Terms of Service

1. Acceptance of Terms

By creating an account, accessing, purchasing, or using any service operated by Cognitive Industries, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using our services on behalf of a business or organisation, you represent and warrant that you have authority to bind that entity to these Terms, and these Terms will apply to that entity.

2. About Cognitive Industries

Cognitive Industries is an Australian technology company building AI-powered products and research tools. Our current products include ChazzAI, Lucky 100 Board, WebSwarm, Adtomaton, and MatchPoints.

Contact: contact@cognitive-industries.org
Support: support@cognitive-industries.org

3. Eligibility and Age Requirements

You must meet the following age requirements to use our services:

• General services: You must be at least 13 years of age.
• ChazzAI (adult/explicit content): You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher) to access content marked as adult or explicit. We implement age assurance measures consistent with the Australian Online Safety Act 2021 (Cth) and applicable Online Safety Codes. Misrepresenting your age is a breach of these Terms and may result in immediate account termination.
• Lucky 100 Board: You must be at least 18 years of age and reside in a jurisdiction where participation is lawful. See Section 6.2 for critical regional restrictions.
• WebSwarm (business services): You must be at least 18 years of age and have authority to enter into contracts on behalf of the business you represent.

We reserve the right to request age verification at any time. Accounts found to belong to ineligible users will be terminated and associated data deleted.

4. Account Registration

Some services require you to create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your information to keep it accurate
• Keep your password secure and not share account access with others
• Notify us immediately at support@cognitive-industries.org if you become aware of any unauthorised access to your account
• Accept responsibility for all activities that occur under your account

You may not create accounts for others without their permission, create multiple accounts to circumvent restrictions, or use another person's account without authorisation.

We reserve the right to suspend or terminate accounts at our discretion, including where we reasonably suspect a breach of these Terms.

5. Acceptable Use Policy

You agree not to use any of our services to:

• Violate any applicable law, regulation, or obligation
• Produce, distribute, or facilitate child sexual abuse material (CSAM) in any form — this is a strict zero-tolerance policy and will result in immediate termination and reporting to law enforcement
• Harass, threaten, bully, stalk, or intimidate any person
• Impersonate any real, identifiable living person without their clear consent, in a manner that is harmful, deceptive, or defamatory
• Generate or distribute non-consensual intimate imagery (NCII) of real people
• Engage in fraud, phishing, or any deceptive practice
• Attempt to gain unauthorised access to our systems, other users' accounts, or any connected infrastructure
• Introduce malware, viruses, or malicious code
• Circumvent, disable, or interfere with security features, access controls, or rate limits
• Scrape, crawl, or automatically extract data from our services except as expressly permitted by our API documentation
• Use our services to train competing AI models without our express written permission
• Facilitate or promote terrorism, violent extremism, or incitement to violence
• Violate the intellectual property rights of any person or entity

Violations of this policy may result in immediate account suspension or termination, content removal, and/or referral to law enforcement where required by law.

We comply with the Online Safety Act 2021 (Cth) and applicable Online Safety Codes. We are required to remove certain categories of harmful content and may be required to report some content to the eSafety Commissioner or other authorities.

6. Product-Specific Terms

6.1 ChazzAI (chazz.ai)

ChazzAI is an AI roleplay and interactive storytelling platform where users create and interact with AI characters.

• AI Characters are fictional. Characters on ChazzAI are AI-generated fictional personas. They do not have independent legal identity, consciousness, or real-world capabilities. Any advice, information, or statements made by AI characters should not be relied upon as factual, professional, or accurate.
• Creator Accounts. Creators who publish characters or content on ChazzAI are responsible for ensuring that content complies with these Terms. Creator monetisation features are subject to additional terms provided at sign-up for creator accounts.
• Adult Content. Explicit or adult-rated content is only available to verified users aged 18 or over. Enabling adult content on an account constitutes a declaration that you meet the minimum age requirement. Making false age declarations to access restricted content is a breach of these Terms and may constitute an offence under applicable law.
• Real People. You must not create AI characters that impersonate identifiable real people in a manner that is harmful, misleading, or non-consensual. Creating sexualised AI characters based on real, identifiable individuals without their consent is strictly prohibited.
• Content Guidelines. ChazzAI maintains separate Content Guidelines, which form part of these Terms and are available within the platform. Content that violates our Content Guidelines may be removed without notice.

6.2 Lucky 100 Board

Lucky 100 Board is a technology platform that enables organisers (sports clubs, community groups, workplaces, and individuals) to create and manage 100-square fundraising boards for their own groups. Cognitive Industries operates as the technology platform provider only — not as the lottery or draw organiser. The person or entity who creates a board ("Board Organiser") is solely responsible for operating that board and for compliance with all applicable laws in their jurisdiction.

Terms for Board Organisers

By creating a board, you ("Board Organiser") represent, warrant, and agree that:

• Legal compliance is your responsibility. You are solely responsible for ensuring that operating a board in your jurisdiction is lawful. In Australia, small-scale community draws run by clubs, workplaces, and social groups for their own members have long operated under informal conventions and, in many cases, specific exemptions under state and territory legislation. You are responsible for understanding and complying with the laws applicable to you.
• Free entry alternative. Where required by applicable law in your jurisdiction, you must offer a genuine free-entry alternative to any participant who requests one (e.g., by contacting you directly). This obligation rests with you as the Board Organiser, not with Cognitive Industries. Offering a free-entry path is how most Australian states distinguish a "competition" from a "lottery" — if in doubt, honour free entry requests.
• Private and invited groups. Boards should be operated for a defined, invited group of participants (e.g., your sports club, workplace, or community group). You must not publicly advertise boards to anonymous strangers via mass media or public social media in a manner that may constitute operating an unlicensed public lottery.
• Disclosed terms. You must clearly communicate the prize value, draw method, draw date, and square price to all participants before they purchase a square.
• Prize delivery. You are responsible for delivering the declared prize to the winner. Cognitive Industries has no involvement in prize fulfilment.
• You are the operator. For any regulatory or legal purpose, you — not Cognitive Industries — are the operator of the board. If a regulatory authority contacts you about a board you created, you are responsible for responding.
• Age restriction. You must not allow participation by anyone under 18 years of age.

Relevant Australian legislative frameworks that may apply to Board Organisers (this list is not exhaustive and is provided for reference only — you are responsible for obtaining your own legal advice):

• NSW: Lotteries and Art Unions Act 1901 (NSW) — private lottery exemptions apply to societies conducting draws for members with no deduction from receipts
• VIC: Gambling Regulation Act 2003 (Vic) — community and social club exemptions
• QLD: Lotteries Act 1997 (Qld)
• SA: Lottery and Gaming Act 1936 (SA)
• WA: Gaming and Wagering Commission Act 1987 (WA)
• ACT: Lotteries Act 1964 (ACT)
• TAS: Gaming Control Act 1993 (Tas)
• NT: Gaming Control Act 1993 (NT)

Terms for Board Participants

• Each board is a 100-square grid. The Board Organiser sets the square price and the prize. Each square has an equal chance of being selected.
• The draw method and date are disclosed by the Board Organiser before purchase.
• You must be 18 years of age or older to purchase a square.
• Square purchases are final once allocated. Refunds are not available after allocation, except where required by Australian Consumer Law or where the Board Organiser cancels the board.
• Your contract for prize delivery is with the Board Organiser, not with Cognitive Industries. If you have a dispute about a prize, contact the Board Organiser directly.
• Cognitive Industries does not guarantee that any prize will be delivered. We are not a party to the draw and have no liability for prize fulfilment.

Platform Fee Structure

Cognitive Industries charges Board Organisers a platform service fee calculated as a percentage of the board's declared prize cap. This fee:

• Is charged to and paid by the Board Organiser only — not by participants
• Is charged at the time of board creation or publication, not from participant payments or prize proceeds
• Is payable regardless of whether the board sells out or whether the draw proceeds
• Is a fee for technology platform services and is not a share of the prize pool, participant payments, or lottery proceeds

Current platform fee rates are displayed on the Lucky 100 Board pricing page.

6.3 WebSwarm

WebSwarm is a B2B SaaS platform providing AI-powered automated web testing services.

• Authorised Testing Only. You represent and warrant that you have authority to conduct automated testing on any website, web application, or API you submit for testing. You must not use WebSwarm to test systems for which you do not have authorisation. Unauthorised testing may violate the Criminal Code Act 1995 (Cth), the Computer Fraud and Abuse Act (US), and equivalent laws in other jurisdictions.
• Rate Limits and Fair Use. Use of WebSwarm is subject to credit limits and rate limits as described in your plan. Attempting to circumvent rate limits is a breach of these Terms.
• Data Processing. When you submit a URL for testing, our AI agents will access and interact with that URL. You are responsible for ensuring the target system can handle this interaction. We are not liable for any adverse effects on the target system resulting from authorised testing jobs you initiate.

6.4 Adtomaton

Adtomaton is an AI-powered advertising production tool (currently in development).

• Outputs generated by Adtomaton are provided for your use in creating advertising materials. You are responsible for ensuring that any advertisement you produce and publish complies with applicable advertising standards, platform policies, and laws in your jurisdiction.
• You must not use Adtomaton to produce false, misleading, or deceptive advertising in violation of the Australian Consumer Law, the Australian Association of National Advertisers (AANA) Code of Ethics, or equivalent standards.
• Adtomaton's compliance engine is designed to assist with platform compliance but does not guarantee that outputs will be accepted by any advertising platform.

6.5 MatchPoints

MatchPoints is a sports league voting and management platform (currently in development).

• MatchPoints is intended for use by sports leagues, clubs, and their authorised administrators.
• League administrators are responsible for the accuracy of player data, game records, and all information entered into the platform.
• Voter anonymity is maintained by design; however, Cognitive Industries may disclose voting data to law enforcement if required by law.

7. Payments, Credits, and Subscriptions

Payments are processed by Stripe, Inc. By making a payment, you agree to Stripe's Terms of Service. You authorise us to charge your payment method for all amounts due.

• Credits: Where our products use a credit system, credits are non-transferable, have no cash value, and expire as described in the relevant product's pricing page.
• Subscriptions: Subscriptions are billed on a recurring basis (monthly or annually) as described at sign-up. Subscriptions auto-renew until cancelled.
• Price changes: We will give you at least 30 days' notice of any subscription price increase, and you may cancel before the new price takes effect.
• Failed payments: If a payment fails, we may suspend your access until the outstanding amount is settled.
• Taxes: Prices may or may not include GST. Where GST applies (for Australian customers), it will be displayed and charged in addition to the listed price or included as required by law.

8. Refunds and Cancellations

Subject to your rights under the Australian Consumer Law (Section 16):

• Subscriptions: You may cancel a subscription at any time. Cancellation takes effect at the end of the current billing period. We do not provide pro-rata refunds for unused portions of a subscription period, except where required by Australian Consumer Law.
• Credits: Credits are generally non-refundable once purchased, except where required by Australian Consumer Law (e.g., where the service is not provided as described).
• Lucky 100 Board squares: Purchases are final once a square has been allocated. Refunds are available if a board is cancelled by Cognitive Industries.
• Faulty or non-conforming services: If a service fails to meet the consumer guarantees described in Section 16, you are entitled to a remedy as provided by Australian Consumer Law.

To request a refund, contact support@cognitive-industries.org.

9. Intellectual Property

Our Content

All content, software, designs, trademarks, logos, trade names, and other materials made available by Cognitive Industries (the "CI Content") are owned by or licensed to Cognitive Industries and are protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth).

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our services for their intended purposes. This licence does not include any right to:

• Reproduce, distribute, modify, or create derivative works of CI Content without our written permission
• Sublicense, sell, resell, or commercially exploit CI Content or our services
• Reverse-engineer or decompile our software (to the extent permitted by law)

Where a product is designated as open source on our Community page, the relevant open source licence applies to that codebase.

Your Content

You retain ownership of content you create and submit to our services ("Your Content"). By submitting Your Content, you grant Cognitive Industries a worldwide, royalty-free, non-exclusive licence to use, store, display, reproduce, and adapt Your Content solely as necessary to provide and improve our services, and as described in our Privacy Policy. This licence ends when you delete Your Content or close your account, except to the extent copies are retained in backups or as required by law.

10. User-Generated Content

You are solely responsible for all content you create, upload, publish, or transmit through our services. You represent and warrant that:

• You own or have the necessary rights and permissions to use and submit Your Content
• Your Content does not infringe the intellectual property rights, privacy rights, or other rights of any third party
• Your Content complies with these Terms and our Acceptable Use Policy
• Your Content does not violate any applicable law

We do not pre-screen all user-generated content but reserve the right to remove content that violates these Terms or applicable law, and to cooperate with law enforcement as required.

Where our services allow users to publicly share content, other users may view that content. You should not include sensitive personal information in public-facing content.

11. AI-Generated Content

Our services use artificial intelligence to generate text, images, audio, and video ("AI-Generated Content"). You acknowledge and agree that:

Ownership

The ownership of AI-Generated Content is uncertain under Australian law and may vary by jurisdiction. Under the Copyright Act 1968 (Cth), computer-generated works may not attract copyright protection, or copyright may vest differently from human-authored works. Where AI-Generated Content is produced in response to your prompts, we assign to you any rights we may hold in that content, subject to these Terms and applicable law. We do not guarantee that AI-Generated Content is protected by copyright in your jurisdiction.

Accuracy and Reliability

AI systems can produce inaccurate, inconsistent, biased, or inappropriate outputs. AI-Generated Content is provided "as is" and should not be relied upon as factual, professional, medical, legal, financial, or other expert advice. You are responsible for reviewing and verifying any AI-Generated Content before using it in a consequential way.

AI Transparency — EU AI Act

In compliance with the EU Artificial Intelligence Act (Regulation (EU) 2024/1689), which imposes transparency obligations with effect from August 2025:

• You are notified that our products use AI systems to generate content and make decisions
• AI characters on ChazzAI are AI-generated and are not real humans
• AI-generated images may be labelled as such where technically feasible
• We do not use prohibited AI practices as defined under the EU AI Act

No Use for Training Competing Models

You must not use AI-Generated Content produced by our services, or data derived from your interactions with our services, to train, fine-tune, or develop AI models that compete with our services, except as expressly permitted in writing by Cognitive Industries.

12. Privacy

Your use of our services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. The Privacy Policy is incorporated into these Terms by reference.

13. Third-Party Services

Our services integrate with third-party services including Google Firebase, Stripe, Venice AI, ElevenLabs, and Adsterra. Use of these services is subject to their own terms and privacy policies. We are not responsible for the practices of third-party services and encourage you to review their policies.

Links to third-party websites or services are provided for convenience and do not imply endorsement. We are not responsible for the content or practices of third-party sites.

14. Disclaimers

To the maximum extent permitted by law:

• Our services are provided "as is" and "as available" without any warranty, express or implied
• We do not warrant that our services will be uninterrupted, error-free, or free of viruses or harmful components
• We do not warrant that AI-Generated Content will be accurate, complete, appropriate, or fit for any particular purpose
• We do not warrant that the Lucky 100 Board is lawful in your jurisdiction (see Section 6.2)
• We expressly disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement

Nothing in this section limits rights you have under the Australian Consumer Law or other mandatory applicable law that cannot be excluded (see Section 16).

15. Limitation of Liability

To the maximum extent permitted by law, Cognitive Industries and its directors, officers, employees, and contractors will not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business, or goodwill
• Damages arising from your reliance on AI-Generated Content
• Damages arising from unauthorised access to or use of your account
• Damages arising from your participation in the Lucky 100 Board in a jurisdiction where such participation may be unlawful
• Damages arising from your breach of these Terms

To the extent we are liable to you for any reason, our total aggregate liability is limited to the greater of: (a) the amounts you paid us in the 12 months preceding the event giving rise to the claim, or (b) AUD $100.

Nothing in this section excludes or limits liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded under Australian Consumer Law or other mandatory applicable law.

16. Australian Consumer Law Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms is intended to, or does, exclude, restrict, or modify rights you have as a consumer under Australian Consumer Law or any other mandatory applicable law. Any purported exclusion of such rights is void to the extent of the inconsistency.

17. Indemnification

You agree to indemnify, defend, and hold harmless Cognitive Industries and its directors, officers, employees, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your use of our services in violation of these Terms
• Your breach of any representation or warranty in these Terms
• Content you submit, post, or transmit through our services
• Your participation in the Lucky 100 Board in a jurisdiction where participation may be unlawful
• Your infringement of any third party's intellectual property, privacy, or other rights

18. Governing Law and Jurisdiction

These Terms are governed by the laws of Australia. For disputes not resolved under Section 19, you submit to the non-exclusive jurisdiction of the courts of Australia.

If you are a consumer in the EEA, you may also be entitled to the mandatory consumer protections of your country of residence, which are not affected by this clause.

19. Dispute Resolution

We prefer to resolve disputes without litigation. If you have a dispute with us, please:

1. Contact us first — email contact@cognitive-industries.org with a description of the dispute and your desired resolution. We will respond within 10 business days.
2. Good faith negotiation — both parties agree to negotiate in good faith for at least 30 days before commencing formal proceedings.
3. Formal proceedings — if the dispute is not resolved through negotiation, either party may pursue remedies through applicable courts or, for Australian consumers, through relevant consumer dispute bodies (e.g., fair trading agencies in your state or territory).

Australian consumers may also contact the Australian Competition and Consumer Commission (ACCC) at accc.gov.au or their state/territory consumer protection agency.

20. Termination

We may suspend or terminate your access to any or all of our services at any time, with or without notice, if we reasonably believe you have violated these Terms or for any other legitimate reason.

You may terminate your account at any time by contacting us at support@cognitive-industries.org.

On termination: your licence to use our services ceases, your account and content may be deleted (subject to our data retention obligations), and any outstanding payment obligations remain due. Provisions of these Terms that by their nature should survive termination (including Sections 9, 10, 11, 15, 17, 18) will survive.

21. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on this page with a new effective date
• Sending an email notification to registered users
• Displaying a notice within affected products

If you continue to use our services after the updated Terms take effect, you are deemed to have accepted them. Where required by law, we will seek your express consent.

22. Contact

For questions about these Terms, contact us:

• General: contact@cognitive-industries.org
• Support: support@cognitive-industries.org
• Website: cognitive-industries.org
• Discord: discord.gg/za4stqHdp