These Terms and Conditions ("Terms") govern access to and use of the website, applications, and services provided by Digital Command, LLC "Company," "we," "us," or "our"), including Cognistry and all related features (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and that organization.

If your organization has a separate signed agreement (such as a Master Services Agreement or Order Form) with the Company governing use of the Service, that agreement will control to the extent it conflicts with these Terms.

1. Eligibility and Accounts

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at [support@yourdomain.com] of any unauthorized use.

2. Description of Service

Cognistry is a capability development and learning experience platform. Features, availability, and functionality may change over time, and we may add, modify, or discontinue features at our discretion, with notice where required by a Customer agreement.

3. Subscriptions and Fees

If access to the Service requires a paid subscription, the applicable fees, billing frequency, and payment terms will be set out in an Order Form, invoice, or account dashboard. Unless otherwise stated: fees are non-refundable except as required by law or as expressly stated in a separate agreement; we may suspend access for non-payment after notice; and fees are exclusive of applicable taxes, which you are responsible for unless you provide a valid exemption certificate.

4. Acceptable Use

You agree not to:

• Use the Service in violation of applicable law or in a way that infringes the rights of others.
• Attempt to gain unauthorized access to the Service, other accounts, or related systems.
• Reverse engineer, decompile, or attempt to extract source code from the Service, except where permitted by law.
• Interfere with or disrupt the integrity or performance of the Service, including through automated scraping not authorized by us.
• Upload content that is unlawful, infringing, or that you do not have the right to share.
• Use the Service to develop a competing product.

We reserve the right to suspend or terminate access for violations of this section.

5. Customer Content and Data

As between the parties, the Customer organization retains ownership of the content, course materials, and data it submits to or generates within the Service ("Customer Content"). You grant the Company a limited license to host, process, and display Customer Content solely as necessary to provide the Service. The Company does not claim ownership of Customer Content.

Capability proof records, telemetry, and other system-generated records created through use of the Service are governed by the applicable Order Form or Customer agreement regarding ownership, retention, and access.

6. Intellectual Property

The Service, including its software, design, trademarks, and underlying technology, is owned by the Company or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

7. Confidentiality

Each party agrees to protect the other party's confidential information disclosed in connection with the Service using at least the same degree of care it uses for its own confidential information, and not to disclose it except to personnel or contractors with a need to know and a duty of confidentiality, or as required by law.

8. Third-Party Services

The Service may integrate with or link to third-party services (for example, identity providers or content generation tools). We are not responsible for the practices or content of third-party services, and your use of them is subject to their own terms.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS EXPRESSLY STATED IN A SEPARATE WRITTEN AGREEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

The Service may assist with capability development and compliance-related workflows but does not constitute legal, regulatory, or compliance advice, and use of the Service does not guarantee compliance with any law, regulation, or industry standard. Customers remain responsible for their own regulatory obligations.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE [TWELVE (12)] MONTHS PRECEDING THE CLAIM, UNLESS OTHERWISE SPECIFIED IN A SEPARATE WRITTEN AGREEMENT.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold the Company harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms or misuse of the Service, except to the extent caused by the Company's own breach or negligence.

12. Term and Termination

These Terms remain in effect while you use the Service. We may suspend or terminate your access for breach of these Terms, non-payment, or as required by law. Upon termination, your right to use the Service ends, though provisions that by their nature should survive (including Sections 6, 7, 9, 10, and 11) will continue to apply.

13. Changes to the Service or Terms

We may update these Terms from time to time. We will post the updated Terms with a revised "Last Updated" date. Material changes will be communicated through the Service or by other reasonable means. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of [State/Jurisdiction], without regard to conflict-of-law principles. [Insert dispute resolution mechanism — e.g., arbitration clause, venue selection — after legal review.]

15. General Provisions

• Entire agreement: These Terms, together with any applicable Order Form or Customer agreement, constitute the entire agreement between you and the Company regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
• No waiver: Failure to enforce any provision is not a waiver of that provision.
• Assignment: You may not assign these Terms without our written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.

16. Contact Us

Questions about these Terms can be directed to: