Terms and Conditions

Last Updated: October 15, 2025

1. Acceptance of Terms

Welcome to First Cognition Pty Ltd. By accessing or using our websites at firstcognition.com or amorfs.com and our services (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Services.

2. Description of Services

First Cognition Pty Ltd provides AI-driven cognitive analytics, machine learning solutions, and consulting services to enhance decision-making and business intelligence, accessible through firstcognition.com and amorfs.com. The Services may include distinct features or branding under each domain, such as data analytics tools on firstcognition.com and AI model customization on amorfs.com. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice, provided such changes do not materially impact your ability to use paid Services during an active subscription term.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements and are not prohibited from using the Services under applicable Australian or international laws.

4. Account Registration

Account Creation

To access certain features, such as personalized analytics dashboards on firstcognition.com or model training tools on amorfs.com, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Secure your password and account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use at support@firstcognition.com or support@amorfs.com

Account Termination

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent, abusive, or illegal activities
• Fail to pay applicable fees
• Misuse AI-generated outputs in a manner that harms others or violates applicable laws

5. User Responsibilities

You agree to:

• Use the Services in compliance with all applicable Australian and international laws
• Not use the Services for unlawful, defamatory, or harmful purposes
• Not interfere with or disrupt the Services, servers, or networks
• Not attempt unauthorized access to any part of the Services
• Not impersonate any person or entity
• Not transmit viruses, malware, or harmful code
• Not collect or harvest other users' data without consent
• Not use automated systems (e.g., bots, scrapers) without prior written permission
• Respect the intellectual property rights of First Cognition Pty Ltd and third parties

6. Intellectual Property Rights

Ownership

All content, features, and functionality of the Services, including text, graphics, logos, software, algorithms, and design on firstcognition.com and amorfs.com, are owned by First Cognition Pty Ltd or its licensors and are protected by Australian and international copyright, trademark, and intellectual property laws.

License Grant

Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose, such as generating analytics reports on firstcognition.com or customizing AI models on amorfs.com.

User Content

You retain ownership of content you submit to the Services ("User Content"), such as data inputs for analysis or model training. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, store, and process such content to provide and improve the Services. You represent that you have the necessary rights to grant this license.

Restrictions

You may not:

• Copy, modify, or create derivative works of the Services or their components
• Reverse engineer, decompile, or disassemble any software or algorithms
• Remove or alter proprietary notices or branding on either domain
• Use our intellectual property without written authorization
• Frame, mirror, or replicate any part of the Services

7. Payment and Subscriptions

Fees

Certain Services, such as premium analytics on firstcognition.com or advanced model training on amorfs.com, require payment. All fees are stated in Australian Dollars (AUD) and are non-refundable unless otherwise specified in your subscription agreement.

Billing

By providing payment information, you authorize us to charge applicable fees to your chosen payment method. Subscription fees are billed in advance on a monthly or annual basis, as selected during registration.

Price Changes

We may adjust pricing with 30 days' notice to active subscribers via email or account notifications. Continued use after the notice period constitutes acceptance of the new pricing.

Cancellation

You may cancel your subscription at any time through your account settings on firstcognition.com or amorfs.com or by contacting support@firstcognition.com. Cancellations take effect at the end of the current billing period, and no partial refunds are provided.

8. Privacy and Data Protection

Your use of the Services is subject to our Privacy Policy, available at firstcognition.com/privacy-policy and amorfs.com/privacy-policy, which is incorporated into these Terms. Please review it to understand our data collection, use, and protection practices.

9. Prohibited Activities

You may not use the Services to:

• Violate any Australian or international laws or regulations
• Infringe on intellectual property rights
• Transmit harmful, threatening, or offensive content
• Engage in harassment, discrimination, or abuse
• Distribute spam or unsolicited communications
• Engage in fraudulent or deceptive activities
• Compromise system security or integrity
• Interfere with other users' access or experience

10. Third-Party Services and Links

Our Services may integrate with third-party platforms or contain links to external websites from firstcognition.com or amorfs.com. We are not responsible for their content, privacy practices, or terms. Your interactions with third parties are governed by their respective policies.

11. Disclaimers

As-Is Basis

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

No Guarantee

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• AI-generated outputs or analytics will be accurate or reliable for all use cases
• Errors or defects will be corrected
• The Services will meet your specific requirements

Professional Advice

The Services, including AI-generated insights from either domain, do not constitute professional advice. Consult qualified professionals for legal, financial, or other specialized advice.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW, FIRST COGNITION PTY LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) AUD $100.

13. Indemnification

You agree to indemnify, defend, and hold harmless First Cognition Pty Ltd, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of third-party rights
• Your User Content or its use

14. Term and Termination

Term

These Terms commence when you access the Services and continue until terminated.

Termination by You

You may terminate these Terms by discontinuing use of the Services and closing your account via account settings on firstcognition.com or amorfs.com or by contacting support@firstcognition.com.

Termination by Us

We may suspend or terminate your access immediately, without notice, for:

• Breach of these Terms
• Fraudulent, illegal, or abusive activity
• Non-payment of fees
• Extended account inactivity (e.g., 12 months)
• Legal or regulatory requirements
• Any other reason at our reasonable discretion

Effect of Termination

Upon termination:

• Your access to the Services ceases immediately
• We may delete your account and User Content, subject to our Privacy Policy
• Provisions such as Intellectual Property, Limitation of Liability, and Indemnification survive termination

15. Dispute Resolution

Governing Law

These Terms are governed by the laws of the Australian Capital Territory, Australia, without regard to conflict of law principles.

Arbitration

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in Canberra, Australia, in accordance with the rules of the Australian Disputes Centre (ADC). The arbitration shall be conducted in English by a single arbitrator.

Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions or class arbitrations.

Exceptions

Either party may seek injunctive relief in a court of competent jurisdiction for intellectual property infringement or urgent equitable relief.

16. Modifications to Terms

We may modify these Terms at any time. Material changes will be communicated by:

• Posting updated Terms on firstcognition.com/terms and amorfs.com/terms
• Updating the "Last Updated" date
• Sending notice to your registered email address

Continued use after changes constitutes acceptance. If you do not agree, you must stop using the Services.

17. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and First Cognition Pty Ltd regarding the Services.

Severability

If any provision is deemed unenforceable, the remaining provisions remain in effect.

Waiver

Our failure to enforce any right or provision does not waive that right or provision.

Assignment

You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, such as natural disasters or cyberattacks.

No Agency

These Terms do not create a partnership, joint venture, employment, or agency relationship.

Notices

Notices to you will be sent to your registered email address. Notices to us should be sent to legal@firstcognition.com.

18. Contact Information

For questions about these Terms, contact us:

First Cognition Pty Ltd
Email: legal@firstcognition.com
Address: 313 Seven Hills Road, Seven Hills, NSW 2147, Australia
Phone: +61 2 6273 1234

19. Accessibility

We are committed to making our Services accessible to all users. For accessibility issues, contact us at accessibility@firstcognition.com or accessibility@amorfs.com.

20. Export Control

You agree to comply with Australian export control laws and regulations, including the Defence Trade Controls Act 2012, and international sanctions regimes. You represent that you are not located in a country subject to Australian or international embargoes and are not on any prohibited parties list.