1.1 Introduction:
Kozmosi (“Kozmosi,” “we,” “us,” “our”) provides its services (described below) to you through its website located at kozmosi.io (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
1.2 Modifications to Terms of Service:
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.
1.3 Privacy:
At Kozmosi, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
2.1 Use Description:
The Kozmosi service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Kozmosi purchase, we grant you a limited, non-exclusive, non-transferable license to access the Kozmosi content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You agree not to use the service for public performances. Kozmosi may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
2.2 Your Registration Obligations:
You may be required to register with Kozmosi to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
2.3 Member Account, Password, and Security:
You may never use another person's account, and you may not provide another person with the username and password to access your account. You should maintain control over all the devices that are used to access the Service. If you fail to maintain control of a device, other users may access the Service through your account and may be able to access certain account information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Kozmosi of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Kozmosi will not be liable for any loss or damage arising from your failure to comply with this Section.
2.4 Modifications to Service:
Kozmosi reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Kozmosi will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period beyond what may be required by applicable law.
2.5 General Practices Regarding Use and Storage:
You acknowledge that Kozmosi may establish general practices and limits concerning the use of the Service, including without limitation the maximum period that data or other content will be retained by the Service and the maximum storage space that will be allotted on Kozmosi's servers on your behalf. You agree that Kozmosi has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Kozmosi reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that Kozmosi reserves the right to change these general practices and limits at its sole discretion, with or without notice.
2.6 Mobile Services:
The Service may include certain services available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). If you access the Service through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. Additionally, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or service providers (such as customer support, billing or collections companies, and text message service providers) whom we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. If you change or deactivate your mobile telephone number, you agree to promptly update your Kozmosi account information to prevent your messages from being sent to the person who acquires your old number.
2.7 Money Back Guarantee:
Unless otherwise noted during your purchase of the Service you choose, as required by applicable law in your jurisdiction, or as set forth in the refund policy applicable to any Service you purchase through a third-party marketplace (see Section 3.3 below), if you become dissatisfied with the Service within the first 30 days after purchase, Kozmosi will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 30 days after a purchase. Refunds are not available for accounts that have violated the terms of service; violations are determined at Kozmosi's sole discretion. If Kozmosi determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or ask a question about the 30-day money back guarantee, email Support at support@kozmosi.com.
3.1 User Conduct:
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Kozmosi reserves the right to investigate and take appropriate legal action against anyone who, in Kozmosi' sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of MasterClass, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Kozmosi or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
f- urther or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
3.2 Fees:
If the Service or any part thereof is offered for a fee, you will need to select a payment plan and provide Kozmosi with your credit card or other payment instrument details. You confirm and assure Kozmosi that this information is accurate and that you have the authority to use the payment method. In case of any changes to your account information (such as billing address or credit card expiration date), you will promptly update it. You agree to pay Kozmosi the specified amount in the chosen payment plan (plus applicable taxes) according to both the plan's terms and these Terms of Service. By doing so, you authorize Kozmosi to charge your payment instrument as per the applicable payment plan (plus any relevant taxes) until you cancel your account, and you also agree to cover any incurred charges. Should you have any dispute concerning charges, you must inform Kozmosi within sixty (60) days of the charge date. We retain the right to adjust Kozmosi's prices. Continuing to use the Service after the price change is implemented implies your acceptance of the new price.
3.3 Recurring Subscriptions:
If you opt for a Service with an auto-renewal feature ("Recurring Subscription"), you grant Kozmosi permission to retain your account information and automatically charge your account upon the renewal of your chosen Service without any further action on your part. If Kozmosi cannot bill your account as authorized when you signed up for a Recurring Subscription, Kozmosi may, at its sole discretion: (i) bill you for the Service and suspend your access until payment is received, and/or (ii) update your account information using third-party sources (such as your bank or a payment processor) to continue charging your account as authorized.
Kozmosi may modify the price for Recurring Subscriptions periodically and will communicate any price changes in advance, along with instructions on how to accept them if applicable. Changes in price for Recurring Subscriptions will take effect at the commencement of the next subscription period after the price change. In jurisdictions where permitted by local law, you acknowledge the new price by continuing to use your Recurring Subscription after the price adjustment becomes effective. If you disagree with the revised pricing, you have the right to decline it by canceling your Recurring Subscription before the new pricing takes effect. Thus, please carefully review any notifications about price changes.
Payments are nonrefundable, and no refunds or credits will be issued for partially used periods. While you can cancel a Recurring Subscription at any time, if you terminate your subscription before the current subscription period ends, no refund will be provided for subscription fees already paid. Nonetheless, after cancellation, you will retain access to the service until the end of the current subscription period. We reserve the right, at our sole and absolute discretion, to offer refunds, discounts, or other considerations to some or all users ("credits"). The nature and form of such credits, as well as the decision to grant them, are at our discretion. The provision of credits in one instance does not establish an entitlement to credits in similar instances in the future, nor does it obligate us to provide credits in the future, under any circumstances.
If you purchase a Service via a mobile purchase or a third-party marketplace (e.g., Apple App Store or Google Play Store), the refund policy of that third-party marketplace will apply, unless Kozmosi explicitly states otherwise. Unless explicitly stated otherwise by Kozmosi, the third-party marketplace solely handles refunds under its refund policy, and Kozmosi has no refund obligations. Kozmosi disclaims any responsibility or liability related to the refund policy of any third-party marketplace or the third party's adherence or nonadherence to that policy.
If you subscribed through iTunes on your Apple mobile device, you can cancel by navigating to your Account Settings in the App Store. Subscriptions can be found in your device's Settings app under iTunes & App Store, and then by selecting your Apple ID. If you subscribed through our website, you can cancel by reaching out to Support at support@kozmosi.io.
For subscriptions via the Google Play Store on your Android mobile device, you can cancel by opening the Google Play Store and selecting "Menu" > "Subscriptions." You can then choose the subscription to cancel or update and follow the onscreen instructions.
For website subscriptions, you can cancel by contacting Support at support@kozmosi.io or by visiting your account's Settings, selecting "Cancel" under the Subscription box, and then following the onscreen instructions to proceed with the cancellation.
3.4 Commercial Use:
Unless explicitly authorized herein or in writing by Kozmosi, you undertake not to utilize, display, distribute, license, perform, publish, reproduce, replicate, create derivative works from, modify, sell, resell, exploit, transfer, or upload any portion of the Service, use of the Service, or access to the Service for any commercial purposes. The Service is exclusively intended for your non-commercial, personal, and entertainment usage.
4.1 Service Content, Software, and Trademarks:
You acknowledge and agree that the Service may contain content or features ("Service Content") that are safeguarded by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as explicitly permitted by Kozmosi, you consent not to alter, replicate, frame, scrape, lease, loan, vend, distribute, or create derivative works based on the Service or the Service Content, either wholly or partially, with the exception that this provision doesn't apply to your own User Content (as defined below) that you legally upload to the Service. While using the Service, you will refrain from engaging in or using any data mining, robots, scraping, or similar data collection or extraction methods. If Kozmosi prevents your access to the Service (including IP address blocking), you agree not to devise any methods to circumvent such prevention (e.g., by masking your IP address or utilizing a proxy IP address). Any use of the Service or the Service Content contrary to the specific authorization herein is strictly prohibited. The technology and software underpinning the Service or disseminated in conjunction with it are the properties of Kozmosi, its affiliates, and its partners (the "Software"). You agree not to duplicate, modify, generate derivative works from, reverse engineer, reverse compile, or endeavor to unveil any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not explicitly granted in this context are reserved by Kozmosi.
The name and logos of Kozmosi are trademarks and service marks of Kozmosi (collectively, the "Kozmosi Trademarks"). Other product, service, and brand names and logos of Kozmosi used and displayed through the Service may be trademarks or service marks of their respective owners, who may or may not endorse or be associated with Kozmosi. Nothing in these Terms of Service or the Service should be interpreted as granting, whether implicitly, by estoppel, or otherwise, any license or right to use any Kozmosi Trademarks exhibited on the Service without our prior written consent in each specific case. Any positive reputation generated from the utilization of Kozmosi Trademarks will accrue solely to our exclusive advantage.
4.2 Third Party Material:
Under no circumstances will Kozmosi be accountable for any content or materials provided by third parties (including users), encompassing but not limited to, any mistakes or omissions in any content, or any loss or damage of any type incurred due to the use of any such content. You acknowledge that Kozmosi doesn't pre-screen content, but Kozmosi and its appointed representatives maintain the right (though not the obligation) at their sole discretion to reject or withdraw any content accessible via the Service. Notwithstanding the above, Kozmosi and its representatives maintain the right to delete any content that contravenes these Terms of Service or is considered by Kozmosi, at its sole discretion, to be otherwise objectionable. You concur that you must appraise and assume all risks tied to the use of any content, including your reliance on the accuracy, comprehensiveness, or usefulness of such content.
4.3 User Content Transmitted Through the Service:
Regarding the content or other materials you upload via the Service or share with other users or recipients (collectively, "User Content"), you affirm and guarantee that you hold all legal rights, title, and interest in and to such User Content, incorporating, without limitation, all copyrights and publicity rights contained within. You additionally assert that you possess all necessary rights to post or transmit such content or materials without breaching any rights of third parties. By uploading User Content, you hereby grant and will continue to grant Kozmosi, its affiliated firms, and partners (including but not confined to Kozmosi instructors, professionals, and other third parties providing instructional information through the Services, collectively referred to as "partners") a nonexclusive, global, royalty-free, fully paid, transferrable, sublicensable, permanent, and irrevocable license to reproduce, exhibit, upload, adapt, enact, publish, distribute (through numerous tiers of distribution and partnerships), store, alter, and otherwise utilize and comprehensively exploit your User Content in any and all forms, media, formats, technologies, or distribution approaches, whether presently known or subsequently developed, and for any and all reasons, whether commercial or otherwise.
You acknowledge and consent that any queries, commentary, suggestions, concepts, feedback, or other pertinent information pertaining to the Service ("Submissions") that you communicate to Kozmosi, its affiliated firms, or partners are non-confidential, and Kozmosi, its affiliated companies, and partners shall be entitled to unimpeded utilization and dissemination of these Submissions for any objective, whether commercial or not, without the requirement for acknowledgment or compensation to you.
You acknowledge and accept that Kozmosi may safeguard content and might also reveal content if mandated by law or in the legitimate belief that such preservation or disclosure is moderately essential to: (a) comply with legal procedures, applicable laws,
or government appeals; (b) uphold these Terms of Service; (c) react to claims asserting that any content breaches third-party rights; or (d) protect the rights, assets, or personal well-being of Kozmosi, its users, and the general public. You comprehend that the technological processing and transmission of the Service, inclusive of your content, may involve (a) transfers across diverse networks; and (b) modifications to adhere and adapt to the technical requisites of connecting networks or devices.
4.4 Copyright Complaints:
Kozmosi respects the intellectual property of others. If you genuinely believe that any materials on the Service violate your copyrights, please send the ensuing information to Kozmosi's Copyright Designated Agent at copyright@kozmosi.io:
(1) Identification of the copyrighted work claimed to have been infringed, or, if several copyrighted works at a single online site are affected by a single notice, a representative list of those works at that site;
(2) Identification of the material that is alleged to be infringing or to be the subject of infringing activity and that requires removal or access restriction, coupled with information reasonably sufficient to locate the material;
(3) Your address, contact number, and email address;
A statement by you, made under penalty of perjury, asserting that you genuinely believe that the material in question is not authorized by the copyright owner, their agent, or the law;
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner;
(4) A physical or electronic signature of the copyright owner or the individual authorized to act on behalf of the copyright owner.
4.6 Counter-Notice:
If you believe that your User Content, which was removed (or to which access was disabled), is not infringing, or that you possess the necessary authorization from the copyright owner, their agent, or pursuant to the law to utilize the content in your User Content, you may dispatch a written counter-notice containing the subsequent particulars to the Copyright Agent: your physical or electronic signature; identification of the content that was removed or access-restricted, along with the location where the content appeared before removal or restriction; a declaration that you have a bona fide belief that the removal or restriction resulted from a mistake or a misidentification of the content; your name, address, phone number, and email address; a statement confirming that you will acknowledge service of process from the party who provided the original notice of alleged infringement.
Upon receipt of a counter-notice, if a valid one is received by the Copyright Agent, Kozmosi will transmit a copy of the counter-notice to the original complainant, notifying them that they can replace the removed content or cease its restriction within ten business days. Unless the copyright owner commences legal action seeking a court directive against the content provider, member, or user, the removed content may be restored, or access to it reinstated, within 10 to 14 business days or more after the counter-notice's receipt, at our sole discretion.
4.7 Repeat Infringer Policy:
In alignment with the DMCA and other applicable regulations, Kozmosi has adopted a policy to discontinue, when appropriate and at Kozmosi's sole discretion, the accounts of users who are regarded as repeat infringers. Kozmosi may also at its sole discretion restrict access to the Service and/or terminate memberships of any users who infringe upon the intellectual property rights of others, irrespective of whether repeat infringement has occurred or not.
The Service may provide access to links or other connections to additional websites and resources on the Internet, either directly or through third parties. Kozmosi exercises no control over these external sites and resources, and Kozmosi does not endorse or take responsibility for them. You also acknowledge and accept that Kozmosi will not bear responsibility or liability, be it direct or indirect, for any harm or loss resulting from, or purportedly resulting from, the utilization of or reliance on any content, occurrences, products, or services accessible on or via any such external site or resource. Any interactions you engage in with third parties encountered while using the Service are exclusively between you and the third party. You consent that Kozmosi is not accountable for any losses or claims you might have against such third parties.
You have the option to connect or log in to the Service through various third-party online platforms, like social media and social networking services such as Facebook or Twitter ("Social Networking Services"). This integration enhances your online experiences by personalizing them. To utilize these capabilities, we might request you to authenticate, sign up for, or log in to Social Networking Services directly on the websites of their respective providers. Through this integration, the Social Networking Services may grant us access to specific information you've provided to them. We will handle, store, and disclose this information following our Privacy Policy. For more details about the consequences of enabling these Social Networking Services, as well as how Kozmosi utilizes, stores, and discloses information related to your use of these services within Kozmosi (including aspects like your friend lists), please consult our Privacy Policy.
Nonetheless, it's important to remember that how Social Networking Services handle, store, and disclose your data is solely governed by the policies of these third-party entities. Kozmosi bears no liability or responsibility for the privacy practices or actions of any third-party site or service that might be enabled within the Service.
Furthermore, Kozmosi cannot guarantee the accuracy, availability, or reliability of any information, content, products, data, viewpoints, advice, or statements offered in conjunction with Social Networking Services. Consequently, Kozmosi is not accountable for any harm or loss purportedly caused by or in connection with the utilization of or trust in such Social Networking Services. These features are integrated into Kozmosi solely for convenience, and their inclusion does not indicate endorsement or recommendation by Kozmosi.
To the maximum extent permitted by applicable law, you agree to release, indemnify, and hold Kozmosi and its affiliates, as well as their officers, employees, directors, and agents, harmless from any and all losses, damages, expenses, including reasonable legal fees, rights, claims, actions of any nature, and injuries (including death) arising from or related to your use of the Service, any User Content, your connection to the Service, your breach of these Terms of Service, or your infringement of any third-party rights. For California residents, you expressly waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known by them, would have materially affected their settlement with the debtor or released party.” If you reside in a jurisdiction other than California, you waive any similar statute or doctrine that may be applicable.
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY STATED OTHERWISE HEREIN, KOZMOSI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
KOZMOSI MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KOZMOSI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KOZMOSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL KOZMOSI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID KOZMOSI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
This Section 10 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at support@kozmosi.io, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Kozmosi at support@kozmosi.io. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Kozmosi will also not be bound by them. If Kozmosi changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Kozmosi's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Kozmosi in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE BETWEEN YOU AND KOZMOSI REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLEMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
You agree that Kozmosi, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Kozmosi believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Kozmosi may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Kozmosi may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Kozmosi will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Kozmosi will have no liability or responsibility with respect thereto. Kozmosi reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Kozmosi and govern your use of the Service, superseding any prior agreements between you and Kozmosi with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. The failure of Kozmosi to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Kozmosi, but Kozmosi may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Kozmosi be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Please contact us at support@kozmosi.io, or through our help desk to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
