Terms of Use for CosmoPro Platform

These Terms of Use ("Terms") are applicable to all users of the CosmoPro platform ("Platform") and to all individuals or entities visiting the Cosmo website ("Website") at

www.CosmoPro.io. In these Terms, "You" and "you" include all such parties, whether acting individually or on behalf of a company or other entity.

By visiting the Website or using the Platform, you affirm that you have read, understood, and accepted these Terms. Additionally, you confirm that you are of legal age to consent and agree to these Terms. If you do not agree, you are not permitted to use the CosmoPro Platform.

The terms "we," "us," and "our" used below refer to CosmoPro.

1. Who May Use the Platform / Subscriptions: Your access to the Platform is contingent upon timely payment of the required fees. Subscriptions to use the Platform are granted upon payment. All users must adhere to these terms. You commit to using the Platform only as allowed in these Terms.

2. Prohibited Actions Regarding the Platform: You are solely responsible for your use of the Platform. Sharing login credentials or allowing others to access the Platform using your information is strictly prohibited.

You agree to comply with all applicable laws while using the Platform, refraining from violating privacy rights, intellectual property rights, or any other legal rights.

The Platform must not be used for or in connection with activities such as email solicitation, spamming, phishing, financial fraud, computer crimes, defamation, discrimination, harassment, or any illegal activities. Violating these prohibitions may result in account suspension or termination.

3. Forms and Submissions

You accept sole responsibility for forms, tables, submission pages, and other content created or generated as you use the Platform. Publicly sharing content grants CosmoPro a worldwide, sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, perform, and display such content on our websites.

4. Account Creation & Security

To complete the signup process and create a login, you must provide a valid email address and other requested information. Creating multiple logins beyond your subscription limits is prohibited. Sharing CosmoPro Account login credentials is strictly forbidden.

5. Payments, Renewals, etc

A. Payments:

You are responsible for payment of applicable taxes and levies. CosmoPro accepts payments through third-party processors, and your payment indicates acceptance of these Terms and the processor's privacy policy.

B. Automatic Renewal:

Subscriptions automatically renew until canceled. Upgrading or downgrading plans may impact included elements.

6. Use of Data

You are responsible for the information, data, and content ("Data") you receive or collect using the Platform. CosmoPro has the right to access, use, and display Data to provide the Platform, support, protect against cyberattacks, and fulfill legal obligations.Refer to our privacy policy for details on handling personal information. We do not modify or sell Data to third parties.

7. Term and Termination

Platform use is permitted for the paid subscription period. Access may be terminated if you materially breach this Agreement.

8. No Warranties

CosmoPro disclaims all implied representations and warranties to the maximum extent permitted by law. CosmoPro is not liable for losses resulting from failure to comply with these Terms.You are solely responsible for all Data posted to your account, and for Data you collect from form submissions, whether or not you personally posted, gathered, or received the Data.

9. Indemnification

You agree to defend CosmoPro against claims arising from your use of the Platform. You also agree to indemnify CosmoPro against damages and costs awarded in favor of claimants.

10. Limitation of Liability  

CosmoPro's liability is limited to the total amount paid for services in the twelve months preceding the claim. CosmoPro is not liable for third-party actions engaged by you. COSMOPRO ACCEPTS NO LIABILITY FOR THE ACTIONS OF ANY THIRD PARTY YOU ENGAGE OR WORK WITH TO ASSIST OR HELP YOU WITH YOUR USE OF OUR PLATFORM OR FORMS.

11. Limitation on Types of Damages

CosmoPro is not liable for indirect, special, punitive, incidental, or consequential damages. The limitations apply even if the possibility of such damages is advised.

THE LIMITATIONS SET FORTH IN THIS SECTION 11 SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH CLAIMS ARE BROUGHT.

12. Other Provisions

A. Modifications To the Platform: CosmoPro reserves the right to modify the Platform, and to stop offering the Platform, with or without notice to you. We always endeavor to improve the Platform, but we do not warrant or guarantee that any particular features or functionality will always be available during the term of your use of the Platform. CosmoPro shall not be liable to you or any third party for any such modifications or changes.

B. Email Delivery of Submissions: CosmoPro cannot guarantee email notification delivery due to internet issues. Install CosmoPro mobile apps for timely notifications.

C. Form Availability: CosmoPro makes no warranty that forms provided by the Platform or that you create will be available 100% of the time or that they will be error free. You are solely responsible for any issues, problems, or damage you experience because of a mistake or error you make in connection with creating or using a form, funnels or the Platform.

D. Other Email Communications: By giving your email address to CosmoPro, you agree to receive occasional administrative, announcements, newsletters, sales, and marketing emails from CosmoPro. You can opt out from these emails by clicking on the “unsubscribe” link at the end of the emails.

E. Trademarks / Use of CosmoPro Links: You may not use or display the CosmoPro trademark or logo without our written permission. If you include a link to a CosmoPro website in your form(s): (a) the link(s) must not suggest or otherwise create the false appearance that CosmoPro is affiliated with any person, entity, or product, or suggest that CosmoPro otherwise endorses, sponsors or is affiliated with any such thing; (b) the appearance, position and other aspects of any CosmoPro links may not be such as to damage or dilute the goodwill associated with the CosmoPro name and trademarks; (c) all links to our websites must “point” to the URL “www.cosmopro.io” and not to other pages within the Website; and (d) all links to the our websites, when clicked on from your form(s), must not display the website within a “frame” on the linking website, or any other website.

F. Assignment: Rights or obligations under this Agreement cannot be assigned without prior written consent.

G. Relationship of the parties; No Third-Party Beneficiaries: The parties are independent entities, and no partnership or agency relationship exists. No third-party beneficiaries exist.

H. Choice of Law: This Agreement is governed by the laws of the State of California.

I. Disputes / Arbitration: Disputes shall be resolved by binding arbitration in Torrance, CA. No jury trial is permitted.THE PARTIES HEREBY VOLUNTARILY WAIVE A TRIAL BY JURY OF ALL CLAIMS, CAUSES OF ACTION, AND DEFENSES. J. Limitations Period. The parties agree that no claim shall be initiated or filed against the other party more than one year after the cause of action arises. K. Manner of Giving Notice. Notices regarding this Agreement shall be in writing and addressed to us to [email protected]

L. Force Majeure: CosmoPro shall not be liable to you for any delay or failure to perform hereunder (excluding payment obligations which may be delayed but not excused) due to circumstances our party’s reasonable control, including acts of God, acts of government, pandemic, flood, fire, earthquakes, civil unrest, acts of terror, labor strikes, service disruptions involving hardware, software or power systems not within such party’s reasonable control, and denial of service attacks.

M. Entire Agreement: This Agreement, together with the Attachments hereto, represents the entire agreement of the parties concerning the subject matter thereof and is intended to be the final expression of their parties’ agreement and intent. This Agreement supersedes all prior and contemporaneous agreements, proposals, and representations, whether written or oral. The parties agree that any terms or conditions stated or referenced in or on a document or documents other than this Agreement that contradict this Agreement are null and void. No amendment, addendum, or other document the intent of which is to add to or otherwise modify the Agreement, or waiver of any provision of the Agreement, shall be effective unless in writing and signed by both parties. 

N. Severability; Construing; Counterparts. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect. The parties expressly agree that this Agreement shall not be construed against either party as the drafter. This Agreement may be executed in counterparts.  

O. Effect of Termination. Upon the expiration of your subscription, or termination of this Agreement for any reason, you agree to cease all access to and use of the CosmoPro Platform. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue the hosting of your forms and Data, and to delete Data pursuant to our internal policies.

P. Modifications To Terms. CosmoPro may, in its sole and absolute discretion, modify these Terms from time to time. If you object to any such changes, your sole recourse shall be to cease using the CosmoPro Platform. Continued use of the CosmoPro Platform following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Q. Links. CosmoPro does not endorse or bear responsibility for third-party websites, products, or services.

In these terms, references to “CosmoPro”, “we”, “us”, and “our” are references to the applicable CosmoPro contracting entity, as set forth above.

S.  No Waiver / Headings / Survival of Terms: Failure to enforce a provision does not constitute a waiver. Section titles are for convenience only. Sections 2, 3, and 5-12 survive termination.

T. Third Party Vendors. If, in your use of the Platform, you enable or use services or functionality from third parties not affiliated with CosmoPro, such as integrations, you are giving your consent to the Platform and the third party provider performing all actions deemed necessary for the performance of service including but not exclusive to implementing vendor integration services into a live production environment without any additional authorization by you. CosmoPro makes no warranties or representations whatsoever with regard to any sFooteruch services, functionality, or merchandise provided by Third Party Vendors.

U. Privacy / Tracking: By using the Website or Platform, you acknowledge and accept the use of tracking technologies as outlined in our Privacy Policy and Cookie Policy.Please contact [email protected] for any queries related to these Terms.