Effective Date: January 30, 2026
Last Updated: January 30, 2026
These Terms of Service ("Terms") govern your access to and use of Cognitive360's website, services, and consulting offerings. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access our website or use our services.
These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Cognitive360 ("Company," "we," "our," or "us").
Cognitive360 provides comprehensive political consulting services, including but not limited to:
Specific services will be outlined in individual engagement agreements or statements of work.
All consulting services require a signed engagement agreement or contract that specifies the scope of work, deliverables, timeline, compensation, and other relevant terms. These Terms supplement but do not replace individual service agreements.
Any modifications to the scope of services must be agreed upon in writing by both parties. Changes may result in adjustments to fees and timelines.
Clients are responsible for reimbursing reasonable expenses incurred in connection with services, including travel, research costs, media production, advertising spend, and third-party vendor fees. Significant expenses will be pre-approved by the client.
Retainer fees and deposits are generally non-refundable. Fees for work completed are not refundable, even if services are terminated early.
Clients agree to:
Both parties agree to maintain the confidentiality of all proprietary and sensitive information shared during the engagement. This includes campaign strategies, polling data, donor information, research findings, and any other confidential materials.
Confidentiality obligations do not apply to information that: (a) is publicly available through no fault of the receiving party; (b) was rightfully known prior to disclosure; (c) is independently developed; or (d) must be disclosed by law or court order.
Confidentiality obligations survive the termination of services and continue indefinitely unless otherwise specified in the engagement agreement.
Client Materials: Clients retain all rights to materials, content, and information they provide to us.
Work Product: Campaign strategies, creative materials, and deliverables developed specifically for your campaign become your property upon full payment. However, we retain the right to use general methodologies, processes, and know-how developed during our engagement.
Portfolio Use: Unless otherwise agreed, we may reference our work for your campaign in our portfolio, case studies, and marketing materials, subject to confidentiality obligations.
Third-Party Tools: Some deliverables may incorporate third-party tools, software, or licensed materials. Rights to these items remain with their respective owners.
Either party may terminate the engagement with 30 days' written notice, unless otherwise specified in the engagement agreement. Client remains responsible for payment of all fees for work completed and expenses incurred through the termination date.
We reserve the right to terminate services immediately if: (a) client fails to pay fees when due; (b) client breaches these Terms or the engagement agreement; (c) client engages in illegal or unethical conduct; or (d) the relationship becomes untenable.
Upon termination, we will provide all completed work product to the client. The client must immediately pay all outstanding fees and expenses. Confidentiality obligations and intellectual property provisions survive termination.
Political campaigns involve numerous variables beyond our control. While we provide expert strategic guidance, we cannot and do not guarantee election results, fundraising totals, media coverage, or any specific outcomes.
Our services are provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the maximum extent permitted by law, Cognitive360 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, even if advised of the possibility of such damages. Our total liability shall not exceed the fees paid by client in the six months preceding the claim.
Clients are ultimately responsible for compliance with all federal, state, and local election laws, including Federal Election Commission (FEC) regulations, campaign finance laws, and disclosure requirements. While we provide guidance on compliance matters, we are not a law firm and do not provide legal advice. Clients should consult with qualified election law attorneys for legal advice.
Clients must ensure proper reporting of campaign expenditures for our services in accordance with applicable law. We will provide necessary documentation to support compliance reporting.
As part of our consulting services, we may provide SMS and text messaging programs for political campaigns, voter outreach, fundraising, and grassroots mobilization. Use of SMS services is subject to these additional terms and applicable law.
All SMS programs must comply with the Telephone Consumer Protection Act (TCPA), state telemarketing laws, and mobile carrier regulations. By engaging our SMS services, clients agree to:
Prior express written consent must be obtained before sending automated text messages. Valid consent requires:
Clients are responsible for obtaining, documenting, and maintaining all required consents.
All text messages must:
Recipients must be able to opt-out of messages at any time by replying with standard keywords such as STOP, END, QUIT, or UNSUBSCRIBE. Opt-out requests must be honored immediately (within the time required by law, typically within one business day). Once opted out, no further messages may be sent except a single confirmation of the opt-out.
SMS services may not be used to:
Clients are solely responsible for ensuring their SMS programs comply with all applicable laws and regulations, including TCPA, state telemarketing laws, and FCC rules. Clients must provide us with compliant recipient lists, consent documentation, and approved message content. Clients are responsible for any violations resulting from their instructions, content, or lists.
We use third-party SMS platforms to deliver messages. These platforms have their own terms of service and acceptable use policies. Clients must comply with all platform requirements. We are not responsible for service interruptions, delivery failures, or platform policy changes.
Mobile carriers may filter, block, or delay messages based on content, volume, or carrier policies. We cannot guarantee message delivery. Carriers are not liable for delayed or undelivered messages. High-volume campaigns may face increased scrutiny and filtering.
Political campaign messages must comply with FEC disclaimer requirements, state campaign finance laws, and political messaging regulations. Required disclaimers must be included where space permits. Certain types of campaign communications may have additional restrictions.
SMS service fees are based on message volume, platform costs, and service complexity. Clients are responsible for all costs including per-message fees, platform fees, short code or toll-free number fees, and carrier pass-through charges. Pricing will be specified in your engagement agreement.
We are not liable for: (a) messages that are blocked, filtered, delayed, or not delivered; (b) recipient mobile carrier charges; (c) violations of TCPA or other laws resulting from client-provided lists or instructions; (d) platform outages or technical failures; (e) carrier policy changes or service interruptions; or (f) loss of phone numbers or messaging capacity.
TCPA violations can result in significant statutory damages ($500 to $1,500 per violation) and class action lawsuits. Clients are ultimately responsible for ensuring their SMS programs comply with all applicable laws. We strongly recommend consulting with qualified telecommunications and election law attorneys before launching SMS campaigns.
We reserve the right to suspend or terminate SMS services immediately if we believe the client is violating TCPA, using non-compliant lists, ignoring opt-out requests, or engaging in practices that could result in legal liability or platform violations.
Client agrees to indemnify, defend, and hold harmless Cognitive360, its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) client's breach of these Terms; (b) client's violation of any law or regulation; (c) client's campaign activities; or (d) materials provided by client that infringe third-party rights.
When using our services or accessing our website, you may not:
These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law provisions.
Any dispute arising from these Terms or our services shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall be conducted in Connecticut, and judgment on the award may be entered in any court having jurisdiction.
Either party may seek injunctive relief in court for breaches of confidentiality or intellectual property rights without first resorting to arbitration.
Entire Agreement: These Terms, together with any engagement agreement, constitute the entire agreement between the parties and supersede all prior agreements and understandings.
Amendments: We reserve the right to modify these Terms at any time. Material changes will be communicated to active clients. Continued use of our services after changes constitutes acceptance.
Severability: If any provision is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Waiver: Failure to enforce any provision does not constitute a waiver of that provision or any other provision.
Assignment: Client may not assign rights or obligations under these Terms without our written consent. We may assign our rights and obligations to a successor entity.
Force Majeure: Neither party shall be liable for failure to perform due to causes beyond reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.
For questions about these Terms of Service, please contact:
Cognitive360
Email: legal@cognitive360.org
Headquarters: Southbury, CT | Castries, St. Lucia
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