Schedule Demo
Log In

Last updated June 2, 2026

KOGNITIVE NETWORKS INC.
TERMS OF USE (Customer Agreement)

Introduction

Kognitive Networks Inc. (“we”, “our”, and “us”) is committed to providing our customers with the most reliable and secure network management services using state-of-the-art technology. These Terms of Use, together with your written Customer Agreement, govern the use of our hardware products (“Products”) and our platform services (“Services”). Should these Terms of Use conflict with the terms of your Customer Agreement, the latter will prevail.

1. Permitted Use and Restrictions on Use

1.1 Subscription License

Subject to the terms of these Terms of Use and our Customer Agreement (this “Agreement”), we grant to you a non-exclusive, non-assignable and non-transferable license on a subscription basis (“Subscription”) to access and use the Services. This license includes a license to access, use and display the software provided by us or on our behalf, whether desktop or mobile app versions (collectively, the “Software”), only for the purpose of accessing and using the Services on any computer at your location or, in the case of mobile app versions, on your mobile device or smartphone. Unauthorized copying of the Software, including, without limitation, software that has been modified, merged or included with the Software, or the written materials associated therewith, is expressly forbidden. You may not sublicense, assign, or transfer this license or the Software except as permitted in writing by us. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void and may result in termination by us of your Customer Agreement and the license.

1.2 Age and Account Set-Up

You represent that, if an individual customer or as a signatory for an entity customer, you are at least 18 years of age. You agree that you are responsible for obtaining the installation services for the Products you have purchased (and for verifying and maintaining the account, options, settings and other parameters under which the Services for which you have subscribed is used, including (without limitation) all related passwords and user identification information.

1.3 Your Responsibility

You agree that you are responsible for:

  1. all access to and use or misuse of the Products and Services through your account or password(s) and for any charges, fees and expenses incurred in accordance with the terms of these Terms of Use and your Customer Agreement, and
  2. the security and confidentiality of your account login and password credentials and for backing up (i) any data you submit, receive or transfer over the Services, and (ii) any data, files, programs, or applications on any device you connect to the Services.

You may not connect the Products to any computer that is not at your location. If a Product is stolen or otherwise removed from your location, you must notify our Customer Care Center immediately.

1.4 Service Use

You agree to comply with our Acceptable Use Policy located at [link] and our Privacy Policy located at https://www.kognitive.net/privacy-policy/, both of which are incorporated into and made a part of these Terms of Use. Without limiting the generality of this Section, you shall not, and shall ensure that others acting through your account do not, use the Services in violation of these Terms of Use, or to violate our Acceptable Use Policy, or to do any of the following:

  1. harm or threaten harm to persons or property;
  2. harass or “stalk” other persons; violate any applicable law, including, without limitation, those related to export control, spam, gambling, obscenity, or computer use or access;
  3. provide instructional information about illegal activities or encourage criminal conduct, conduct that would give rise to civil liability, or that would otherwise violate any applicable local, state, national, or international law; interfere with the normal operation of the Services, disrupt, or create undue burden on the Services (or the networks or computers that provide same or any other user’s use and enjoyment of the Services);
  4. allow another person who has not paid for the Services to access or use the Services on their computer or device through a computer or device; display offensive content on a computer or device, in view of another person; knowingly distribute any virus or other malware;
  5. except for the functionality provided by the Software included as part of the Services, monitor (through, for example, sniffers) any network traffic without express authorization of the owner of the network and the parties to the communications;
  6. attempt to decrypt any encrypted or scrambled communications;
  7. introduce software or automated agents into the Services; or
  8. attempt to impersonate any other person, including any of our representatives or employees, or falsely state or otherwise misrepresent an affiliation with a person or entity.

1.5 Restriction on Resale

Reselling the Services or otherwise making the Services available to anyone who is not at your location (e.g., via Wi-Fi or any other method), in whole or in part, is strictly prohibited.

1.6 No Unauthorized Use of Products, Services or Software

You are strictly prohibited from servicing, altering, modifying, or tampering with the Products, the Software or the Services or permitting any other person who is not authorized by us to do the same. You agree that you shall not copy or duplicate or permit anyone else to copy any part of the Software, reverse engineer the Products or any of their components, or create or attempt to create, by reverse engineering, decompiling, or otherwise, the source code for the Software or the Services or its components, and shall not permit any person other than us to do any of the foregoing.

1.7 Compliance with Laws

You agree to comply with all applicable laws, rules and regulations in connection with the Services, your use of the Services and these Terms of Use.

1.8 Security

You agree to take reasonable measures to protect the security of any devices you connect to the Internet through the Services, including, without limitation, maintaining at your cost an up-to-date version of anti-virus and/or firewall software to protect your devices from malicious code, programs or other internal components (such as a computer virus, computer worm, computer time bomb or similar component). You expressly agree that if your computer or an Internet-connected device becomes infected and causes any of the prohibited activities listed in the Acceptable Use Policy or these Terms of Use, we may immediately suspend your access to and use of the Services until such time as your device(s) is (are) sufficiently protected to prevent further prohibited activities. You will be fully liable for all fees and other charges under your Customer Agreement during any period of suspension. Although we have no obligation to monitor the Services or its network, we reserve the right to monitor bandwidth, usage, transmissions, and content from time to time in order to operate the Services, identify violations of these Terms of Use or your Customer Agreement, or protect our network, the Services and other users of the Services. In all cases, you are solely responsible for the security of any device you choose to connect to the Services, including, without limitation, the security of any data stored or shared on such device(s).

2. Products

2.1 System Requirements

You hereby authorize us to access your location and systems to survey your needs. It is your responsibility, at your expense, to obtain, maintain, and operate suitable and fully compatible computer hardware (including, without limitation, a wireless router if you intend to use the Services on multiple devices and are not purchasing or leasing a Product that offers this functionality) and software required to utilize the Services. You are responsible for backing up the data on your devices prior to our access and we highly recommend that you do so prior to permitting access to us or to one of our designated service providers.

2.2 Terms of Sale

The terms of sale applicable to your purchase of our Products are governed by the following terms, as well as the terms of your Customer Agreement.

  1. Prices. All prices are stated in United States dollars, excluding freight, customs duties, taxes and other charges unless otherwise stated.
  2. Payment. All amounts due for the Products are invoiced at time of order and must be prepaid before shipment. Services subscription fees begin 30 days after activation, are invoiced in advance and are pro-rated for partial months; payment terms are Net 30 date of invoice. In case of late payment, default interest at the rate of 2% for every month or part of a month will be charged from the due date. Setoff is not permitted. No refunds are available.
  3. Delivery and Shipping. All deliveries are ex our warehouse unless otherwise agreed. In the absence of specific instruction from you, we will select the carrier and make such agreement with the carrier as we in our absolute discretion deem appropriate. You bear the shipping risk, regardless of the choice of delivery and shipping method. You must take out any shipping insurance. We will endeavor to deliver the Products within the delivery schedule provided by us but shall not in any event be liable for any loss or damage directly or indirectly sustained from any failure to deliver within such period, or from any failure to give notice of any delay in delivery. Time shall not be the essence of the transactions contemplated by these terms and any delay shall not be the basis of your cancellation or revocation of your purchase obligations. Further, we reserve the right to deliver the Products by installments at our absolute discretion and in such circumstances you shall accept delivery of the Products by installments. Where in order to deliver or collect the Products we or the carrier enter upon your premises, you shall provide full and safe access to us or the carrier and shall be liable for and indemnify us and the carrier against the cost of all loss, damage to property and injury to persons, occurring directly or indirectly as a result of your failure to ensure full and safe access. All shipments made by us are subject to the place of unloading being accessible by passable roads. You are responsible for immediate unloading, and any waiting time is for your account. You shall be responsible for providing adequate labor and/or material handling Products for the loading and unloading of the Products at your vessel or premises. The time of delivery is estimated by us using our best judgment according to the circumstances existing at the time the offer to purchase was accepted by us. We will inform you of any changes in the time of delivery without undue delay.
  4. Title. Title to the Products shall pass to you only upon your payment of the entire purchase price, including any costs incurred and paid by us on your behalf in connection with the delivery, shipment and insurance of the Products, or until the agreed security has been provided, in which event we shall have and retain a purchase money security interest in the Products. You shall do all things requested by us to perfect such security interest. No title to the Services, the Software or any intellectual property or intellectual property right with respect thereto is conveyed to or shall pass to you.

2.3 Force Majeure

We are not liable in damages to you for losses that originate from circumstances outside our control, including labor disputes (strikes and lockouts), fire, war, riot, civil unrest, weather conditions and natural disasters, pandemic, epidemic, currency restrictions, public seizure, import or export bans, interruption of ordinary traffic, including energy supply, significant increases in prices and/or charges, currency fluctuations, production, distribution and supply chain, and delivery difficulties resulting from circumstances for which we are not responsible.

2.4 Installation of Products

You are solely responsible for obtaining and installing any required Products, antennas and other hardware. You represent that there are and will be no legal, contractual or similar restrictions on the installation of the Products at or in the Location(s) you have specified or any encumbrances on the Products created by such installation. It is your responsibility to ensure compliance with all applicable laws and regulations related to the Services, to pay any fees or other charges, and to obtain any permits or authorizations necessary for the installation of Products and/or use of the Services (collectively “Legal Requirements”). You are solely responsible for any fines or similar charges for violation of any applicable Legal Requirements.

3. Services Fees and Payment; Reactivations; Credit Matters

As set forth in your Customer Agreement.

4. Modifications, Rights of Cancellation or Suspension, and Termination

4.1 Modification of the Services

We may discontinue, add to or revise any or all aspects of the Services in our sole discretion and without notice, including, without limitation, access to support services, publications and any other products or services ancillary to the Services. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, communication or other content that we or one of our vendors provide to you in connection with the Services. If we undertake any of these changes, we may, but are not required to, notify you by e-mail, posting a notice on our website or other electronic notice. If you do not agree to the identified changes, then you must cancel your Subscription and stop using the Services prior to the effective date of the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the changes.

4.2 Termination or Suspension by You

You may terminate your Services by giving us 30 days written, electronic or telephone notice, subject to your payment of (i) a Termination Fee, if applicable, (ii) the fee payment through the next month, and (iii) and any other applicable termination fees. We will not provide a pro-rata refund for any pre-paid fees regardless of when your Services is terminated or suspended. We do not accept notices of termination or suspension via chat. You will continue to be liable under your Customer Agreement for all fees and charges until such time as your Services has been properly terminated or suspended. Once your account is terminated, you will no longer have access to the Services.

4.3 Termination or Suspension by Us

We reserve the right in our sole discretion to terminate your Services and your Customer Agreement or suspend your Services at any time (with or without notice), in whole or in part, for any reason, or on 14 days’ prior written or electronic notice if termination or suspension is for our convenience. If we terminate or suspend your Services because you have, or a user of your account has, breached your Customer Agreement or these Terms of Use or violated a law, then notwithstanding the termination or suspension of your Services, you will remain responsible for all payment and other obligations under your Customer Agreement, including, without limitation, the obligation to pay all Termination Fees and charges that may be due as a result of or in connection with such termination or suspension. We will not provide a pro-rata refund for any pre-paid fees regardless of when your Services is terminated.

5. Support Service, Warranties and Limitations of Liability

5.1 Service Levels

  1. Tier 1 Support. We shall provide you with maintenance and technical support services in respect of Products and the Services per the below guidelines:
    • Normal Business Hours support (8 am to 5 pm EST) – response in 30 minutes.
    • Non-Business Hours support – response in 8 hours.
  2. Uptime Availability. We shall provide availability equal to 99.9% in each month of service, excluding scheduled downtime.

5.2 Limited Warranty

  1. General. We warrant to you that during the 12 months after we ship Products manufactured by or for us to you (“Warranty Period”) that Products will perform substantially in accordance with its published specifications in effect on the date of shipment. For clarity, the Products will not operate without a Subscription to the Services. Our sole obligation as to non-conformities, and your sole remedy, is limited to the repair or replacement, at our option, of the defective Products. To make a warranty claim, you must email [email protected] with the serial number and description of the problem and steps taken to resolve the issue. We may elect to provide additional troubleshooting steps to try and restore the unit locally. If the Products cannot be restored, then we will provide you with an RMA tracking number the next business day, via e-mail or telephone.
  2. Repair or Replace. Upon our receipt of the Product with the RMA tracking number, we will use commercially reasonable efforts to repair or replace the returned Product at no charge to you unless:
    • the Product was altered, repaired, or reworked by a party other than us without our prior email or written consent;
    • defects or errors were the result of (I) your improper testing, installation, storage, handling, abuse, or misuse of the Product, or (II) use of an antenna kit or radio package not provided by, or approved by, us;
    • the warranty period for the Product has expired;
    • the Product was damaged as a result of accident, unusual physical, electrical or electromagnetic stress, neglect, misuse, failure or fluctuation of electric power, air conditioning or humidity control, excessive heat or other act of nature, explosion, fire and smoke damage, its operation with other hardware, software or telecommunication interfaces not meeting or not maintained in accordance with the manufacturer’s specifications, or causes other than ordinary use; or
    • we in good faith determine that there is no defect in the returned Product.
    Subject to the provisions of this Section 5.2, defective Products returned during the Warranty Period will be:
    • returned by you to our designated facility, at our expense;
    • repaired or replaced by us at no charge to you; and
    • shipped to you DAP your designated facility (as defined in Incoterms 2020) and you shall be responsible for importation fees and all applicable taxes; provided however that you shall assume risk of loss or damage to Products returned to us for repair or replacement until delivered to us.
    Replacement Product units for those returned within the scope of warranty coverage hereunder will be shipped to you within 1 week within the Continental United States. For all other locations shipping timing will vary and Kognitive Networks will use commercially reasonable efforts to expedite in such circumstances. For repair or replacement services that are not covered by the warranty, or for any out-of-warranty service request, we will invoice you, and you will pay, for (i) our services at our then-current rates; (ii) materials; and (iii) shipping, handling and delivery charges to and from our facilities.

5.3 DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND THE PRODUCTS IS AT YOUR SOLE RISK. WE AND OUR AFFILIATES AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CARRIERS AND CONTENT PROVIDERS (COLLECTIVELY, “PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 5, THE SERVICES, THE PRODUCTS, AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THAT THE FOREGOING SHALL NOT APPLY IN STATES OR COUNTRIES OR TERRITORIES WHERE IT IS PROHIBITED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US OR ANY OF OUR PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. WE AND OUR PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICES. WE AND OUR PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY PRODUCTS, HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW, WHICH MAY ALSO GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

5.4 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY PARTNER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF (I) USE OF THE SERVICES, (II) INABILITY TO USE THE SERVICES, (III) THE PRODUCTS OR ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU, OR (IV) ANY BREACH OF ANY REPRESENTATION OR WARRANTY. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IF FOR ANY REASON, BY OPERATION OF LAW OR OTHERWISE, ANY PORTION OF THE FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT OUR MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY AND THE LIABILITY OF PARTNERS SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED:

  1. FOR PRODUCT-RELATED CLAIMS, THE TOTAL AMOUNT ACTUALLY PAID TO US BY YOU FOR THE PRODUCT, DEPRECIATED OVER A TWELVE (12) MONTH PERIOD BEGINNING ON THE DATE OF DELIVERY TO YOU OF THE PRODUCT, OR
  2. FOR SERVICE-RELATED CLAIMS, THE TOTAL AMOUNT ACTUALLY PAID TO US BY YOU FOR THE SERVICES DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART.

5.5 Applicability and Exceptions

The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if we or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply in states or countries or territories where such exclusions are prohibited.

5.6 Service Interruptions

The Services may be interrupted from time to time for a variety of reasons beyond our reasonable control, including, without limitation, failures of your Internet service provider or cellular or satellite networks. We are not responsible for any interruptions of the Services that occur due to those reasons or due to acts of God (including, without limitation, weather), power failure or any other cause beyond our reasonable control.

5.7 Indemnity

You agree to indemnify, defend and hold us and our Partners harmless against all claims, liability, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or related to any and all uses of your account or the Services. This includes, without limitation, responsibility for all consequences of your violation of these Terms of Use or your Customer Agreement (or a violation by any user of your account) and all costs incurred by us in enforcing them against you. The provisions of this Section are for the benefit of our Partners and us and each shall have the right to assert and enforce such provisions directly on its own behalf. Other than as expressly stated in these Terms of Use, these Terms of Use shall not be deemed to create any rights in third parties.

6. General

6.1 Call Monitoring and Recording

For quality assurance, we may record and/or monitor telephone calls and online chat sessions between you and our agents, employees and/or affiliates regarding the Products and the Services. By using the Services, you (and anyone calling or otherwise contacting us with regard to your account) consent to any and all call and online chat session recording and monitoring performed by us or our agents, employees and/or affiliates.

6.2 Contact Information

You agree that by entering into your Customer Agreement and providing us with your wireless phone number and/or any other telephone number and/or your e-mail address, we or our agents may contact you for: (a) any account-related issues by calling or texting you at such number(s) using a prerecorded/artificial voice or text message delivered by an automatic telephone dialing system and/or using a call made by live individuals, and/or (b) for any account-related issues or for marketing purposes by sending an e-mail to such e-mail address. The consent provided herein continues even if your Services terminates. If you do not wish to receive marketing emails, you may follow the opt-out instructions contained in any such email by making an opt-out request or by visiting https://www.kognitive.net/privacy-policy/.

6.3 Applicable Law

These Terms of Use constitute an agreement between us and is deemed to have been made in the State of Illinois, and they and all of the parties’ respective rights and duties, including, without limitation, claims for violation of state consumer protection laws, unfair competition laws, and any claims in tort shall be governed by and construed in accordance with the laws of the State of Illinois, in the United States, excluding conflicts of law provisions.

6.4 Dispute Resolution

To expedite resolution of issues and control the cost of disputes, you and we agree that any legal or equitable claim relating to these Terms of Use, your Customer Agreement, the Products or the Services (referred to as a “Claim”) will be resolved as follows: We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding until at least 60 days after one of us notifies the other of a Claim in writing (“Notice”). You will send your Notice to our corporate address found on our website, to the attention of the Kognitive Networks Legal Department, and we will send our Notice to your billing address. If we and you are unable to resolve the Claim within 60 days after Notice is received, then we and you agree to arbitrate any and all Claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  1. Any Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, statute, fraud, misrepresentation, tort, or any other legal theory;
  2. Any Claims that arose before your Customer Agreement or any prior agreement between us;
  3. Any Claims that are currently the subject of a purported class action suit in which you are not a member of a certified class; and/or
  4. Any Claims that may arise after the termination of your Customer Agreement.

This Dispute Resolution provision does not preclude you from bringing issues to the attention of federal, state, foreign or local agencies, including, for example, the Federal Communications Commission. If the law allows, these agencies may seek relief against us on your behalf. You agree that by entering into your Customer Agreement or by accepting and using the Products and Services you and we each waive the right to participate in a class action and/or a trial by jury. These Terms of Use and your Customer Agreement each evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This Dispute Resolution provision shall survive termination of your Customer Agreement. The arbitration shall be governed by the Consumer Arbitration Rules (collectively, the “Arbitration Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The Arbitration Rules are available online at https://adr.org/, by calling the AAA at 1-800-778-7879, or by writing to the address on the first page of your Customer Agreement to the attention of the Kognitive Networks Legal Department. The arbitrator is bound by the terms of your Customer Agreement and these Terms of Use. All issues shall be for the arbitrator to decide, except issues relating to the scope and enforceability of this Dispute Resolution provision, which shall solely be for a court of competent jurisdiction to decide. Any arbitration hearings shall take place at a location that is reasonably convenient to you and Kognitive Networks, and absent mutual agreement regarding location, in Chicago, Illinois. During the arbitration, neither party shall disclose to the arbitrator the amount of any settlement offer made by either party, until after the arbitrator determines the amount, if any, to which you or we are entitled. If your claim is for $50,000 or less, you and we agree that you may choose whether the arbitration will be conducted solely (a) on the basis of documents submitted to the arbitrator, (b) through telephonic hearings, or (c) by an in-person hearing as established by the Arbitration Rules. If your claim is in excess of $50,000, the right to a hearing shall be determined by the Arbitration Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficiently explaining the essential findings and conclusions on which the award is based. If the arbitrator finds that either the substance of your Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)), then the payment of all fees related to the arbitration shall be governed by the Arbitration Rules. In such case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the Arbitration Rules. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, the arbitrator may not consolidate more than one person’s Claim and may not otherwise preside over any form of a representative or class proceeding, unless both you and we otherwise agree in writing. Any cause of action brought by you, or by users of your account, with respect to these Terms of Use, the Products or the Services or your Customer Agreement must be instituted within one year after the claim or cause of action has arisen or it will be barred.

6.5 Notices, Disclosures and Other Communications

Where notification by us is contemplated by or related to these Terms of Use or your Customer Agreement, notice may be made by any reasonable means, including, without limitation, e-mail. A printed version of these Terms of Use and of any notice given in electronic form by us shall be admissible in judicial, arbitration, or administrative proceedings relating to or based upon these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You must promptly notify us of any change in your Payment Method, e-mail or postal address by calling, e-mailing or writing to Kognitive Networks Customer Care.

6.6 Construction and Delegation

If any term of these Terms of Use is found by a court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable, it shall be construed in such a way as to eliminate the offending aspects while still giving as much effect as possible to the intentions of such term. If this cannot be done and the entire term is invalid, illegal or unenforceable and cannot be so repaired, then the term shall be considered to be stricken from these Terms of Use as if it had not been included from the beginning. In any such case, the balance of these Terms of Use shall remain in effect in accordance with its remaining terms notwithstanding such invalid, illegal or unenforceable term. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of these Terms of Use. We may authorize or allow our Partners, contractors and other third parties to provide the services necessary or related to making the Services available and to perform obligations and exercise our rights under these Terms of Use, and we may collect payment on their behalf, if applicable.

6.7 Miscellaneous

We may enforce or decline to enforce any or all of the terms of these Terms of Use in our sole discretion. In no event shall we be required to explain, comment on, suffer liability for or forfeit any right or discretion based on the enforcement, non-enforcement or consistency of enforcement of these terms. Captions used in these Terms of Use are for convenience only and shall not be considered a part of these Terms of Use or be used to construe its terms or meaning. The provisions of any Sections of these Terms of Use, which by their nature should continue, shall survive any termination of these Terms of Use.

6.8 Assignment of Account

We may sell, assign, pledge or transfer your Customer Agreement (including any addendum thereto), your account or an interest in your account to a third party without notice to you. In the absence of a notice of such sale or transfer, you must continue to make all required payments to us in accordance with your billing statement.

6.9 Entire Agreement

These Terms of Use, together with your Customer Agreement, collectively constitute the entire and only agreement with respect to its subject matter between you and us and supersede all prior and contemporaneous representations, proposals, inducements, assurances, promises, agreements and other communications with respect to its subject matter as well as the terms of any subsequent purchase order.