Cosmic, Inc. doing business as COSMIC. (“the Company”, “we,” “us”, “our”), registered under the laws of Florida, provides access to the Cosmic website, currently located at https://www.cosmicdesign.io/ (the “Site”) which provides a subscription service wherein users of the Site will receive unlimited designs during the course of the subscription, and, it’s associated applications and websites (“Services”). These terms of use (“Terms”) your access and use (as a registered user or otherwise) of the Site. By accessing or using the Site you accept and agree to be bound by these Terms. These Terms supplement the Privacy Policy, the content of which is incorporated herein as if by specific reference. 

1. SCOPE 

A. These Terms apply to any person who accesses or uses the Site (referred to collectively as “Users”, “you”, or “your”).

B. Users may be subject to additional terms and conditions as imposed by the Company, and, the Site.

C. No charge is made for your use of the Site (unless otherwise stated or when purchases are made through the site), although you should be aware that charges for Internet use may apply at rates determined by your provider. The Company reserves the right to change the services, products, and programs mentioned in this Site at any time, at its sole discretion.

D. The Company reserves the right to seek all remedies available by law in equity for any violation of these Terms and any grants not expressly granted herein are reserved by the Company.

2. US-BASED WEBSITE

‍This site is controlled and operated by the Company from the United States, and, except as expressly set forth herein, is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than that of the State of Florida, United States. The Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules, and regulations. The Company may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction the Company chooses, at any time and in the Company’s sole and absolute discretion.

3. REGISTRATION

A. You may be required to register an account with the Company in order to access certain areas of the Site (“User Account”). With respect to any such registration, the Company may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that the Company rejects for any other reason in the Company’s sole discretion.

B. Your username and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to notify the Company immediately of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. The Company is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

C. By creating a User Account you specifically agree to be added as a subscriber to our newsletter, marketing, or other promotional materials. You may opt-out of receiving these communications by way of a return email to us or clicking an “Unsubscribe link”.

4. PURCHASES 

A. In order to access the Application, you will be required to create a User Account. 

B. The Company shall charge a fee and will receive and/or enable payment for design services arranged through the Application.

C. As at the date of these Terms, payment may be made, free of any setoff or deduction in the following methods: debit/credit card, however, third-party payment processing services may be amended from time to time without any further notice to you. The User further specifically warrants that User is specifically authorized to use the payment method in the User Account and specifically indemnifies the Company against any loss or harm that may be caused by unauthorized use of the payment method in the User Account.

D. Purchases are final and subject to our Refund Policy, and, the User grants the Company the express written consent to deduct payment for any of the Purchases made reference to in this Section 4.

E. We reserve the right to refuse or cancel your order in the event of fraud, illegal or unauthorized use of any payment method.

5. SUBSCRIPTION

A. You may choose to subscribe to a subscription plan through the Service (“Subscription”). The subscription plan to our Service consists of an initial charge followed by recurring periodic charges as agreed to by you. By entering into this Agreement, you acknowledge that your Subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation.

B. We will submit periodic charges (e.g., monthly, quarterly, semi-annually, annually) without further authorization from you until you opt-out of auto-renewal on your account page by using the “Cancel Subscription” button. 

C. The initial payment to the Company for the Services will be withdrawn at the time of checkout. Subsequent payments are automatically scheduled to withdraw on the same day of the month, as the day in which you signed up, which means by way of example, that if you signed up on the 15th your account will be billed on the 15th of every month thereafter, with a monthly plan, or every 4 months with a quarterly plan. The renewal payment schedule may change without prior notice, at the discretion of the Company. We are not able to manually assign charge run dates for individual subscribers.

D. Canceling or pausing the Subscription will not cancel the orders that have been paid for, it only stops future renewal charges. In the event that the Subscription is paused prior to the expiration date of the Subscription, then the User shall be entitled to use the Services for the remainder of the Subscription period.

E. The cancellation request via your account page will take effect only if submitted prior to the date in which your subscription is due to expire. 

F. Promotional codes/discounts are only valid on the initial order, not the recurring charges, unless otherwise noted.

G. Kindly note that any of the subscription plans can be suspended or canceled at any time However, you will not be eligible for a refund on any recurring payments made during the Subscription.

H. We reserve the right at our absolute discretion not to renew your Subscription at any time without giving any reasons for our decision. 

6. LICENSE

A. Subject to your compliance with these Terms, The Company grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (i) access and use the Site on your personal device solely in connection with your use of the Site; and (ii) access and use any content, information and related materials that may be made available through the Site. Any rights not expressly granted herein are reserved by The Company and The Company’s licensors.

B. Ownership: The Site, which includes all products and services sold through the Site, excluding commissioned designs, and all rights therein are and shall remain The Company's property or the property of The Company's licensors. Neither these Terms nor your use of the Site conveys or grant to you any rights: (i) in or related to the Site except for the limited license granted above; or (ii) to use or reference in any manner The Company's name “COSMIC INC”, “COSMIC”, logos, product and service names, trademarks or Site marks or those of The Company's licensors or any other associated intellectual property.

C. Assignment: It is understood and agreed that works commissioned by the Company are created for the sole and exclusive use of the User and User shall be deemed to be the sole and exclusive owner of all rights, title, and interests therein, including all copyrights and proprietary rights relating thereto.  All work performed by the Company and all works generated in connection therewith is and shall be considered, insofar as legally permissible, commissioned artwork and, as such, shall be owned by and for the benefit of the Owner. Ownership is not dependent upon an active subscription, however, this assignment Section, 11C,   is only applicable to Users with an active Subscription on the date in which the work was commissioned. The Company shall, however, retain the non-exclusive, non-sublicensable, royalty-free, worldwide license to publish and display any Content created for the purposes of marketing the Site and the Services, which right may be revoked at any time by email to: hello@cosmicdesign.io

D. By posting Content on or through the Services You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

E. To the extent that we license content from any third party (“Third Party Content”), you agree to comply with the relevant third-party license. Except with our written permission, you may not: (i) sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any part of your rights to use Third Party Content apart from a design deliverable prepared by us or as part of a design product for your own personal use; (ii) change, alter, adapt, translate, convert, modify, or make any derivative works of any Third Party Content; (iii) falsely represent that you are the original creator of any Third Party Content; (iv) use Third Party Content in a pornographic, defamatory, or other unlawful manner; (vi) use Third Party Content in any way that allows others to download, extract, or redistribute Third Party Content as a standalone file or work, (vii) use Third Party Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model.

7. RESTRICTED ACTIVITIES

A. Users shall not under any circumstances:

○ modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Application;

○ grant or sell access to a third party to access your User Account, or impersonate or act as another User;

○ contravene any laws in the use of the Site;

○ post information that may be deemed fraudulent, libelous, abusive, obscene, profane, sexually-oriented, harassing, or illegal;

○ discriminate against another User on the basis of race, religion, gender, age, mental or physical disability, sexual orientation, medical condition, nationality or similar basis;

○ mirror or frame the Site or any portion thereof;

○ cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, data mining, or unduly burdening or hindering the operation and/or functionality of any portion or aspect of the Site;

○ remove any copyright, trademark, or other proprietary notice from any portion or aspect of the Site;

○ reproduce, modify, distribute, license, sub-license, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Site except as expressly permitted by the Company;

○ use the Site in a way that infringes any third party’s intellectual property rights; and

○ use any robot, spider, site search/retrieval application, or other manual or automatic or process to retrieve, index, scrape, “data mine”  or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

8. LINKS TO THIRD-PARTY WEBSITES AND THIRD-PARTY SERVICES

A. You may be able to access websites, content, products, or services provided by third parties through links that are made available on the Site (“Third Party Services”). 

B. You acknowledge that different terms of use, terms of service, and privacy policies may apply to your use of such third-party service and content. The Company does not endorse such third-party service and content and in no event shall it be responsible or liable for any products or services of such providers. These third parties are not parties to these Terms and are not responsible for the provision or support of the Services in any manner, accordingly, and without any limitation to any other provision of these Terms, the Company shall be indemnified and held harmless against any loss or damage occasioned from the use of such services to the full extent of any applicable law.

9. PRIVACY

‍For information regarding our collection and use of information you provide to us, please refer to the Site's privacy policy (“Privacy Policy”), located here which shall supplement and be incorporated into these Terms by reference. By entering into these Terms, you agree to our collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

10. COPYRIGHT POLICY

A. The Company respects the intellectual property of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

B. Creative Commons License. Certain content on the site may be subject to the Creative Commons Licenses, and, by using the Services you agree to terms contained in the relevant version of the Creative Commons License. therefore we advise you to refer to the following website for more information https://creativecommons.org/. 

11. DIGITAL MILLENNIUM COPYRIGHT ACT

A. We comply and act as required in terms of the Digital Millennium Copyright Act (“DMCA”), to valid and compliant DMCA notices. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, the Company will also terminate an Account if the User is determined to be a repeat infringer. To report a copyright violation, our copyright agent can be reached at the following email address: hello@cosmicdesign.io 


12. NON SOLICITATION

A. You agree to use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with designers employed by the Company and not to circumvent the Payment Methods offered on the Site. For a period of 24 months after the expiration of your Subscription you shall not:

○ Offer or solicit or accept any offer or solicitation from designers identified through the Site to contract, hire, invoice, pay, or receive payment in any manner other than through the Site.

○ Refer a User you identified on the Site to a third party who is not a User of the Site for purposes of making or receiving payments other than through the Site.

B. You agree to notify the Company immediately if an employee or  representative of the Company suggests making or receiving payments other than through the Site in violation of this Section 12 or if you receive unsolicited contact outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to the Company.

C. You acknowledge and agree that a violation of this Section 12 is a material breach of these Terms, and may result in your User Account being permanently suspended and damages being claimed. This Section still applies if you choose to cease using the Site.

13. REFUND POLICY

A. The Company reserves the right to deny refunds to the full extent permitted by law without notice or liability to you. Refund requests are assessed on a case-by-case basis, and, are subject to your use of the Services in compliance with these Terms. Failure to comply with any of the Terms contemplated in this Agreement shall immediately terminate any right to a refund in these Terms.

B. All refund requests must be sent in writing to the following email address: hello@cosmicdesign.io and it may take up to 5 business days to process a refund request.

C. In the event that a refund is granted the Company reserves the right to use the most suitable method for the refund, which, includes an alternate method of payment than that which was used to make the payment. 

14. REFERRAL POLICY

A. Users who may be referred include Users with an active Subscription, have previously suspended their Subscription, purchased a Trial Offer (defined below) or new Users who have never owned a Subscription.

B. Users can refer anyone for a Subscription unless (i) the User has already purchased a Subscription from the Company, and (ii) the User has already been referred by another User. Referral Process: The User and referee who join with the referral link shall receive $500 of credit from the Company, to be used exclusively for purchases of the Services and Subscriptions (“Cosmic Credits”). The Cosmic Credits shall be credited to the User’s and referee’s accounts on the 10th day after the referee’s Subscription is activated. The credit will automatically be applied during the next billing cycle.

C. Referral payouts are handled by a third party, rewardful.com. 

D. Specific Prohibitions: (i) Referral bonuses cannot be used during the period in which a subscription is suspended and the referral bonus can only be used when the User Account is reactivated; (ii) Once a referral link has been activated it cannot be used again; (iii) Referral bonuses are used automatically during the next monthly charge after the 1st month of the Subscription has been activated; (iv) Referral bonuses cannot be exchanged for cash or refunded. Engaging in any conduct which is specifically prohibited in terms of this Referral Policy constitutes a material breach of the Terms.

15. TERMINATION

A. Your User Account may be restricted, or terminated, without any further notice, on the following bases:

○ Should the User Account be flagged for any illegal or suspicious activity, by the Company, its duly authorized representative responsible for data security or by any governmental organization; or

○ Where the Company, in its sole and absolute discretion, determines that there is a material breach of these Terms.

16. GOVERNING LAW AND ARBITRATION

BY AGREEING TO THE TERMS YOU EXPRESSLY AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS. THIS WILL EXPRESSLY PRECLUDE YOU FROM BRINGING ANY ACTION AGAINST THE COMPANY, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE

‍Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed pursuant to the laws of the State of Florida, USA. Any dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to your use or access to the Site or these Terms, including those relating to its validity, its construction, or its enforceability (any “Dispute”) shall be settled by the exclusive jurisdiction of the courts of the State of Florida, without resort to any conflict of law provisions. 

17. TRIAL OFFER

A. From time to time the Company may offer a trial offer to use the Services for free or at a reduced rate for a specified period of time (“Trial Offer”). 

B. By submitting your payment details, (i) you accept the Trial Offer, and (ii) consent to us using your payment details in accordance with our Privacy Policy, 

C. If during the period of the Trial Offer (“Trial Period”) you decide that you do not want to purchase a Subscription, you have to cancel your Subscription by clicking on the “Cancel Subscription” button in your My Subscription tab or opening a support ticket via live chat prior to the end of the Trial Period. Should you fail to cancel before the end of the Trial, you will be automatically charged a price indicated on the payment screen for a chosen Subscription.

D. Please note that if your purchase is subject to a Trial Offer, this will be explicitly stated on the screen before the checkout. If this is not the case, you will purchase a Subscription without a trial.

E. During the Trial Period, you will not be able to get the source files for your task. 

F. A limited number of Trial Offers may be available and you are not automatically entitled to receive a Trial Offer. Trial Offers are subject to expiration and must be redeemed before the date advertised. 

G. The Company reserves the right to modify or terminate a Trial Offer at any time and for any reason. After such time of termination, the Company shall not be obligated to redeem any further Trial Offers.

18. ERROR REPORTING AND FEEDBACK

A. You may contact us at hello@cosmicdesign.io with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints and other matters related to the Services.

B. For each transaction, each party shall be allowed to rate the other by leaving feedback (“Feedback”). Feedback may only be left after the work has been delivered. Feedback consists leaving a short comment about your experience. You agree that you will not use your feedback in any venue other than the website. The parties should always use caution and good judgment when leaving feedback. Under federal law (the Communications Decency Act), because The Company does not censor feedback, or any other public information by the parties or investigate it for accuracy, The Company is not legally responsible for the remarks that Users post, even if those remarks are defamatory.

C. Client acknowledges and agrees that any Feedback shall be the sole property of the Company and the Company is under no obligation to keep Feedback confidential or take steps necessary to ensure the confidentiality of the Feedback. Feedback shall be the sole and exclusive owner of all rights related to the Feedback, and shall at its sole and unrestricted discretion use and disseminate Feedback for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Feedback for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

19. THIRD-PARTY FONTS

‍In the event that work incorporates fonts that are not owned by the Company and requires a commercial license in order for the User to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), the Company will inform the User in writing that one or more Third-Party Fonts have been incorporated into any design purchased through the Subscription and the User will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the design. Said notice will include information sufficient for the User to identify which licenses are required and who to contact in order to purchase said licenses. This serves as sufficient notice of the incorporation of Third-Party Fonts as described above, User assumes all responsibility for any consequences as a result of a failure by User to purchase one or more licenses for any Third-Party Fonts incorporated into the design purchased through the Subscription.

20. DISCLAIMER

‍THE SITE IS ACCESSED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS TO THE FULL EXTENT PERMITTED BY THE LAW. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY GOODS REQUESTED OR PURCHASED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

21. LIMITATION OF LIABILITY

‍THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SITE OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SITE OR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL.THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

22. WARRANTY

‍The Company makes no express or implied warranties of merchantability or that the Site or Services are fit for the purpose for which they were designed or any other purpose whatsoever, and this warranty supersedes any prior representations and understandings regarding the Site or Services, including any warranty arising from the course of dealing, course of performance, or usage of trade. The Company further does not warrant that the Site will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond the Company’s control.

23. SEVERABILITY

‍If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

24. CONTACTS

‍Address: 1333 South Ocean Blvd Ste 214
Pompano Beach, Florida 33062
United States
Phone: 754-400-0662
Email: hello@cosmicdesign.io 

25. INDEMNITY

‍You agree to indemnify and hold The Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party.