The terms governing access to the CognitK12 website and survey platform — including how they interact with the signed agreements that govern district subscriptions.
These Terms of Use ("Terms") are a binding agreement between you and Cognitive Education LLC, the operator of the CognitK12 Survey Ecosystem ("Cognitive Education," "we," "us," or "our"). They govern your access to and use of:
By accessing or using the Services, you accept these Terms and our Website Privacy Policy, incorporated by reference. If you do not agree, do not use the Services.
The Site is intended for adults — district leaders, educators, and others evaluating our services. By using the Site, you represent that you are at least 18 years of age or the applicable age of majority.
The Platform is available to: (a) administrative users authorized by a contracting school district; and (b) survey respondents — staff, family members, and students — who receive a district-issued survey invitation. Students participate in surveys only as part of a district-administered educational program, as described in Section 5.
If your school district has executed a Master Services Agreement, order form, or Data Privacy Agreement with Cognitive Education, those signed documents govern the district's subscription, data handling, and liability terms. In the event of a conflict between these Terms and a signed district agreement, the signed agreement controls for that district and its authorized users. These Terms supplement — and do not replace — district agreements.
These Terms govern in full for visitors and users who are not covered by a district agreement (for example, prospective customers browsing the site or submitting a pilot request).
Administrative Platform accounts are provisioned through contracting districts. If you hold an account, you agree to:
We may suspend or disable any account at any time if we reasonably believe it has been compromised, misused, or used in violation of these Terms or a district agreement.
The Services — including survey instruments, question banks, scoring methodologies, report formats, software, text, graphics, and the design and arrangement of all of these — are owned by Cognitive Education or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable right to access and use the Services as made available to you. You may print or download Site materials for your internal, non-commercial evaluation. Except as expressly permitted by these Terms or a district agreement, you may not:
"CognitK12," "Cognitive Education," and associated logos are trademarks of Cognitive Education LLC and may not be used without our prior written permission. Districts retain ownership of their data as described in the applicable district agreement.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:
We may investigate suspected violations, suspend or terminate access, and cooperate with law enforcement where appropriate.
The Platform includes AI-assisted features (narrative insights and Comprehensive Reports) powered by Anthropic's Claude API. By using these features, you acknowledge that:
If you send suggestions, ideas, or other feedback about the Services, you grant us a perpetual, irrevocable, royalty-free right to use that feedback for any purpose without obligation to you. This section does not apply to survey responses or district data, which are governed by the district agreement and Student Data Privacy Notice.
We respect intellectual property rights. If you believe material on the Services infringes your copyright, send written notice to the address in Section 17 including: identification of the copyrighted work; identification and location of the allegedly infringing material; your contact information; a good-faith statement that the use is not authorized; a statement under penalty of perjury that your notice is accurate and you are the owner or authorized agent; and your physical or electronic signature.
The Services may link to third-party websites for convenience. We do not control and are not responsible for the content or privacy practices of those sites. A link is not an endorsement. Use of third-party sites is at your own risk and subject to their terms.
EXCEPT AS EXPRESSLY PROVIDED IN A SIGNED DISTRICT AGREEMENT, THE SERVICES ARE 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. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT AI-ASSISTED CONTENT IS COMPLETE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS; THOSE EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN A SIGNED DISTRICT AGREEMENT, COGNITIVE EDUCATION AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, UNDER ANY THEORY OF LIABILITY, EVEN IF FORESEEABLE. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. You agree that any dispute not subject to a signed district agreement's dispute resolution provision will be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the jurisdiction of those courts.
You agree to defend, indemnify, and hold harmless Cognitive Education and its members, officers, employees, contractors, and service providers from and against claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or misuse of the Services. This obligation does not apply to school districts to the extent a signed district agreement addresses indemnification differently.
Cognitive Education LLC
9900 Spectrum Drive
Austin, TX 78717
governance@cognitk12.com