1. Acceptance of Terms
By engaging our services through any of the following actions, you accept these Service Terms:
- Confirming a booking or project start date
- Making payment for our services
- Attending a workshop or consultation
- Providing us with materials or information to commence work
These terms apply to all services provided by Kognitive.
2. Our Services
2.1 Service Delivery
We provide management consulting services focused on productivity improvement, process optimisation, and AI integration. Services may be delivered at our facilities, your facilities, online, or at other agreed locations.
2.2 Service Flexibility
We may, at our discretion and where possible in consultation with you, substitute personnel or engage subcontractors to deliver services, provided they are bound by equivalent confidentiality obligations.
2.3 Service Standards
We warrant that we will provide services with professional diligence and skill standard in the industry. Services are otherwise provided "as is" without warranty of specific outcomes unless explicitly agreed in writing.
3. Your Responsibilities
You agree to:
- Provide timely access to information, systems, and personnel as required
- Ensure the accuracy and completeness of information provided
- Communicate any concerns or issues promptly
- Make payments according to agreed terms
4. Use of AI Technologies
4.1 Our Use of AI
We utilise various AI technologies to enhance our services, including but not limited to:
- Knowledge management systems and Copilots (such as Notion AI, Gemini)
- Meeting transcription tools (such as Granola, Loom)
- Research and analysis platforms (such as Claude, ChatGPT, Perplexity)
- Voice-to-text technologies (such as WisprFlow, SuperWhisper)
- Automation and workflow tools (such as Zapier, Make, Lindy, n8n)
- Other emerging AI technologies as appropriate
As a management consultancy specialising in productivity and AI integration, we continuously evaluate and trial new AI tools to ensure we provide cutting-edge solutions. We configure all privacy settings to minimise data sharing and prevent AI training on your data where such options exist.
4.2 Session Recording and Transcription
We may use AI-powered tools to record and transcribe sessions to ensure accurate capture of discussions and action items. We will notify you before any recording begins. These recordings are:
- Used solely for service delivery and internal review
- Treated as strictly confidential
- Not used for AI training by third parties where settings permit
You may opt out of recording at any time.
4.3 Your Use of AI Tools
To protect confidentiality and intellectual property:
- Do not record our sessions using personal AI tools without written permission
- Do not input Kognitive materials, frameworks, or methodologies into free or consumer-tier AI tools
- When using AI tools with our materials, ensure:
- Business/enterprise accounts are used
- Model training on your data is disabled
- Appropriate confidentiality settings are enabled
We recognise AI tools are valuable for productivity. We ask you to use them responsibly to protect both our IP and your confidential information.
5. Privacy & Data Handling
5.1 Information We Collect
In delivering our services, we may collect:
- Contact and business information
- Project-related data and documentation
- Meeting notes and recordings
- Performance metrics and assessment results
- Feedback and correspondence
5.2 How We Use Your Information
We use your information to:
- Deliver and improve our services
- Develop proposals and recommendations
- Communicate about our engagement
- Meet legal and compliance obligations
- With your consent, send relevant business insights and updates
5.3 Service Improvement and Innovation
We may use aggregated, de-identified insights from our service delivery to:
- Improve our methodologies and service offerings
- Develop new products, tools, or services
- Create educational content and resources
- Develop AI-powered tools and automated solutions using aggregated methodologies and insights
Any such use will:
- Remove all identifying information about specific clients (except where developing tools specifically for that client's use)
- Focus on patterns and methodologies rather than specific client data
You may opt out of having your de-identified data included in future product development by notifying us in writing.
5.4 Information Sharing
We may share your information with:
- Subcontractors engaged in service delivery (under confidentiality agreements)
- Professional advisers (lawyers, accountants) as required
- Government authorities when legally required
- Third-party tools and platforms necessary for service delivery
Your information may be processed by service providers, including AI platforms, which may store data outside Australia. While we select providers with appropriate privacy safeguards, data may be accessed in countries with different privacy laws.
5.5 Data Security
We implement appropriate technical and organisational measures to protect your information. However, no method of transmission or storage is 100% secure. We maintain appropriate safeguards and will notify you of any data breaches that may cause serious harm.
5.6 Data Retention
We retain your information for as long as necessary to:
- Fulfil our contractual obligations
- Comply with legal requirements (including tax and corporate law)
- Resolve disputes and enforce agreements
- Support legitimate business interests in service improvement
For inactive clients, we review data retention necessity every three years.
5.7 Your Privacy Rights
You have the right to:
- Access personal information we hold about you
- Request correction of inaccurate information
- Request deletion of your information (subject to legal obligations)
- Opt out of marketing communications
- Lodge a complaint with the Office of the Australian Information Commissioner
6. Intellectual Property
6.1 Kognitive IP
We retain all rights in our materials, documentation, frameworks, methodologies, tools, processes, and systems. This includes any materials we create during service delivery unless explicitly transferred in writing.
6.2 Your Data
You retain ownership of all information you provide to us. We have a licence to use this information to deliver our services and, as described in Section 5.3, to develop our methodologies and future offerings in aggregated, de-identified form.
6.3 Feedback
You grant us a non-exclusive, perpetual, royalty-free licence to use any feedback, suggestions, or ideas you provide about our services.
6.4 Recording Prohibition
Recording our services (video, audio, or AI transcription) by you, your staff, or any third party is strictly prohibited without written consent. We reserve the right to record services for internal purposes where practicable.
7. Fees & Payment
7.1 Payment Terms
Our standard payment terms are 14 days from invoice date. Late payments incur:
- 2% monthly interest (or maximum legal rate)
- $200 + GST recovery fee
7.2 Deposits
Some services require deposits to confirm bookings. Deposits are non-refundable but may be converted to credit (valid for 12 months) with 14 days written notice before service commencement.
7.3 Expenses
Quoted fees exclude expenses unless specified. Travel and incidental costs are charged at cost plus a $100 + GST administration fee per destination.
7.4 Subscriptions
Subscription services renew automatically unless cancelled. You may cancel anytime, effective at the end of the current billing period. No refunds are provided for unused portions of subscriptions.
8. Confidentiality
Each party will:
- Maintain the confidentiality of the other party's confidential information
- Use confidential information only for purposes of the engagement
- Not disclose confidential information except as legally required
This obligation survives termination of our engagement.
9. Limitation of Liability
To the maximum extent permitted by law:
- We are not liable for indirect, consequential, or special damages
- Our total liability is limited to the fees paid for the relevant services
- These limitations don't apply to fraud, wilful misconduct, or personal injury
10. Termination
10.1 Termination Rights
Either party may terminate services:
- At any time with 7 days written notice
- Immediately for material breach not remedied within 7 days of notice
- Immediately if the other party becomes insolvent
10.2 Effect of Termination
Upon termination:
- You pay for services rendered to date
- Each party returns the other's confidential information
- Sections on IP, confidentiality, and liability survive
10.3 Service Suspension
We may suspend services for non-payment after 7 days notice. You may pause services for up to 3 months with written notice. Unused paid services expire 3 months after suspension.
11. General Terms
11.1 Relationship
No employment, partnership, or agency relationship is created by these terms.
11.2 Entire Agreement
These terms, together with any proposal, statement of work, or engagement letter we provide, constitute the entire agreement between us. Where any conflict exists, specific written agreements for particular services take precedence over these general terms.
11.3 Variations
We may update these terms with 30 days notice for material changes. Continued engagement constitutes acceptance of updated terms.
11.4 Governing Law
These terms are governed by the laws of Victoria, Australia. Disputes are subject to the exclusive jurisdiction of Melbourne courts, following 30 days good faith negotiation.
11.5 Severability
If any provision is unenforceable, it will be modified to achieve its intent to the maximum extent possible, with remaining provisions continuing in full effect.
12. Contact Information
Kognitive Pty Ltd
By engaging our services, you acknowledge that you have read, understood, and agree to these Service Terms & Privacy Notice.
