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Terms and Conditions for CosmicUp.me

Effective Date: 24th October 2024

Welcome to CosmicUp.me (“CosmicUp,” “we,” “us,” or “our”). CosmicUp is a web application that allows users to chat with a variety of advanced AI models through a single subscription plan.
These Terms and Conditions (“Terms”) govern your access to and use of our website located at https://cosmicup.me (the “Site”) and any related services (collectively, the “Services”).
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Services.

  1. Acceptance of Terms

By creating an account, accessing, or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

  1. Eligibility

You must be at least 18 years old or have reached the age of majority in your jurisdiction to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.

  1. Description of Services

CosmicUp provides users with access to advanced AI models for communication and interaction purposes. Users can engage with these AI models through our platform under a unified subscription plan.

  1. Account Registration

To access certain features of our Services, you may be required to register for an account (“Account”). When you register:

  • You agree to provide accurate, current, and complete information and keep it updated.
  • You are responsible for maintaining the confidentiality of your Account credentials.
  • You are responsible for all activities that occur under your Account. Notify us immediately of any unauthorized use.

5. User Conduct

5.1 Prohibited Activities

 

 

You agree not to engage in any of the following prohibited activities:

  • Violation of Laws: Using the Services in a manner that violates any applicable laws or regulations.
  • Unauthorized Access: Attempting to gain unauthorized access to any part of the Services or other users’ accounts.
  • Interference: Interfering with the operation, security, or integrity of the Services.
  • Distribution of Malicious Software: Uploading or transmitting viruses, malware, or any other harmful code.
  • Automated Use: Accessing the Services through automated means (e.g., bots, scrapers) without our prior written consent.
  • Harassment: Engaging in harassment, threats, or abusive behavior towards others.
  • Intellectual Property Infringement: Uploading or sharing content that infringes upon the intellectual property rights of others.

5.2 User Content

By submitting content through the Services:

  • You retain all rights to your content but grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute it within the context of providing the Services.
  • You represent that you have all necessary rights to submit the content and that it does not violate any laws or third-party rights.

6. Subscription and Payment Terms

6.1 Payment

 

  • Billing: We use Stripe.com for secure payment processing. By subscribing, you authorize us to charge your provided payment method for the subscription fees and any applicable taxes.
  • Subscription Plans: Details of subscription plans, including pricing and features, are available on our Site.
  • Billing Cycle: Subscription fees are charged in advance on a recurring basis (monthly or annually, as per your selection).

6.2 Cancellation and Refunds

  • Cancellation: You may cancel your subscription at any time through your Account settings or by contacting us at hello@cosmicup.me.
  • Effective Date of Cancellation: Cancellation will take effect at the end of the current billing cycle.
  • Refunds: All fees are non-refundable except as required by law or at our sole discretion. 6.3 Changes to Fees

We reserve the right to change subscription fees upon reasonable notice. Changes will take effect in the next billing cycle after the notice period.

  1. Intellectual Property Rights

    7.1 Our Content
  • Ownership: All materials on the Services, including but not limited to text, graphics, logos, and software, are owned or licensed by LumaUp sp. z o.o. and are protected by intellectual property laws.
  • License: We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes.

7.2 Restrictions

You agree not to:

  • Modify or Copy: Modify, reproduce, or create derivative works from any part of the Services.
  • Reverse Engineer: Attempt to reverse engineer or extract source code from the software used in the Services.
  • Resell or Distribute: Resell, distribute, or make commercial use of the Services or any content therein without our express written consent.

8. Disclaimer of Warranties

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law:

  • No Warranty: We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
  • No Guarantee: We do not guarantee that the Services will be uninterrupted, secure, or error-free, or that any content is accurate, reliable, or complete.

9. Limitation of Liability

To the fullest extent permitted by law:

  • Exclusion of Damages: LumaUp sp. z o.o. shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
  • Cap on Liability: Our total liability for any claims arising out of or related to these Terms or the Services shall not exceed the amount you have paid us in the last six (6) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless LumaUp sp. z o.o., its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of or related to your:

  • Violation of Terms: Breach of these Terms.
  • User Content: Content you submit, post, or transmit.
  • Violation of Laws or Rights: Violation of any law or third-party rights.

11. Termination

11.1 By You

You may terminate these Terms by discontinuing use of the Services and deleting your Account.

11.2 By Us

We may suspend or terminate your access to the Services if:

  • You violate these Terms or any applicable laws.
  • Your use poses a security risk to us or others.
  • We detect fraudulent or illegal activities.

11.3 Effect of Termination

Upon termination:

  • Access Revoked: Your right to access and use the Services will immediately cease.
  • Outstanding Fees: You remain responsible for any unpaid fees up to the date of termination.
  • Data Deletion: We may delete your content and Account information, except as required by law.

12. Changes to Terms

 

We reserve the right to modify these Terms at any time:

  • Notification: We will notify you of significant changes by email or by posting a notice on our Site.
  • Acceptance of Changes: Continued use of the Services after changes become effective constitutes your acceptance of the new Terms.
  • Review: You are encouraged to review the Terms periodically.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.

  • Jurisdiction: Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Warsaw, Poland.

14. Miscellaneous

14.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and LumaUp sp. z o.o. regarding the use of the Services.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

14.3 Waiver

Failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets.

  1. Contact Information

If you have any questions or concerns about these Terms or the Services, please contact us at:

  • Company: LumaUp sp. z o.o.
  • VAT Number: PL5252988048
  • Address: ul. Chmielna 2/31, 00-020 Warsaw, Poland
  • Email: hello@cosmicup.me

Acknowledgment: By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.