Terms & Conditions
Last updated: July 20, 2026
If your institution has signed a KogIT Client Agreement — and, where student data is involved, a FERPA & COPPA Data Protection Addendum — those signed documents govern your use of the service. These terms apply to everyone else, and fill any gaps the signed agreement does not address.
1. Agreement
These Terms govern access to and use of the KogIT Labs portal and the interactive simulations reached through it, provided by KogIT LLC ("KogIT", "Provider"). By accessing or using the service, you agree to be bound by them. Where the service is provided to a school, district, college, university or employer (the "Client"), the Client is responsible for its authorized users' compliance.
2. Purpose and scope
KogIT provides browser-based, interactive simulations designed for professional training, educational enhancement, and skills assessment. The service is intended for educational and training purposes only.
3. Limited license
Subject to continued compliance with these Terms, KogIT grants the Client a limited, non-exclusive, non-transferable and non-sublicensable license to access and use the simulations for its own internal training, educational or evaluative purposes, for the duration of the applicable subscription term.
No ownership, title or interest in the simulations or related intellectual property transfers to the Client.
4. Ownership and intellectual property
All simulations, underlying software, proprietary methods, workflows, operational logic, text, graphics, visual assets and documentation, and all related intellectual property rights, remain the exclusive property of KogIT and its licensors. Copyright notices, trademark legends and proprietary notices must not be removed, obscured or altered.
5. Authorized users and access management
Access is limited to individual users expressly authorized by the Client within its purchased subscription plan. The Client is responsible for keeping login credentials confidential and for preventing unauthorized access, use or disclosure.
Educator and student accounts are provisioned by the Client's staff. Credentials must not be shared between individuals.
6. Prohibited use
The Client and its users shall not:
- Copy, reproduce, modify, distribute, sell, sublicense, lease, rent or otherwise commercially exploit the simulations;
- Share access credentials with, or permit access by, anyone not expressly authorized;
- Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, logic, algorithms or workflow designs;
- Record, scrape, capture, replicate or redistribute simulation content, data or outputs for any external, commercial or competitive purpose;
- Use the simulations to develop, benchmark, inform or support any competing product or service;
- Use the service in any unlawful, harmful, threatening, harassing, discriminatory, defamatory or otherwise abusive manner.
7. Client responsibility and legal compliance
The Client is solely responsible for all activity conducted through its accounts, for ensuring its users understand and follow these Terms, and for compliance with all applicable laws — including those governing employment, education, data protection, privacy and non-discrimination.
KogIT is not liable for the Client's particular use of the simulations, or for decisions, actions or outcomes based on simulation content or results.
KogIT does not have access to the data inside a running simulation session. Simulation reports must be saved by the user at the time of completion. Provided users are notified of that responsibility, KogIT is not liable for reports that are not saved.
8. Acceptable use in education and employment
The simulations are supplemental tools for learning, practice and assessment. They must not be used as the sole, determinative or primary basis for decisions about hiring, termination, promotion, discipline, academic grading, or any legal determination.
The Client assumes responsibility for applying the simulations ethically, fairly and lawfully within its institution.
9. Student data, FERPA and COPPA
Where the service is used with students, KogIT acts as a School Official with a legitimate educational interest under FERPA, operating under the Institution's direction. For K-12 students under 13, the Institution provides consent on parents' behalf, for educational use only.
Student data is used solely to deliver the service. It is never sold, never used for advertising or profiling, and never disclosed except to the sub-processors listed in our Privacy Policy or where strictly required by law. Institutions may request deletion at any time.
Institutions handling student data should execute the FERPA & COPPA Data Protection Addendum alongside their Client Agreement. Contact contact@ekogit.com for a copy. Full detail is in the Privacy Policy.
10. Data ownership and analytics
The Client retains full ownership of user-specific and user-generated data submitted through or created within the simulations. KogIT may collect and analyse anonymised, aggregated, non-identifiable usage data for analytics, product improvement, service optimisation and performance monitoring.
KogIT does not sell, license or disclose Client data to third parties except as strictly required by law or as set out in the Privacy Policy.
11. Confidentiality
Each party will keep confidential the other's non-public, proprietary or confidential information, use it only as needed to perform under these Terms, and not disclose it to third parties without prior written consent.
12. Simulation fidelity
The simulations depict fictionalised, hypothetical or generalised scenarios built for educational engagement. They do not replicate real-world systems, environments, conditions or outcomes with precision, and are not intended for live operational use, real-time decision-making, or as a substitute for professional judgement.
13. No warranties
The service is provided "as is" and "as available". KogIT disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness and reliability.
KogIT does not guarantee any particular outcome, including job placement, certification, skill mastery or performance improvement.
14. Service availability and updates
KogIT uses commercially reasonable efforts to keep the platform available, but does not guarantee uninterrupted, timely, secure or error-free service. KogIT may update, modify, enhance or discontinue features, functionality or content at any time.
15. Simulation access time
Where access to a streamed simulation is purchased for a twelve (12) hour period, an additional thirty (30) minutes is granted to absorb delays in server connection, initialisation or loading.
It is the user's responsibility to stop the stream timer at the end of a session. By purchasing a simulation the user accepts responsibility for managing their access time and releases KogIT from liability relating to its use, management or expiry. Simulation access time is non-refundable.
KogIT does not warrant uninterrupted access and is not liable for interruptions, delays, outages or technical issues affecting access or performance; these do not entitle a user to extensions, refunds or compensation beyond the thirty (30) minute allowance above. KogIT is not responsible for failures or delays caused by circumstances beyond its reasonable control, including acts of God, natural disasters, power outages, internet disruption, cyberattacks, labour disputes, governmental action or other force majeure events.
Educators can set a per-student cap on streamed simulation time for a class from Class Management. The cap is enforced by KogIT's servers; usage beyond it is refused.
16. Refunds
Eligibility
- Refund requests must be made within 7 days of purchase.
- The simulation must have less than 2 hours of total usage time.
Not refundable
- Requests made more than 7 days after purchase.
- Simulations with 2 hours or more of usage time.
- Once usage passes these limits, KogIT is not obligated to issue any refund, partial or full.
How to request
Contact contact@ekogit.com with your order details and the reason. Approved refunds are returned to the original payment method within 5–10 business days. Completing a purchase acknowledges this Refund Policy.
17. Suspension and termination
KogIT may suspend or terminate access immediately, without notice, on a material breach of these Terms by the Client or its users, on activity KogIT reasonably judges to be abuse, misuse or fraud, or on non-payment of fees when due. On termination, all licenses granted here cease immediately.
18. Indemnification
The Client will indemnify, defend and hold harmless KogIT, its affiliates, officers, directors, employees and agents against claims, damages, liabilities, losses, costs and expenses (including reasonable legal fees) arising from the Client's misuse of the simulations, breach of these Terms, or failure to comply with applicable law.
19. Limitation of liability
To the maximum extent permitted by law, KogIT is not liable for indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, goodwill, data or other intangible losses.
KogIT's total aggregate liability, regardless of the cause of action, will not exceed the total fees actually paid by the Client to KogIT in the twelve (12) months immediately preceding the event giving rise to the claim.
20. Governing law
These Terms are governed by and construed under the laws of the jurisdiction in which KogIT is incorporated, without regard to conflict-of-law principles.
21. Referral and affiliate program
KogIT operates a referral and affiliate program under separate published program terms, covering attribution, commission eligibility, non-circumvention and marketing conduct. Contact contact@ekogit.com for details.
22. Changes to these Terms
KogIT may revise these Terms by updating this page, and will update the date at the top. Clients with a signed agreement will be notified of material changes directly.
23. Contact
KogIT LLC
800 North St, Wilmington, DE 19801
contact@ekogit.com · Text: +1 (302) 722-6727
kogitlabs.com