance. As specified by your kit, avoid eating/drinking (other than water), gum, brushing/flossing, mouthwash, or tobacco/nicotine ≥30 minutes before collection. Illness/exercise/time-of-day/medications/supplements may influence results.
10.4 Jurisdictional limits. Orders may be restricted to jurisdictions permitting consumer wellness testing.

11) Laboratory Partners, Specimens & Test Limitations

11.1 Independent labs. We may work with independent Lab Partners; they are not our employees/agents.
11.2 Model scope. Our wellness model evaluates patterns to generate non-clinical insights (e.g., CerebralScore^TM). Limitations include Sample quality, model scope, reference data, evolving science.
11.3 Turnaround. Timing estimates are not guaranteed; factors (weather, carrier disruptions, QC, integrity issues, regulatory/public-health orders) may extend timing.
11.4 Jurisdictional restrictions. We do not offer/ship Services where consumer-initiated wellness testing is restricted.
11.5 Clinician involvement. Where required, an independent, state-licensed clinician may be involved for limited administrative purposes; this is not a diagnostic test order.
11.6 Alert Calling (if applicable). In some jurisdictions, an independent clinician may contact you regarding results appearing to warrant attention. You authorize such outreach and waive claims related to good-faith Alert Calling. It is not diagnosis/treatment/medical advice and does not replace your clinician. Separate clinician/telehealth services are governed by their own terms/privacy; fees (if any) are shown at purchase and typically non-refundable unless required by law.

12) Reports, Interpretation & Result Communications

12.1 Wellness use only. Reports/scores are for wellness education only; not a basis to start/stop medications or treatments without consulting a clinician.
12.2 Personal license. We grant you a personal, limited, non-transferable, non-sublicensable license to download/view/share Reports for your non-commercial wellness use only. No selling/licensing/publishing/public performance/exploitation (including CerebralScore^TM) for commercial, research publication, advertising, or adverse decision uses.
12.3 No adverse decisions. You agree not to use Reports/Services for employment, housing, credit, education, or insurance eligibility/underwriting/pricing decisions.
12.4 Delivery & SMS. We notify you when Reports are ready (email/phone) and make them available in the portal; delivery may be delayed/blocked by filters/settings/carriers; maintain accurate contact details.
12.5 Identity verification. We may require verification (re-authentication, codes, etc.) for access to Reports and certain account changes.
12.6 SMS consent. By providing a mobile number, you consent to transactional SMS (orders, results, scheduling, account). Message frequency varies; reply STOP to unsubscribe and HELP for help. We do not charge for SMS; carrier rates may apply. Marketing texts require separate opt-in and can be opted out at any time; transactional texts may still be sent.

13) Third-Party Services, Links & Content

13.1 No endorsement/warranties. References or interoperability with Third-Party Offerings do not constitute endorsement; third-party terms/privacy govern their offerings.
13.2 Responsibility. To the fullest extent permitted by law, we are not responsible for third-party acts/omissions/content/schedules/cancellations/delays/data handling/results; you agree to hold CogniSci harmless from related claims.
13.3 Moderation. We may remove third-party or user content in our discretion.

13.4 Beta Features
(a) Nature. Features labeled beta/preview/evaluation are provided as-is, may change or be discontinued, and are excluded from commitments/SLAs.

14) Service Operation, Monitoring & Your Systems

14.1 Your systems. You are responsible for devices/software/connectivity/security needed to use the Services and assume risks of using open networks.
14.2 Monitoring. We may monitor access/use to operate/secure/improve Services and enforce these Terms.
14.3 Changes. We may modify/discontinue features; no guarantee of compatibility with specific devices/OS/browsers/networks.

15) Deactivation, Suspension & Termination

15.1 Your request. Request deactivation or deletion via support@cognisci.ai.
15.2 Our action. We may suspend/terminate access for violations or risks to Services/others; accounts with no sign-ins for 24 months may be deactivated after notice.
15.3 Survival. §§5–6, 8–13, 18–23, and provisions that by nature survive will survive termination. We may retain/use certain Personal Information per law and our Privacy Policy.

16) Additional User Representations & Allocation of Risk

16.1 Your judgment. You are solely responsible for deciding suitability of Services/Third-Party Offerings, whether to seek clinical care, and whether to follow third-party opinions/plans.
16.2 Instructions. You agree to follow instructions from CogniSci, Lab Partners, and applicable providers.

17) Disclaimers

17.1 As-is / as-available. Services, Testing Kits, Reports (including CerebralScore^TM), and related Content/features are provided “as is,” “as available,” and “with all faults,” without warranties (express, implied, statutory), including merchantability, fitness, title, non-infringement, accuracy, or quiet enjoyment.
17.2 No clinical promises. CogniSci does not practice medicine and does not control or guarantee third-party advice/services.
17.3 Performance/availability. We do not warrant uninterrupted/timely/secure/error-free operation, defect correction, completeness/precision/currency of Content (including Reports), or availability of information at any given time.
17.4 Security. We employ safeguards but cannot guarantee perfect security or freedom from unauthorized access/malware/DDoS/other harmful events; you transmit at your own risk. Nothing herein limits liability where prohibited (e.g., recklessness/intentional misconduct).

18) Limitation of Liability; Waiver of Injunctive Relief; California 1542 Waiver

18.1 Damages excluded. To the fullest extent permitted by law, CogniSci and our Affiliates are not liable for consequential, indirect, incidental, special, exemplary, or reliance damages; lost profits/business/opportunity; loss/corruption of data; interruption; reputational or privacy harms; property damage; or cost of substitutes—regardless of theory, foreseeability, notice, or failure of essential purpose.
18.2 Liability cap. Maximum aggregate liability is the greater of (i) US $100 or (ii) amounts you actually paid for the specific Service/product giving rise to the claim. Exclusions: (a) your indemnification obligations; (b) liability that cannot be limited by law; (c) to the extent finally determined to be directly/proximately caused by CogniSci’s recklessness or intentional misconduct, or claims alleging bodily injury/death directly/proximately caused by CogniSci/affiliates.
18.3 No injunctive relief. You will not seek to enjoin/restrain CogniSci’s operation of the Services; your exclusive remedy is to stop using the Services. If a court finds this waiver unenforceable as to a claim, that claim may proceed without orders restraining operations.
18.4 California §1542 waiver. If you are a California resident, you waive Civil Code §1542 and comparable statutes/doctrines to the extent permitted by law.

19) Indemnification

19.1 Your obligations. To the fullest extent permitted by law, you will indemnify, defend, and hold harmless CogniSci and Affiliates from Claims/Losses (including reasonable attorneys’ fees) arising from: (a) your use/misuse of Services, Testing Kits, or Third-Party Offerings; (b) actions you take (or don’t) in response to Reports/Content; (c) information you provide (including User Content/Personal Information) and alleged violations of third-party rights; (d) failure to protect your account/credentials; (e) breach of these Terms.
19.2 Limits. You are not required to indemnify CogniSci for Claims finally determined to result from CogniSci’s sole negligence, recklessness, or intentional misconduct where such indemnity is prohibited by law.
19.3 Defense control. We may control defense/settlement at your expense and will make a good-faith effort to notify you of any such claim.

20) Choice of Law & Jurisdiction

20.1 Choice of law. Claims arising out of or relating to CogniSci, Affiliates, Services, products, transactions, Third-Party Offerings, and/or these Terms are governed by Texas law, without regard to conflicts rules, except to the extent preempted or inconsistent with federal law.
20.2 Venue/jurisdiction. Except to the extent a Dispute is arbitrated or brought in small-claims court per §21, all disputes must be litigated in state or federal courts in Austin, Texas; both parties waive defenses of lack of personal jurisdiction, improper venue, or forum non conveniens.
20.3 U.S.-only use; foreign access. The Services are operated from the U.S. and intended for U.S. users. If you access from outside the U.S., you do so at your own risk, must comply with local law, and consent to U.S. processing.

21) Dispute Resolution by Binding Arbitration (Please Read Carefully)

21.1 Scope. You and CogniSci agree that all disagreements/disputes/claims (“Disputes”) will be resolved exclusively by final/binding arbitration, except as stated. “Dispute” includes those arising before these Terms and after termination.
21.2 Exceptions. Either party may bring individual claims in small-claims court (if eligible and kept there).
21.3 No jury. YOU AND COGNISCI WAIVE JURY TRIAL RIGHTS. Court review is limited.
21.4 No class/representative actions. Claims may be brought only in an individual capacity; no class/representative/collective/PAGA actions. If a court finds the class-waiver unenforceable solely for public-injunctive relief, that claim may proceed in court while others proceed in arbitration/small-claims.

21.5 Informal resolution (45 days). Before arbitration/small-claims, parties will try to resolve in good faith. Send written Notice to legal@cognisci.ai or CogniSci Labs, Inc., Attn: Legal, 330 S Second Ave Suite 200 1364, Minneapolis, MN 55401, with your contact details, counsel (if any), and description/relief requested. Either party may request a telephonic meet-and-confer. Limitations periods are tolled during this 45-day process.

21.6 Rules/forum. The FAA governs this §21. If unresolved after 45 days, either party may commence arbitration administered by NAM under its consumer rules (and Mass Filing Supplemental Rules if applicable), as modified by this §21. If NAM is unavailable/unsuitable, AAA or JAMS consumer rules apply, as modified. Hearing in Austin, Texas, or at your election, your county of residence (unless both agree otherwise or batch procedures apply).
21.7 Demand. The initiating party must send a Demand including contact info, account email, statement of claims/facts, requested relief with good-faith USD estimate, certification of informal resolution completion, and statement agreeing to pay filing fees. Counsel (if any) must sign and certify per Fed. R. Civ. P. 11(b).
21.8 Arbitrator/authority. A retired judge or Texas-licensed attorney from the forum’s consumer roster will serve. The arbitrator decides all Disputes (including enforceability/scope/validity of this §21) except class-waiver enforceability (court decides). Written award with essential findings/conclusions; judgment may be entered in any court with jurisdiction.
21.9 Fees/costs. Your fee responsibility is per forum rules; if you show arbitration costs would be prohibitive versus litigation, CogniSci will pay amounts the arbitrator deems necessary to avoid prohibitive costs.
21.10 Batch arbitration. If 25+ substantially similar Demands are filed against CogniSci by/with the same counsel in a proximate period, the forum shall batch in groups up to 100, appoint one arbitrator per batch, and resolve each batch on a consolidated basis (single fee set, schedule, hearing, and award providing individualized relief). A Procedural/Emergency Arbitrator decides disagreements about batching. This is not class/representative arbitration.
21.11 Confidentiality. Arbitration materials are confidential and may be shared only with advisors who agree to keep them confidential.
21.12 Offer of judgment. At least 14 days before hearing, any party may serve an offer of judgment. If not accepted and the offeree fails to obtain a more favorable award, the offeree will not recover post-offer costs and shall pay the offeror’s costs from the offer date.
21.13 Attorneys’ fees. Each party bears its own attorneys’ fees/costs, except as provided by law or for frivolous/improper claims per Fed. R. Civ. P. 11(b) standards.
21.14 Opt-out. You may opt out within 30 days of first becoming subject to §21 by sending written notice to legal@cognisci.ai or the postal address above, stating your name, mailing address, account email, and clear intent to opt out.
21.15 Severability; venue fallback. Except for the class-waiver (handled above), if any part of §21 (other than batching) is unenforceable, it is severed and the remainder remains. If batching is unenforceable, this §21 is void and Disputes proceed in the courts in §20.2.
21.16 Future changes. We may modify §21 prospectively with ≥30 days’ notice. You may reject any material change by written notice within 30 days; the prior version then continues to apply to you. Continued use after the effective date without timely rejection signifies acceptance.

22) Miscellaneous

22.1 Assignment; successors. You may not assign/delegate/transfer rights/obligations without our written permission; any attempt is void. We may freely assign/delegate/transfer (including merger/acquisition/reorg/sale/change of control). These Terms bind and benefit permitted successors/assigns.
22.2 Force majeure. Neither party is liable for delays/failures (other than payment) caused by events beyond reasonable control (acts of God; disasters; epidemics/pandemics and public-health orders; war/terrorism/unrest; labor disputes; governmental actions; embargoes; carrier/supply/utility failures; power/cyber outages; DDoS/attacks; similar events). Performance is excused for the event’s duration with commercially reasonable mitigation.
22.3 Severability. Unenforceable provisions are construed narrowly and severed; the remainder remains in effect. Unenforceability in one jurisdiction does not affect others.
22.4 Translations; headings; construction. Translations are for convenience; English controls. Headings are non-binding. No presumption against the drafter. “Including” means “including without limitation.” “Service/Services/Service(s)” are interchangeable.
22.5 Waivers; amendments. No waiver unless written, signed by an authorized representative, and expressly identified as a waiver. Amendments per §2 or signed writing.
22.6 Notices. We may notify via email, in-product, SMS, mail, or postings. Your notices must be delivered by personal delivery, overnight courier (prepaid), or certified/registered mail (RRR, prepaid) to the address on our website or CogniSci Labs, Inc., Attn: Legal, 330 S Second Ave Suite 200 1364, Minneapolis, MN 55401. Notices are deemed given when received.
22.7 Third-party beneficiaries. No third-party rights except as expressly stated (e.g., certain app stores in §8).
22.8 Entire agreement; conflicts. These Terms (including the Privacy Policy and any addenda presented at purchase or in-product) are the entire agreement, superseding prior/contemporaneous agreements. In conflicts between CogniSci’s Terms and third-party terms, CogniSci’s Terms control as between you and CogniSci.
22.9 California consumer rights notice. Provider: CogniSci Labs, Inc. Questions/complaints: support@cognisci.ai or postal address above, #[insert phone]. California residents may contact the DCA Consumer Services, 1625 North Market Blvd., Sacramento, CA 95834; (916) 445-1254 or (800) 952-5210.
22.10 Assumption of risk. By using the Services, you acknowledge/assume risks described in these Terms (including §§5, 10–13, 18–20).
22.11 Right to modify Terms. We may update these Terms per §2; amendments are not retroactive to pre-effective-date Claims unless expressly stated.
22.12 State-specific notices. Where required, state-specific notices/disclosures related to labs, telehealth, marketing, auto-renewal, or data practices accompany these Terms and apply in addition to them.
22.13 Limitation period. Any Claim must be filed within one (1) year after it accrues or is permanently barred, except claims for non-payment, IP infringement/misuse, or where longer is required by law.

23) Headquarters & Contact

23.1 Corporate headquarters.

23.2 Security contact (vulnerability reports). Email security@cognisci.ai with details, reproduction steps, and any proofs of concept. Avoid sensitive data in the initial report; we will acknowledge and act in good faith to triage/remediate. See §17 for security disclaimers.

23.3 Good-faith research safe harbor. We will not pursue legal action for good-faith, non-exploitive security research that follows coordinated disclosure norms, avoids privacy violations/service disruption, and provides a reasonable remediation window.

24) Home Collection Kits — Cancellations, Activation & Refunds (Product-Specific)

24.1 Non-diagnostic. Home collection kits are for general wellness/education only; not medical devices/diagnostic tests.
24.2 Pre-activation cancellation (60 days). For testing that uses a home kit with lab processing/reporting: cancel before activation within 60 calendar days of purchase for a refund (less a non-refundable $45 administrative/activation fee where permitted). Where prohibited, full refund; taxes/processor fees refunded where required.
24.3 Post-activation timing. If your Sample does not arrive at the Lab Partner within 14 business days of activation, your purchase expires and you are automatically refunded your purchase price minus the $45 fee and any non-refundable taxes where permitted.
24.4 At-home-resulted tests. Tests intended to be used/resulted entirely at home (no lab processing) are final sale once delivered.
24.5 Replacement kits. If a Sample is rejected (e.g., insufficient volume, leakage, contamination, labeling error, delayed transit, expired kit, or other non-conformance), we may send one complimentary re-collection kit at our discretion; additional re-collections may require a new purchase (see §10 and §12).
24.6 State compliance. We comply with mandatory cooling-off, return, or defect-remedy rights under applicable law.

25) Sponsored Programs & Promo Codes

25.1 Timing. For sponsored testing, your Sample must be collected within 60 days of initial promo-code use (or, if a home kit is included, received by the Lab Partner within 60 days of activation).
25.2 Scope. Sponsored programs cover only tests identified by the sponsor; additional testing is your responsibility.

25.3 Results sharing. We do not share identifiable results with sponsors absent your explicit consent for the program.
25.4 Cancellations/expirations. Canceled/expired sponsored testing is subject to non-refundable fees in §§25–26; some sponsors may cover these fees per program terms.
25.5 Notice of Financial Incentive (if applicable). If discounts/benefits are offered in exchange for Personal Information, additional terms describing material terms (including opt-in/withdrawal) will be presented and govern.

26) Digital Millennium Copyright Act (DMCA) Notice

26.1 Notices. To report alleged infringement, send a compliant notice to our DMCA Agent including: (a) signature of owner/agent; (b) identification of copyrighted work; (c) identification of infringing material and location (e.g., URL); (d) name/mailing address/phone/email; (e) good-faith belief statement; (f) accuracy/authority statement under penalty of perjury.

DMCA Agent Contact:
CogniSci Labs, Inc. — DMCA Agent

26.2 Counter-Notice. If your material was removed by mistake/misidentification, send a counter-notice including: (a) signature; (b) identification of removed material and its prior location; (c) name/mailing address/phone/email; (d) statement of good-faith belief; (e) statement consenting to jurisdiction of the federal district court for the State of Texas and accepting service from the original notifier or agent. Upon receipt of a compliant counter-notice, we may restore material in our discretion under the DMCA.

27) Product-Specific Addenda & Disclosures

27.1 Addenda. From time to time we may publish product-/feature-specific terms (e.g., new indices, add-on kits, digital features). Such addenda, when presented at purchase/activation/in-product, are incorporated and read consecutively with these Terms.

28) Contact Us

28.1 General. Questions? support@cognisci.ai