Last Updated: November 7, 2024
These Terms of Service govern your access to and use of
Cosmo's WhatsApp-based conversational AI platform.
By using our services or clicking "I agree," you accept these terms in full.
1. Parties
These Terms of Service ("Agreement") constitute a legally binding agreement between:
Cosmic Ventures Holdings Inc. ("Cosmo," "we," "us," or "our"), a Delaware corporation, and
You, the user ("User," "you," or "your"), an individual or entity accessing or using Cosmo's services.
2. Services
2.1 Cosmo provides a WhatsApp-based conversational agent platform ("Platform") that enables businesses to engage with their customers.
2.2 The Platform includes:
Automated customer response capabilities
Live agent handoff functionality
E-commerce integration features
Customer tracking and analytics
Promotional messaging tools
Cart recovery functions
3. User Obligations
3.1 Compliance Requirements
You must:
Maintain compliance with WhatsApp's Business Policies and Meta's Commerce Policy
Comply with all applicable laws and regulations
Secure and maintain valid WhatsApp Business accounts
Provide accurate registration information
Maintain security and ownership of your phone number, if provided by you
3.2 Prohibited Activities
You must not:
Send spam or unsolicited messages
Sell illegal items or items prohibited by WhatsApp's Commerce Policy
Engage in fraudulent or deceptive practices
Violate any third-party rights
Attempt to reverse engineer the Platform
Share access credentials with unauthorized users
3.3 Violation Consequences
Cosmo reserves the right to:
Immediately terminate your access without notice
Report violations to relevant authorities
Pursue legal action for damages
Impose penalties for violations
Retain all fees paid
4. Fees and Payment
4.1 Service Fees
Users shall pay all applicable fees as specified in their selected plan
All fees are non-refundable unless explicitly stated otherwise
Cosmo reserves the right to modify fees with 30 days notice
4.2 Payment Terms
Fees are due in advance of service provision
Users must maintain valid payment methods
Failed payments may result in service suspension
5. Disclaimers and Limitations
5.1 Service Disclaimer
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. COSMO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
5.2 Liability Limitation
COSMO'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY USER IN THE THREE MONTHS PRECEDING THE CLAIM.
5.3 Third-Party Services
Cosmo is not responsible for:
WhatsApp service availability or functionality
Third-party integration performance
User's compliance with third-party terms
Content transmitted through the Platform
5.4 Indemnification
You agree to indemnify and hold Cosmo harmless from any claims, damages, or expenses arising from:
Your use of the Platform
Violation of these Terms
Violation of third-party rights
Any content transmitted through your account
6. Service Level Agreement
6.1 Platform Availability
Cosmo guarantees 99% platform uptime, excluding scheduled maintenance
Scheduled maintenance will be performed during off-peak hours with advance notice
Cosmo is not liable for service disruptions caused by WhatsApp or Meta platforms
6.2 Support Response
Campaign and Commerce Basic support inquiries will be addressed within 48 business hours
Commerce Pro support inquiries will receive priority response within 24 hours
Support is provided via email and in-platform messaging
7. Confidentiality & Data Protection
7.1 Data Processing
Cosmo processes user data solely for providing and improving the Platform
Users retain ownership of their customer data and content
Cosmo may analyze anonymized chat data to improve services
7.2 Data Security
Cosmo implements industry-standard security measures to protect user data
Users are responsible for maintaining the security of their login credentials
Users must comply with applicable data protection laws when collecting customer data
8. Intellectual Property Rights
8.1 Ownership
Cosmo retains all rights to the Platform and related technology
Users retain ownership of their content and customer data
Users grant Cosmo a license to use anonymized data for service improvement
8.2 Restrictions
Users may not reverse engineer or modify the Platform
Users may not create derivative works based on the Platform
Users may not remove or alter any proprietary notices
9. Term and Termination
9.1 Term
This Agreement remains effective until terminated by either party
Cosmo may terminate or suspend service immediately for policy violations
Users may terminate their account at any time by discontinuing use
9.2 Effect of Termination
Upon termination, users must cease all Platform use
Users may export their data within 30 days of termination
No refunds will be issued for prepaid services
10. Warranties and Disclaimers
10.1 Platform Warranty
The Platform is provided "AS IS" and "AS AVAILABLE"
Cosmo makes no warranties regarding uninterrupted or error-free service
Cosmo does not guarantee specific results from Platform use
10.2 User Warranty
Users represent and warrant that they:
Have the legal right to enter into this Agreement
Will comply with all applicable laws and WhatsApp policies
Will not use the Platform for any unlawful purposes
10.3 Disclaimer
COSMO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COSMO IS NOT RESPONSIBLE FOR THIRD-PARTY SERVICES OR PLATFORMS INTEGRATED WITH THE SERVICE.