Website Terms of Use (Incognia)
Last updated: April 17, 2026
Please read these terms (“Terms”) carefully. Your access to or use of the Website (defined below) constitutes your consent to these Terms.
These Terms are between you and Incognia US Inc. (together with its affiliates, “Incognia”, “we”, “our”, or “us”). These Terms govern and provide the rules that apply to your access to and use of Incognia’s websites, including www.incognia.com and any webpages that link to these Terms, including services and features connected with or made available through such websites (collectively, the “Website”). These Terms hereby incorporate by this reference any additional terms and conditions posted by us through the Website or otherwise made available to you by us.
BY ACCESSING OR USING THE WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE WEBSITE.
IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE WEBSITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS. REFERENCES TO “YOU” AND “YOUR” IN THESE TERMS WILL REFER TO BOTH THE INDIVIDUAL USING THE WEBSITE AND TO ANY SUCH ORGANIZATION.
These Terms are subject to change by Incognia, in its sole discretion, at any time. We will notify you of any changes by any reasonable means, including by posting revised Terms through the Website. Any changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Any changes to these Terms will be in effect as of the “Last Updated” date referenced in these Terms and will bind you upon your continued access to or use of the Website.
THESE TERMS DO NOT APPLY TO YOUR ACCESS TO AND USE OF INCOGNIA PRODUCTS AND SERVICES THAT ARE PROVIDED UNDER THE INCOGNIA SERVICES AGREEMENT, OR OTHER WRITTEN AGREEMENT SIGNED BETWEEN YOU AND INCOGNIA (IF APPLICABLE).
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 12 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
1. Restrictions.
You agree not to, and not to permit or assist third-parties to:
We may take reasonable steps to protect the Website and enforce these Terms, including restricting access for violations.
2. Content and Intellectual Property
2.1 Incognia Content. The Website and all materials on it, including text, trade names, service marks, trademarks, logos, graphics, images, videos, software, scripts, APIs, SDKs, documentation, downloads, data trademarks, and logos (“Website Content”) are owned by or licensed to Incognia and are protected by proprietary rights and laws. You may not use our trade names, service marks, trademarks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Website should be construed as granting any right to use any trade names, service marks, trademarks, or logos without the express prior written consent of the owner. All rights, title and interest not expressly granted with respect to the Website or the Website Content are reserved and retained by Incognia and, where applicable, its licensors.
We may, at any time and without liability, modify or discontinue all or part of the Website (including access to the Website via any third-party links); or offer opportunities to some or all Website users.
2.2 Limited use. Subject to these Terms, You may access and use the Website and Website Content for lawful personal non-commercial use or internal business purpose not competitive with Incognia consistent with (a) learning about Incognia and our offerings, (b) requesting information, contact us, register for events, and download resources where that feature is made available by Incognia, and (c) sharing links to Website pages within your Organization related to the foregoing. No other rights are granted.
3. Submissions and Feedback
3.1 Your Submissions. You may submit information, content, ideas through forms or any interactive features (e.g., “Contact Us,” event registration, newsletter sign-up) (collectively, “Submissions”). You retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration from you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze, and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes such as testimonials). You represent and warrant that the information is complete and accurate and is not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party, and that you have all rights necessary to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We may monitor, record, review, and retain those Submissions and any related metadata to the extent permitted by applicable law, and may use such communications for Incognia’s legitimate business purposes in accordance with applicable law and Incognia’s Privacy Notice (as defined below).
3.2. Feedback. If you provide ideas, proposals, suggestions, comments, or other feedback about the Website or our offerings (collectively, “Feedback”), you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place us under any fiduciary or other obligation.
4. Third-Party Materials
Certain Website functionality may make available access link to information, products, services, and other materials made available by third parties (“Third-Party Materials”) or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials. Incognia does not control or endorse, nor is Incognia responsible for, any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of the Third-Party Materials, or any intellectual property rights therein.
YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS).
5. Privacy, Cookies, and Related Policies
Each Submission is governed by our Privacy Notice. Our Privacy Notice and Cookies Policy located at https://www.incognia.com/policies/ (collectively, “Privacy Notice”) explains how we process personal data collected through the Website and other media/marketing sources, including cookies. These notices are incorporated by reference into these Terms.
6. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCOGNIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, AND ACCURACY. WE DO NOT WARRANT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) INCOGNIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION (WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT OR UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE); (B) WITHOUT LIMITING THE FOREGOING, INCOGNIA WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR FROM ANY THIRD-PARTY MATERIALS; AND (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THIRD-PARTY MATERIALS IS TO STOP USING THE WEBSITE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF INCOGNIA FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE TEN U.S. DOLLARS ($10). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF INCOGNIA AND ITS RESPECTIVE SUCCESSORS AND ASSIGNS.
8. Indemnification
To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless Incognia and its affiliates, officers, directors, employees, and agents from and against claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your access to or use of the Website in violation of these Terms; (b) your actual or alleged violation of applicable law; (c) your Submissions; or (d) any actual or alleged violation of these Terms by you.
9. Suspension and Termination
We may, without prior notice, suspend or terminate your access to the Website at any time and for any reason, including if we reasonably believe you have violated the spirit of these Terms or if necessary to protect the Website, Incognia, or others. Sections that by their nature should survive will survive (including IP, disclaimers, limitation of liability, indemnity, dispute resolution). Upon such suspension or termination, you will immediately cease accessing or using the Website and agree not to access or make use of, or attempt to use, the Website. You acknowledge that Incognia reserves the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Website.
10. Severability and Waiver
If any provision of these Terms is found invalid or unenforceable, the remainder of this Agreement will remain in full force and effect. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an explicit written waiver. No waiver of a breach of these Terms will constitute a waiver of any prior or subsequent breach of this Agreement.
11. Governing Law
These Terms and any conflict, dispute, claim, or controversy arising from these Terms or your access or use of the Website or Website Content are governed by the laws of the State of California, USA, excluding conflict-of-laws rules. Notwithstanding the agreement to mandatory arbitration provided below, either party may seek any interim or preliminary injunctive relief from a court of competent jurisdiction in San Francisco, CA, as necessary to protect the party's rights or property pending the initiation or completion of arbitration. You and Incognia submit to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in San Francisco, California, U.S.A, without waiving arbitration for the underlying Dispute.
12. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND LIMITS THE MANNER IN WHICH YOU AND INCOGNIA CAN SEEK RELIEF FROM EACH OTHER. THIS SECTION RESTRICTS YOUR RIGHT TO REPRESENT A CLASS IN A CLASS ACTION LAWSUIT AND PRECLUDES YOU AND INCOGNIA FROM SUING IN COURT OR HAVING A JURY TRIAL.
For purposes of this Section 12, “Incognia” includes Incognia and its predecessors, successors, assigns, parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, contractors, licensors, service providers, and authorized representatives; and “you” includes you and, if applicable, any person or entity acting on your behalf, through your account, or asserting a claim derived from your use of the Website or other services, and each of your or those person’s assignees, heirs, trustees, agents, or other representatives.
12.1 Binding Arbitration
Except for the carve-outs provided in Section 12.7, you agree that any and all disputes or claims that have arisen or may arise between you and Incognia or that relate in any way to the Website or Website Content including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, will be resolved exclusively through final and binding individual arbitration, rather than in court. This Section 12 includes claims that arose before acceptance of these Terms and claims that may arise after termination of your relationship with Incognia, to the fullest extent permitted by law.
12.2 Pre-Arbitration Dispute Resolution
Except for the carve-outs provided in Section 12.7, before starting arbitration, either party will first send the other a written notice describing the dispute (in your case, it should be sent to legal@incognia.com or to our business address), the underlying facts affecting the claimant’s claims, and the relief requested. The parties will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you will also personally attend the conference, unless you provide justifications that doing so is an unreasonable burden for you. The parties will attempt in good faith to resolve the dispute within 30 days after the notice is received (described as a whole in this section, the “Pre-arbitration Procedure”). No arbitration proceeding will be initiated before the conclusion of the Pre-arbitration Procedure. This Pre-arbitration Procedure is designed to resolve any claim more quickly and reduce costs for both parties, allowing the party who has received a claim notice to make a fair, fact-based offer of settlement if it chooses to do so.
To facilitate the parties' efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Pre-arbitration Procedure through the date when suit or arbitration may be filed under these Terms.
During the arbitration, the amount of any settlement offer made by you or Incognia shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Incognia is entitled. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court, including for example, under California Code of Civil Procedure Section 998 for arbitrations taking place in California. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary). You may obtain more information about arbitration from www.adr.org.
12.3 Arbitration Rules
The arbitration will be administered by American Arbitration Association. If the claimant is using the Website on behalf of an entity or otherwise in a business capacity, the arbitration will be conducted under the AAA Commercial Arbitration Rules then in effect. Although the Website is conceived and ordinarily used by businesses for business purposes, if the claimant is using the Website as an individual consumer, the arbitration will be conducted under the AAA Consumer Arbitration Rules then in effect. In either case, if the AAA determines that the dispute qualifies as a mass arbitration, the arbitration will also be subject to the AAA Mass Arbitration Supplementary Rules (collectively with the other AAA Rules, as applicable, the “AAA Rules”). If AAA is unavailable or declines to administer the arbitration, the parties will agree to a comparable arbitration administrator, provided that the arbitration remains subject to this Section 12.
The arbitration will be seated in the State of California, United States. Unless the parties agree otherwise, the place of any in-person hearing will be San Francisco County, California, and the arbitration may be conducted remotely (e.g., by videoconference) at the arbitrator’s discretion.
The arbitrator will apply the substantive law specified in these Terms and, to the extent applicable, the Federal Arbitration Act (9 U.S.C. §§ 1–16) will govern the interpretation and enforcement of this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration or the question of waiver by litigation conduct. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. In any arbitration, the arbitrator shall be bound by these Terms and shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. If any part of this Arbitration Agreement cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) shall be severed and stayed in court pending resolution of the claims that must be arbitrated.
The arbitration will be conducted by one (1) arbitrator, selected in accordance with the AAA Rules, who has substantial experience resolving commercial disputes involving technology, online services, or intellectual property. The arbitrator will issue a reasoned written decision explaining the essential findings and conclusions on which any award is based, and any award shall be final and binding on the parties, subject only to such review as is permitted under applicable law and these Terms.
Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
12.4 Costs and Fees
Arbitration fees will be allocated between the parties pursuant to the applicable AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Incognia for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
12.5 INDIVIDUAL BASIS ONLY; CLASS ACTION WAIVER
Arbitration will be conducted on an individual basis only. To the fullest extent permitted by applicable law, no dispute may be arbitrated on a class, collective, representative, or private attorney general basis, and the arbitrator may not consolidate the claims of more than one person or entity. YOU AND INCOGNIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The arbitrator may award 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. If this Section 12.5 is found to be unenforceable in its entirety, then the entirety of this Arbitration Agreement shall be null and void. However, if only a portion of this Section 12.5 is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of this Section 12.5, enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.
12.6 Waiver of Jury Trial
YOU AND INCOGNIA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Incognia are instead electing to have claims and disputes resolved by arbitration, except as specified in this Arbitration Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
12.7 Arbitration Carve-outs
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may (a) bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any state, or federal court or other governing body or authority with lawful jurisdiction for such disputes, or in the U.S. Patent and Trademark Office to protect its intellectual property rights, (b) file small claims courts claims, if it qualifies as such, provided that the small claims court does not permit class or similar representative actions or relief. Finally, if any part of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration.
14. Contact
If You have any questions about these Terms, please contact us at legal@incognia.com.
15. Miscellaneous
These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Incognia. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, are the entire agreement between you and Incognia relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Incognia relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Incognia will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.