Cogito Technologies Kft., Kálvária str. 63 D. stairway 2nd flr. 5th d., 9700 Szombathely ("Cogito") operates the internet platforms ("platforms") app.cogito.study and other associated platforms with the same functionalities. Users are able to use these platforms to share study materials with other users, create and save content and also exchange information in the built-in news feed.
The contractual terms and conditions govern the relationship between Cogito and the user.
2.1 Opening an account is done, once the user registers on the platform. The user represents and warrants that he or she is at least 18 years of age and possesses the legal capacity and ability to enter into the agreement to which these Terms apply and to use the platforms in accordance with these Terms. The data provided during registration must be true. The use of a pseudonym is permitted.
2.2 The user has to create a password for his account. After which the user is responsible for keeping the password a secret, prohibiting any third party to access his account through his password. The user is obliged to notify Cogito immediately under the e-mail address support[at]cogito.study if there are any indications that the password is used by a third party.
2.3 Cogito reserves the right to block a user from creating a second account if for the first time he/she violated terms and conditions set in this contract.
2.4 Cogito reserves the right to remove usernames if it's necessary to protect the rights of third parties (for example, if the owner of a trademark submits a complaint about a user which does not correspond to the real name of a user).
3.1 Cogito only provides technical platforms for its users so that they can exchange materials and information with each other. Cogito does not exert influence on the user’s content, so long as it is not legally required.
3.2 Each user can only upload materials for courses to which he has registered. The contents uploaded by the user are only visible to those users who have registered as participants in the course.
3.3 Users may use content kept ready on Cogito exclusively for private study and learning purposes.
3.4 The use of the platforms is free of charge.
4.1 The user may only upload or post material which he himself has created or for which he has been authorized by the copyright owner to upload the material.
4.2 If and insofar as a user uploads or posts content on one of the platforms, he grants Cogito conferrable, non-exclusive rights of usage for the uploaded content. These rights are neither limited in time nor in space. Cogito is entitled to duplicate, reproduce, and offer this content to other users. The right also includes the publication of the content. Cogito is also entitled to use the content for other services like newsfeeds or subscription services. Cogito is entitled to edit the uploaded content to an extent that is necessary to show and offer the content on the platform. Cogito is also entitled to transfer the contents into other formats.
4.3 Cogito has the inalienable rights to remove content the user has uploaded or posted to any of the Platforms in part or full without stating reasons as well as any or all of the links the user has set up.
4.4 If the User violates the intellectual property rights of others, Cogito has the right to suspend the user account.
5.1 The user hereby guarantees that all content uploaded and posted by him is in accordance with the legal requirements of the Hungarian criminal code, the law for the protection of the youth, the data protection act and all industrial property rights and respects the personality rights of third parties. The user is prohibited from posting any content or setting any links on websites that violate the rights of another person or the law.
5.2 Content that does not meet these requirements can be reported by users via e-mail to Cogito.
5.3 The user indemnifies Cogito from all actual and alleged claims of third parties. This includes the costs of prosecution / legal defense, which are based on acts or omissions of the user. In particular, claims based on culpable, illegal or improper use of the Platforms, the noncompliance with applicable regulations or a violation of the rights of the third party resulting from the user's actions or approval. The user is obliged to inform Cogito immediately in case of possible infringement.
5.4 The user may use the platforms with the following restrictions:
6.1 The liability of Cogito is limited as follows: Cogito is only liable for damages in which the cause of the damage is based on an intentional or grossly negligent breach of duty by Cogito or one of its legal representatives or vicarious agents. Cogito is also liable for slightly negligent breaches of essential obligations whose violation jeopardizes the attainment of the contractual purpose or for the breach of obligations which are necessary to fulfill the proper execution of the contract. Cogito is not liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
6.2 The liability limitations stated above do not apply in case of intent, injury to life, body or health, for a defect in case of incurred guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
6.3 The above liability limitations do not affect the burden of proof.
7.1 The contractual relationship can be terminated by either party at any time with immediate effect. The termination must be made in writing (via the platform, by e-mail or postally).
7.2 Users can terminate a contract with Cogito either via e-mail to email@example.com or in writing to Cogito Technologies Kft, Kálvária str. 63 D. stairway 2nd flr. 5th d., 9700 Szombathely.
8.1 Cogito reserves the right to make changes to these terms and conditions in accordance with section 8.2, as far as these are reasonable for the user. Cogito will announce changes to these terms and conditions to the user with an appropriate deadline, e.g. by means of a message to the account inbox or via the user's e-mail address given at the time of registration, and change the current version available on the platform accordingly. If the user does not raise any objection to the validity of the new terms and conditions within one month after notification and continues to use the Platforms provided by Cogito, the amended terms and conditions shall be presumed accepted. In the notification, Cogito will point out to the user the right to objection and the importance of the objection period.
8.2 Cogito reserves the right to change the terms and conditions in the following cases:
The law of the Basic Law of Hungary shall apply exclusively, insofar as no compulsory statutory provisions of the state in which the user is domiciled or habitually resides are restricted.
Budapest, March 9th 2020