Effective Date: June 29, 2025
Last Updated: June 29, 2025
Welcome to Cog+!
These Terms of Use (“Terms”) govern your access to and use of the Cog+ mobile application, website, and related services (collectively, “Cog+” or “the App”), provided by ABS Technologies LLC (“ABS Technologies,” “we,” “us,” or “our”).
1. Scope of Use
Cog+ is a digital tool designed for self-assessment of cognitive functionality and mental well-being. It evaluates cognitive abilities (e.g., memory, attention, reasoning) and mental health through interactive tasks and advanced biological metrics, providing insights into brain-body interactions for informational purposes only. It is not a medical device, diagnostic tool, or a substitute for professional medical advice.
2. Disclaimers
Cog+ is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. ABS Technologies does not guarantee that:
• The App will be uninterrupted, error-free, or secure.
• The results or outputs of the App will be accurate, reliable, or suitable for your needs.
• Any defects or errors in the App will be corrected.
Health and Medical Disclaimer:
• Cog+ is intended for self-assessment, informational and educational purposes only. It is not a medical device, diagnostic tool, or substitute for professional medical advice, diagnosis, or treatment. Under current U.S. FDA guidelines (21 CFR 801.109; FDA 2022 Clinical Decision Support Guidance, FDA-2017-D-6569), NGVU-Cog+ qualifies as FDA-exempt Clinical Decision Support Software, and it does not require FDA premarket clearance. Reference: FDA Guidance on Clinical Decision Support Software (CDS), Document Number: FDA-2017-D-6569.
• The App does not provide clinical recommendations or health interventions.
• You should consult a licensed healthcare provider for any cognitive, mental health, or medical concerns. If you are experiencing symptoms of cognitive impairment, mental distress, or other health issues, seek professional medical attention immediately.
• ABS Technologies is not responsible for any decisions, actions, or outcomes resulting from your use of or reliance on Cog+ or its outputs.
3. Eligibility
To use Cog+, you must:
• Be at least 18 years of age or have verifiable parental or legal guardian consent if under 18.
• Use of the App by individuals under the age of 13 is strictly prohibited! (in compliance with COPPA).
• Have the legal capacity to enter into a binding agreement.
• Comply with all applicable local, state, national, and international laws and regulations.
If you are using Cog+ on behalf of another person or entity, you represent and warrant that you have the authority to bind them to these Terms.
4. User Consent and Privacy
By using Cog+, you agree to the collection, processing, storage, and sharing of your data as described in our Privacy Policy. You acknowledge and agree that:
• Your data is anonymized and stored securely in compliance with applicable data protection law. We comply with applicable privacy protection laws (e.g., GDPR, CCPA).
• You may opt in or out of optional features, such as anonymous data sharing for research or analytics purposes, through the App’s settings.
• You may withdraw consent at any time by adjusting settings or contacting us, subject to applicable legal limitations.
• You have reviewed and understand how your data is collected, used, disclosed, and protected, as detailed in the Privacy Policy.
You are responsible for ensuring that your use of Cog+ complies with any applicable privacy laws in your jurisdiction.
5. Intellectual Property
All algorithms, software, designs, user interfaces, and technology in Cog+ (“App Content”) are the exclusive property of ABS Technologies LLC or its licensors. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use Cog+ for personal, non-commercial purposes, subject to these Terms of Use.
You may not:
• Copy, modify, distribute, sell, or create derivative works from any App Content.
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App.
• Remove or alter any proprietary notices or labels in the App.
• Use the App or its outputs for commercial purposes without our prior written consent.
Any unauthorized use of App Content may result in termination of your access and legal action.
6. User Responsibilities
You agree to:
• Use Cog+ solely for lawful purposes and in compliance with these Terms of Use.
• Provide accurate, current, and complete information when using the App.
• Maintain the security and confidentiality of your account credentials.
• Notify us immediately at support@ai-biosim.com of any unauthorized access to or use of your account.
You agree not to:
• Use the App to misrepresent your identity, provide false information, or impersonate others.
• Interfere with, disrupt, or attempt to gain unauthorized access to the App’s systems, servers, or data.
• Use the App in a manner that violates any applicable laws, including data protection, consumer protection, or health regulations.
• Share, publish, or present Cog+ outputs as medical advice, diagnoses, or treatments.
• Engage in any activity that could damage, disable, or impair the App or harm ABS Technologies, its users, or third parties.
7. Data Access and Deletion
You may request access to, correction of, or deletion of your personal data by contacting us at support@ai-biosim.com. We will respond within the timeframes required by applicable laws (e.g., 30 days under GDPR, 45 days under CCPA). We may retain certain data as required by law or for legitimate business purposes, as outlined in our Privacy Policy. For details on your data rights, see the Privacy Policy.
8. Limitation of Liability
To the fullest extent permitted by applicable law, ABS Technologies, its affiliates, officers, directors, employees, agents, and licensors, will not be liable for any:
• Indirect, incidental, special, consequential, exemplary, or punitive damages.
• Loss of data, profits, goodwill, or business opportunities.
• Damages arising from your use of or reliance on Cog+ or its outputs, including but not limited to health-related decisions.
Our aggregate liability to you for any claims arising from or related to these Terms of Use or your use of Cog+ will not exceed the maximum extent permitted by law or the amount you paid to use the App. In jurisdictions where liability limitations are restricted, our liability is limited to the minimum permitted by law.
9. Indemnification
You agree to indemnify, defend, and hold harmless ABS Technologies, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:
• Your use of or reliance on Cog+.
• Your violation of these Terms of Use or any applicable laws.
• Your infringement of any third-party rights, including intellectual property or privacy rights.
• Any content or data you provide to the App.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.
10. Updates and Modifications
We may update these Terms periodically to reflect changes in the App, legal requirements, or our practices. We will notify you of material changes via the App, email, or our website at least 30 days before they take effect, unless immediate changes are required by law. Your continued use of Cog+ after the effective date of updated Terms of Use constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the App.
11. Governing Law and Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of the State of Iowa, USA, without regard to its conflict of law principles. For users in the European Union, applicable EU regulations (e.g., GDPR) will supplement these Terms where required. Any disputes arising from or related to these Terms of Use, or your use of Cog+ will be resolved exclusively in the state or federal courts located in Johnson County, Iowa, USA, or, for EU residents, in the competent courts under EU jurisdiction, as applicable. You irrevocably consent to the personal jurisdiction and venue of these courts.
12. Class Action Waiver
You agree that any claims or disputes arising from or related to these Terms of Use or your use of Cog+ will be brought solely on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative action. You waive any right to participate in or seek class arbitration or consolidated proceedings.
13. Termination
We reserve the right to suspend, restrict, or terminate your access to Cog+ at our sole discretion, with or without notice, if:
• You breach these Terms of Use.
• Your use of the App is unlawful, fraudulent, or harmful to ABS Technologies, the App, or other users.
• We discontinue the App or any of its features.
Upon termination, your license to use Cog+ will immediately cease, and you must stop using the App. Provisions of these Terms of Use that by their nature should survive termination (e.g., intellectual property, disclaimers, limitation of liability, indemnification) will remain in effect.
14. Third-Party Services
Cog+ is distributed through third-party platforms, such as the Apple App Store or Google Play Store, which have their own terms, policies, and privacy practices. You agree to comply with all applicable third-party terms when using Cog+. ABS Technologies is not responsible for the acts, omissions, or policies of any third-party platforms or services.
15. Force Majeure
ABS Technologies will not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government actions, or interruptions in internet or telecommunications services.
16. Severability
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
17. No Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision will be effective only if in writing and signed by an authorized representative of ABS Technologies.
18. User Acknowledgments
You acknowledge and agree that:
• Cog+ is not intended for use in emergency situations. In case of a medical emergency, contact emergency services immediately.
• The App may not be available in all regions or languages, and ABS Technologies may restrict access to comply with local laws.
• You are solely responsible for maintaining the confidentiality of any data or results generated by the App and for any consequences of sharing such data.
• ABS Technologies may collect anonymized usage data to improve the App, as described in the Privacy Policy.
19. Contact Information
For questions, support, complaints, or to exercise your data rights, contact us at:
Email: info@ai-biosim.com
Website: www.advancedbiosimulation.com
We will respond to inquiries promptly and in accordance with applicable legal requirements.
20. Entire Agreement
These Terms of Use together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and ABS Technologies regarding your use of Cog+. These Terms of Use supersede all prior or contemporaneous agreements, understandings, or representations, whether written or oral, regarding the subject matter.
By using Cog+, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree, you must not use the Cog+ App.
