Terms of Service

This Kosmoy Terms of Service (“Agreement”) is entered into by and between Kosmoy or the Kosmoy Affiliate identified in an Order (“Kosmoy”) and the entity or person placing an order for or accessing the Service (“Customer” or “you”). This Agreement consists of the terms and conditions set forth below and any Orders.

If you (the person accepting this Agreement) are accepting this Agreement on behalf of your employer or another entity, you agree that: (i) you have full legal authority to bind your employer or such entity to this Agreement, and (ii) you agree to this Agreement on behalf of your employer or such entity.

By clicking on the “Agree” (or similar button or checkbox) that is presented to you at the time of placing an Order, downloading Products, or by using or accessing the Products, you confirm you are bound by this Agreement.

1. Overview

Kosmoy offers a unique Service for developing, deploying and monitoring AI and Large Language Model (LLM)-based applications for businesses, integrating such applications with Third-Party Platforms. Customer maintains sole control over the types and content of all Customer Content it submits to the Service.

2. The Service

2.1 Permitted Use

During the Subscription Term, Customer may access and use the Service only for its internal business or personal purposes in accordance with the Documentation and this Agreement, including any usage limits in an Order.

2.2 Users

Only Users may access or use the Service. Each User must keep its login credentials confidential and not share them with anyone else. Customer is responsible for its Users' compliance with this Agreement.

2.3 Restrictions

Customer will not (and will not permit anyone else to): (a) provide access to, distribute, sell or sublicense the Service to a third party, (b) use the Service on behalf of, or to provide any product or service to, third parties, (c) use the Service to develop a similar or competing product or service, (d) reverse engineer, decompile, disassemble or seek to access the source code, (e) modify or create derivative works of the Service, (f) remove or obscure any proprietary notices, (g) publish benchmarks or performance information, (h) interfere with the Service's operation, (i) transmit any viruses or other harmful materials, (j) allow Users to share User seats, or (k) engage in any fraudulent, misleading, illegal or unethical activities related to the Service.

3. Customer Content

Customer grants Kosmoy the non-exclusive, worldwide right to use, copy, store, transmit and display Customer Content, but only as necessary to provide the Service. Kosmoy uses reasonable technical and organizational measures designed to protect the Service and Customer Content.

4. Commercial Terms

Fees are as described in each Order. Unless the Order provides otherwise, all fees and expenses are due within 30 days of the billing date. Fees for renewal Subscription Terms are at Kosmoy's then-current rates. All fees and expenses are non-refundable except as set out in the Warranty Remedy and Indemnification sections.

5. Warranties and Disclaimers

Kosmoy warrants that the Service will perform materially as described in the Documentation. Except as expressly provided, the Service is provided “AS IS”. Kosmoy and its suppliers make no other warranties, whether express, implied, statutory or otherwise.

6. Term and Termination

Either party may terminate this Agreement if the other party fails to cure a material breach within 30 days after notice, ceases operation without a successor, or seeks protection under bankruptcy proceedings. Upon termination, Customer's access to the Service will cease.

7. Limitations of Liability

Except for Excluded Claims, neither party will have any liability for any loss of use, lost data, lost profits, or any indirect, special, incidental or consequential damages. Each party's entire liability will not exceed the amounts paid by Customer during the prior 12 months.

8. Confidentiality

Each party will hold Confidential Information in confidence and not disclose it to third parties except as permitted in this Agreement. These obligations do not apply to information that is or becomes public knowledge, was rightfully known prior to receipt, or was independently developed.

9. General Terms

This Agreement is governed by the laws of Switzerland. Neither party may assign this Agreement without prior consent, except in connection with a merger or acquisition. The parties are independent contractors.

10. Contact

Kosmoy
Piazza Borromeo 14, 20123 Milan, Italy
Email: info@kosmoy.com

This is a summary of the full Terms of Service. The complete legal text is available upon request at info@kosmoy.com.