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Terms and Conditions of Use for CosmicUp

Effective Date: 19 September 2025

1) Who we are


– CosmicUp.me (“CosmicUp,” “we,” “us,” or “our”) is provided by LumaUp sp. z o.o.
– Address: ul. Chmielna 2/31, 00-020 Warsaw, Poland
– VAT: PL5252988048
– Email: hello@cosmicup.me
– CosmicUp is a web and mobile platform enabling users to interact with multiple third‑party AI models and related tools (e.g., file uploads, web search, Deep Research, image generation).

2) Acceptance of Terms


– By accessing or using https://cosmicup.me, our Android/iOS apps, or any related services (the “Services”), you agree to these Terms and to our Privacy Policy.
– If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3) Eligibility


– You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services.

4) Accounts and security


– Registration: provide accurate, current, and complete information and keep it updated.
– Credentials: you are responsible for safeguarding your account and for all activities under it. Notify us promptly of unauthorized use.
– Prohibitions: do not share your account or enable unauthorized automated access.

5) Description of the Services and key features


– Access to multiple AI models through a single subscription, including models from official providers (e.g., OpenAI, Anthropic, Google, Meta, xAI, DeepSeek, Midjourney).
– Seamless multi‑model interactions with retained context within each model’s context window.
– Upload and analysis of files (PDF, DOC, CSV, XLSX, PPT, TXT, PNG, etc.), up to 10 files per message.
– Tools: folders, online search (CosmicUp Web), Deep Research (PDF reports), advanced prompts, and image generation (DALL·E, Midjourney).
– Plan details, available models, character thresholds and speed rules are shown on the Site and in the apps and may change over time.

6) User conduct


6.1 Prohibited activities


– Violating laws or third‑party rights.
– Unauthorized access, security testing, or interference with the Services.
– Uploading or transmitting malware or harmful code.
– Automation/bots/scraping without our prior written consent.
– Harassment, threats, hate, violence, or other harmful or illegal content.
– Intellectual property or privacy violations.
– Using the Services in high‑risk contexts or for professional advice (medical/legal/financial) without human oversight.

6.2 Fair use and technical limits


– “Unlimited” means no preset daily cap on questions, subject to fair use and non‑abusive behavior. We may throttle or temporarily limit service if usage is excessive or anomalous to protect stability.
– We may slow response speed after plan‑specific character thresholds are exceeded.
– Per‑message input length may be limited (e.g., around 200,000 characters) to prevent abuse.
– Account sharing and unauthorized automation are prohibited and may lead to limits or suspension.

7) User content and rights to AI inputs/outputs


– Ownership: you retain ownership of content you submit (“Input”) and, where legally protectable, outputs generated by the models (“Output”). Outputs may not be unique and similar outputs may be generated for others.
– License to CosmicUp: you grant us a non‑exclusive, worldwide, royalty‑free license to use, reproduce, display, perform, distribute, and create derivative works from your Input/Output solely to provide, maintain, protect, and improve the Services, as described in our Privacy Policy.
– Third‑party providers: your Input/Output may be transmitted to AI model providers and service vendors (e.g., hosting, safety). Their terms and privacy policies apply; you agree to comply with them.
– Responsibility: you are responsible for your Input/Output and their legality. Do not submit sensitive data unless necessary.

8) Content reporting and moderation


– You can report content (including AI‑generated content) for: Dangerous content; Violent content; Contains misinformation.
– Upon a report, we may review, restrict visibility, or remove content; suspend accounts; or notify model providers or authorities where required. Moderation may include automated analysis.
– A report does not guarantee a particular action. We may notify affected users where appropriate and permitted.

9) Subscriptions, payments, renewals


9.1 Web (Stripe)


– Billing via Stripe. By subscribing you authorize recurring charges for your selected plan (weekly, monthly, annually where available), plus applicable taxes.
– Auto‑renewal: subscriptions renew automatically until canceled.
– Cancellation: you can cancel any time in account settings or by contacting us. Cancellation takes effect at the end of the current paid period.
– Refunds: fees are non‑refundable except as required by law or at our discretion. Any refund is processed through Stripe.
– Free trials and promotions: if you do not cancel before the trial ends, the subscription renews and the next period is charged. The terms are shown at sign‑up.

9.2 Android (Google Play) and iOS (Apple App Store)


– In‑app purchases and subscriptions are managed by Google Play and Apple App Store respectively.
– Billing, renewals, cancellations, and refunds are governed by the applicable store’s terms. You must manage the subscription in the store; we cannot cancel or refund store purchases on your behalf.
– Store free trials convert to paid subscriptions per store rules if not canceled in time.

9.3 Changes to prices and plans


– We may change prices, plans, and features with reasonable notice, effective in the next billing period. Store changes follow the applicable store’s processes and notices.

10) EU/EEA consumer

withdrawal rights
– Web purchases: for digital content/services supplied immediately, we may request your express consent to immediate performance and your acknowledgment of losing the 14‑day withdrawal right. If you do not consent, service may be deferred or not provided.
– Store purchases: Apple/Google store withdrawal/refund policies apply.
– Your mandatory consumer rights remain unaffected.

11) Intellectual property in the Services


– The Site, apps, logos, trademarks, text, graphics, software, and other proprietary content are owned by or licensed to LumaUp sp. z o.o. and protected by law.
– Limited license: we grant you a personal, non‑exclusive, non‑transferable, revocable license to use the Services for personal, non‑commercial purposes, subject to these Terms.
– Restrictions: do not copy, modify, create derivative works from, sell, distribute, reverse engineer, or circumvent technical protections of the Services.

12) Technical specifications and model limitations
– Context window and capabilities depend on the selected model. We do not impose cuts beyond official provider windows, but may apply operational limits for stability and safety.
– Model lists, token/character limits, and performance may change based on provider availability and policies.

13) AI disclaimers
– No accuracy guarantee: Outputs may be inaccurate, incomplete, misleading, or inappropriate. Verify before use.
– No professional advice: Outputs do not replace legal, medical, financial, or other professional advice.
– Sensitive content risk: AI may produce unexpected content. Use reporting and filtering tools.
– Third‑party rules: Outputs may reflect provider limitations; providers may refuse or limit responses.

14) Files, web search, and Deep Research


– Do not upload illegal content, trade secrets, or third‑party personal data without a lawful basis. We may scan files for security.
– Web Search and Deep Research aggregate/summarize public information. We do not guarantee completeness or freshness and may cite or summarize third‑party content within legal limits.

15) Termination and suspension


– You may stop using the Services at any time and may delete your account as described below.
– We may suspend or terminate access if you violate these Terms or the law, create risk for us or others, or upon request of providers/moderators/authorities.

16) Account deletion and data deletion


– Start: you can request deletion from your account page. You will be signed out.
– 5‑day grace period: if you sign in within 5 days (120 hours), the deletion request is canceled and your account is restored.
– After 5 days: deletion becomes permanent and cannot be undone. You will no longer be able to access the Services.
– Email reuse: you will not be able to create a new account using the same email address.
– Data deletion timeline: your data will be deleted within 5 days of the request, subject to legal obligations. Certain logs or backups may be retained for limited periods for security, fraud prevention, or legal compliance.
– Store subscriptions: deleting your account does not cancel an app‑store subscription; manage it directly in the store.

17) Indemnification


– You agree to indemnify, defend, and hold harmless LumaUp sp. z o.o., its affiliates, officers, directors, employees, and agents from claims, damages, losses, liabilities, costs, and expenses arising from your use of the Services, your breach of these Terms, or your violation of laws or third‑party rights.

18) Disclaimers of warranties


– The Services are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied (including merchantability, fitness for a particular purpose, and non‑infringement). We do not warrant uninterrupted, secure, or error‑free service or accuracy of Outputs.

19) Limitation of liability


– To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, punitive damages, or loss of profits, data, or goodwill.
– Liability cap: our total liability for claims relating to the Services is limited to the amount you paid us in the six (6) months preceding the event giving rise to the claim.

20) Third parties, app stores, and providers


– Apple and Google are not responsible for the Services. The iOS and Android apps are subject to Apple Media Services and Google Play terms; you must comply with them.
– AI model and other third‑party services are subject to their own terms and policies; we may apply restrictions or changes required by such third parties.

21) Export controls and sanctions


– You represent you are not subject to sanctions and will not use the Services in violation of export control or sanctions laws.

22) Changes to the Services and to these Terms


– We may modify or discontinue parts of the Services. We may update these Terms; for material changes we will provide reasonable notice (e.g., email or notice on the Site). Continued use after the effective date means you accept the changes.

23) Miscellaneous


– Governing law: Polish law, without regard to conflict of laws.
– Jurisdiction: exclusive jurisdiction and venue in the courts of Warsaw, Poland (without prejudice to mandatory consumer protections).
– Entire agreement: these Terms and our Privacy Policy are the entire agreement between you and LumaUp sp. z o.o.
– Severability: if any provision is invalid, the remainder remains in effect.
– No waiver: failure to enforce a provision is not a waiver.
– Assignment: you may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or asset sale.
– Force majeure: we are not liable for delays or failures due to events beyond our reasonable control.

24) Contact


– Company: LumaUp sp. z o.o.
– VAT: 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.