TERMS AND CONDITIONS OF USE

1. ACCEPTANCE OF TERMS

1.1. COSMICORION website available at https://cosmicorion.com/ (the App), COSMICORION website available at https://cosmicorion.com/tmp/ (the quiz) and content available via COSMICORION App, COSMICORION Quiz or our emails (”Content”) are distributed by VEBOTEK OÜ. (Sepapaja tn 6, 15551, Tallinn, Harju maakond Estonia).

The Service includes the COSMICORION App, the COSMICORION Quiz, and all the Content, tools, transactions, and other services provided through them.

1.2. By accessing and using the Service, you are agreeing to be bound by the Terms and Conditions of Use (referred to as the "Terms"), which create a legally binding contract between you and the Company. IT IS IMPORTANT THAT YOU CAREFULLY READ THE TERMS BEFORE USING THE SERVICE.

1.3. Kindly assess our Privacy Policy and Money-back Policy as well. The conditions outlined in the Privacy Policy, Money-back Policy, and any additional terms, policies, or documents that may be displayed on the Service periodically are explicitly included here. We retain the authority to amend or adjust these Terms at our discretion, without limitation to the timing or rationale for such changes.

1.4. These Terms and Conditions of Use apply to the online sale and delivery of COSMICORION Products through its website in part, which is not regulated by the Policy. Please review the Policy prior to making purchases of Products through COSMICORION. We also may provide information about our refund, exchange, taxes, and shipping at or near the point of purchase. If you have questions related to the Products, please contact our support team. Unless otherwise expressly provided herein, we will alert you about any changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change.

1.5. Unless stated otherwise, we will inform you of any changes by updating the "Last updated" date of these Terms. You acknowledge that you waive any right to receive individual notice of each change.

1.6. THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), DISCLAIMERS OF WARRANTIES (SECTION 8), LIMITATION OF LIABILITY (SECTION 9), AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 12, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 11.

1.7. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS OR USE THE SERVICE.

2. IMPORTANT DISCLAIMERS

2.1. WE CANNOT ENSURE THAT (I) THE SERVICE WILL MEET YOUR NEEDS, (II) THE SERVICE WILL RUN SMOOTHLY WITHOUT INTERRUPTIONS, DELAYS, OR SECURITY ISSUES, (III) THE OUTCOMES FROM USING THE SERVICE WILL BE PRECISE OR DEPENDABLE, OR (IV) THE STANDARD OF ANY PRODUCTS, SERVICES, DATA, OR OTHER MATERIALS ACQUIRED THROUGH THE SERVICE WILL MEET YOUR STANDARDS OR OFFER ANY ADVANTAGES.

2.2. NOT ALL INFORMATION DESCRIBED IN THE SERVICE IS SUITABLE FOR EVERYONE. THE SERVICE IS INTENDED ONLY AS A TOOL THAT MAY BE USEFUL IN ACHIEVING YOUR OVERALL LIFESTYLE GOALS. YOU ACKNOWLEDGE THAT IF YOUR ACTIVITIES ENCOURAGED OR INSPIRED BY THE SERVICE INVOLVE ANY RISKS, YOU ASSUME THOSE RISKS AND UNDERSTAND AND AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE, AND WELL-BEING, AS WELL AS THE HEALTH, LIVES, AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE.

2.3. THE INFORMATION PRESENTED THROUGH OUR SERVICE IS INTENDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. OUR SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING MEDICAL, PSYCHIATRIC, FINANCIAL, INVESTMENT, OR LEGAL ADVICE. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING PROFESSIONAL HELP WHEN NEEDED. YOUR DECISION TO RELY ON THE INFORMATION PROVIDED BY OUR SERVICE IS ENTIRELY YOUR OWN CHOICE. ANY DECISIONS MADE BASED ON THE INFORMATION FROM OUR SERVICE ARE YOUR SOLE RESPONSIBILITY.

3. ACCOUNT REGISTRATION

3.1. To use certain features of the Service, you may need to register an account (”Account”) and provide specific information about yourself as prompted by the registration form.

3.2. If you create an Account, you affirm and guarantee to the Company that: (i) all necessary registration details you provide are honest and precise; (ii) you will ensure the correctness of this information; and (iii) your utilization of the Service complies with all relevant laws, regulations, and these Terms. Failure to do so may result in the Service not working properly and us being unable to reach you with important notifications.

3.3. The Service is designed for users who are 16 years old and above. By using the Service, you confirm that you meet this requirement. Minors, typically under 18 years old, must have the consent and supervision of a parent or guardian to use the Service. If you are a minor, your parent or guardian must review and accept these Terms before you can use the Service.

3.4. The Company has the authority to suspend or terminate your Account, or your access to the Service, whether with or without notice to you, if you violate these Terms.

3.5. You are accountable for safeguarding the secrecy of your Account login details and assume full responsibility for all actions conducted under your Account. You commit to promptly inform the Company of any unauthorized use or suspected unauthorized use of your Account, or any security breach. The Company will not be held responsible for any losses or damages resulting from your failure to adhere to the aforementioned obligations.

4. SERVICE

4.1. You agree that all the information, visuals, symbols, logos, arrangements, data, and other materials shown on the Service or utilized by the Company to run the Service (such as the COSMICORION App, the COSMICORION Quiz, and the Content, but excluding any User Content as described below) are either owned by us or third parties.

4.2. The Company retains all rights, including intellectual property rights, in all of the mentioned content. Any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other forms of exploitation are strictly prohibited unless expressly permitted by these Terms. Providing the Service does not grant you or any third party any rights, title, or interest in such intellectual property rights.

4.3. When you register with us and provide information, as well as any content you submit or share on the Service ('User Content'), it remains your intellectual property. The Company does not assert any ownership over the copyright or other proprietary rights in the registration information and User Content. However, you consent to the Company keeping copies of the registration information and User Content and using them as needed for the Service's operation, as outlined in these Terms and the Privacy Policy.

4.4. By accepting these terms, you authorize the Company to publish, distribute, publicly display, and perform the User Content worldwide in connection with the Service on a non-exclusive, transferable, perpetual, and irrevocable basis.

4.5. Under these Terms, the Company provides you with a non-transferable, non-exclusive license (which cannot be sublicensed) to utilize the Service for your personal, non-commercial use.

4.6. By accepting and affirming, you acknowledge that your utilization of the Service, or any part of it, will adhere to the license, commitments, and limitations outlined above. You also agree not to infringe upon or violate the rights of any other party or contravene any agreements or legal obligations with other parties. Furthermore, you commit to abiding by all relevant laws, regulations, and ordinances pertaining to the Service or its usage, and take full accountability for any breaches of such laws on an individual level.

4.7. You are entirely responsible for acquiring the necessary equipment and telecommunication services to use the Service, as well as any related fees (such as computing devices, internet service provider, and airtime charges).

4.8. We reserve the authority to make alterations to the Service, including both free and paid features, at any given time, with or without prior notice. You understand that various actions taken by the Company may hinder or restrict your access to the Service intermittently or permanently, and you agree that the Company bears no responsibility or liability for such actions or outcomes. This includes, but is not limited to, any instances where content or services are deleted or not made accessible to you.

4.9. Using the Service is done at your own risk. The Company is not liable for any damage to your computer system, data loss, or harm to you or others resulting from accessing or using the Service, including any physical harm. This also includes any reliance on information or advice provided.

4.10. The Company is not required to offer customer support in any form. Nevertheless, the Company may choose to provide customer support occasionally at its own discretion.

4.11. By acknowledging and agreeing, you consent to our use of Meta Pixel for collecting data on your website interactions. This involves monitoring the pages you browse, the time spent on each page, and your activities within them. The aim of this data collection is to assess the effectiveness of our advertising campaigns and to personalize the content and ads you see, improving your browsing experience. You understand and accept that any information gathered through Meta Pixel is automatically transmitted to Meta once you provide consent for the use of tracking technologies that require it.

5. THIRD PARTY ADS, OTHER USERS

5.1. The Service includes links to external websites, resources, and advertisements from third parties ("Third Party Ads"). The Company does not control these Third Party Ads and is not responsible for them. These ads are provided for convenience only, and the Company does not endorse, review, or monitor them. The accuracy of information in Third Party Ads may not be guaranteed. By using such websites or resources, you accept full responsibility and assume any associated risks. Your interactions with Third Party Ads, including transactions for goods or services, are strictly between you and the third-party provider. Prior to engaging in any transaction, you should review the terms and policies of the service provider and conduct any necessary investigations.

5.2. Each individual using the Service is fully accountable for all of their User Content. As we do not have control over the User Content, you acknowledge and accept that we do not hold responsibility for any User Content and do not guarantee its accuracy, currency, appropriateness, or quality. We do not assume any liability for any User Content. Your interactions with other Service users are strictly your own responsibility. The Company will not be held liable for any losses or damages resulting from such interactions. In the event of a dispute between you and another Service user, we are not obligated to intervene.

5.3. By agreeing to this, you release us, our officers, employees, agents, and successors from any claims, demands, losses, damages, rights, claims, and actions of any nature, such as personal injuries, death, and property damage, that are in any way connected to or result from interactions with other users of our Service or any Third Party Ads.

6. FEES AND PAYMENT

6.1. Some aspects of the Service are available for a fee, and you have the option to buy them directly from us (referred to as "Purchase").

6.2. We have the authority to modify the Purchase fees as allowed by law. We will give you adequate notice of any pricing adjustments by updating the prices on the Service or by sending you an email notification.

6.3. By making a Purchase, you authorize us to charge the applicable fees to the payment card that you submit.

Note for EU residents: As an EU resident, you have the privilege to cancel the digital content purchase agreement at no cost and without providing any justification within fourteen (14) days from the agreement's inception date

7. USER REPRESENTATIONS AND RESTRICTIONS

7.1. When you utilize the Service, you are confirming and guaranteeing that:

7.1.1. You possess the legal ability and consent to adhere to these Terms.

7.1.2. You are over the age of 16.

7.1.3. Accessing the Service through automated or non-human means, such as bots, scripts, or similar methods, is prohibited.

7.1.4. The Service must not be used for any illegal or unauthorized activities.

7.1.5. Your utilization of the Service must comply with all relevant laws and regulations.

7.2. Should you provide any information that is false, incorrect, outdated, or incomplete, we retain the right to deny any current or future access to the Service (or any part of it).

7.3. You are not permitted to utilize the Service for any purpose other than its intended use. The Service should not be used for any commercial activities unless they have been explicitly endorsed or approved by us.

7.4. By using the Service, you agree not to:

7.4.1. Retrieve information or other materials from the Service in an organized manner to develop or assemble, either directly or indirectly, a collection, compilation, database, or directory without obtaining written authorization from us.

7.4.2. Engage in any improper or unauthorized utilization of the Service.

7.4.3. Create any adjustments, adaptations, enhancements, translations, or new versions based on the Service.

7.4.4. Utilize the Service for any profit-generating activities, business ventures, or other purposes not originally intended for.

7.4.5. Allow the Service to be accessed or used concurrently by multiple devices or users on a network or similar environment.

7.4.6. Employ the Service to develop a product, service, or software that competes with or acts as a substitute for the Service in any way.

7.4.7. Incorporate any confidential information, interfaces, or intellectual property of ours into the creation, production, licensing, or distribution of any applications, accessories, or devices intended for use with the Service.

7.4.8. Bypass, deactivate, or disrupt security measures of the Service.

7.4.9. Participate in framing or linking to the Service without proper authorization.

7.4.10. Interfere with, disrupt, or put excessive pressure on the Service or the networks or services associated with the Service.

7.4.11. Refrain from attempting to decipher, decompile, disassemble, or reverse engineer any of the software integrated within or forming a part of the Service.

7.4.12. Try to circumvent any safeguards or restrictions put in place by the Service to prevent access to the Service or any part of it.

7.4.13. Do not upload or share files that include viruses, worms, trojans, corrupt files, or any other harmful software that could harm the functionality of someone else's computer.

7.4.14. Do not utilize, operate, enhance, or share any automated tool, such as a spider, robot, cheat utility, scraper, or offline reader, to access the Service. Also, refrain from using or initiating any unauthorized script or other software.

7.4.15. Utilize the Service to conduct automated searches on any website or to send any unauthorized commercial emails.

7.4.16. Speak ill of, damage the reputation of, or otherwise cause harm, in our view, to us and/or the Service.

7.4.17. Utilize the Service in a way that goes against any relevant laws or regulations.

7.4.18. Otherwise violate these Terms.

8. DISCLAIMER OF WARRANTIES

THE COSMICORION APP, COSMICORION QUIZ, THE CONTENT, AND ALL OTHER ASPECTS OF THE SERVICE, AS WELL AS THE PRODUCTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEY ARE OFFERED WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY, AND FITNESS FOR A SPECIFIC PURPOSE. ANY WARRANTIES IMPLIED BY THE COURSE OF PERFORMANCE OR TRADE USAGE ARE EXPLICITLY DISCLAIMED. THE COMPANY, ALONG WITH ITS AFFILIATES, LICENSORS, AND SUPPLIERS, DO NOT GUARANTEE THAT: (I) THE SERVICE, CONTENT, OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE, OR CORRECT. (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY SPECIFIC TIME OR LOCATION. (III) ANY DEFECTS OR ERRORS WILL BE RECTIFIED. (IV) THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS. NO SPECIFIC RESULTS OR OUTCOMES ARE GUARANTEED.

9. LIMITATION OF LIABILITY

9.1. UNDER NO CIRCUMSTANCES SHALL WE (AND OUR AFFILIATES) BE HELD LIABLE FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THESE TERMS OR YOUR UTILIZATION OF, OR INABILITY TO UTILIZE, THE SERVICE (INCLUDING THE COSMICORION APP, COSMICORION QUIZ, OR CONTENT) AND PRODUCTS, OR THIRD-PARTY ADS. THIS APPLIES EVEN IF WE HAVE BEEN INFORMED OF THE POTENTIAL FOR SUCH DAMAGES. YOUR ACCESS TO AND USE OF THE SERVICE (INCLUDING THE COSMICORION APP, COSMICORION QUIZ, THE CONTENT, AND USER CONTENT), AS WELL AS THIRD-PARTY ADS, ARE ENTIRELY AT YOUR OWN DISCRETION AND RISK. YOU WILL BEAR FULL RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTING SYSTEM OR LOSS OF DATA THAT MAY OCCUR AS A RESULT.

9.2. REGARDLESS OF ANY CONFLICTING PROVISIONS STATED HEREIN, BY USING THE COSMICORION APP, COSMICORION QUIZ, CONTENT, SERVICE, OR PRODUCTS, YOU ACKNOWLEDGE THAT THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY CLAIMS ARISING IS CAPPED AT THE TOTAL AMOUNTS YOU HAVE PAID TO THE COMPANY FOR SERVICE ACCESS. THE RESTRICTIONS ON DAMAGES OUTLINED ABOVE ARE ESSENTIAL COMPONENTS OF THE AGREEMENT BETWEEN THE COMPANY AND YOU.

9.3. CERTAIN REGIONS MAY NOT PERMIT THE RESTRICTION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE THE AFOREMENTIONED LIMITATION OR EXCLUSION MIGHT NOT BE APPLICABLE TO YOU. ADDITIONALLY, YOU COULD HAVE VARYING LEGAL RIGHTS IN DIFFERENT JURISDICTIONS.

10. INDEMNITY

By accepting this agreement, you commit to protecting and absolving the Company, its affiliates, subsidiaries, related entities, suppliers, licensors, partners, as well as their officers, directors, employees, agents, and representatives, from any claims or demands made by third parties resulting from (i) your usage of the Service or Products, (ii) your User Content, or (iii) your breach of these Terms, including associated costs and legal fees.

The Company has the right to take over the exclusive defense and control of any issue that you must indemnify us for, at your cost. You are required to assist in our defense of these claims. It is agreed that you will not resolve any issue without the company's written consent beforehand. The company will make reasonable attempts to inform you of any such claim, action, or proceeding once it becomes aware of it.

11. INTERNATIONAL USE

The Company does not guarantee that the Service is accessible, suitable, or legally permitted for use in your location. Accessing and using the Service is not allowed in areas where it is deemed illegal. By accessing the Service, you are taking the initiative and are accountable for adhering to local regulations.

12. MISCELLANEOUS PROVISIONS

12.1. Any failure or delay on our part to exercise our rights in case of your noncompliance or default under these Terms will not weaken those rights or be seen as a waiver. Additionally, if the Company overlooks any obligations you have, it does not mean that we are waiving our rights for any future breaches or other terms in these agreements.

12.2. If any provision of these Terms is deemed invalid or unenforceable under SECTION 11, the Terms will continue to be in effect and will be adjusted to ensure validity and enforceability, in line with the parties' original intent to the fullest extent allowed by law.

12.3. Unless stated otherwise, these Terms constitute the complete agreement between you and the Company concerning the subject matter and override any previous commitments, contracts, or statements, whether written or spoken, relating to that subject matter.

12.4. The Company has the right to transfer or assign its rights and responsibilities under these Terms to another individual through various means, such as novation. By agreeing to these Terms, you agree to such assignments and transfers. You acknowledge that if a version of these Terms is posted on the Service showing another individual as a party to the Terms, it will serve as valid notice to you of the Company's transfer of rights and obligations under the Agreement unless explicitly stated otherwise.

12.5. Any information shared on the Service is considered an electronic communication. When you interact with us through the Service or other electronic means like email, you are communicating with us electronically. By using the Service, you consent to electronic communication with us. This includes notifications, disclosures, agreements, and other messages provided to you electronically, which hold the same weight as written communications signed by the sender. By clicking on buttons like "SUBMIT", "CONTINUE", "REGISTER", "I AGREE" or similar, you are giving a legally binding electronic signature and entering into a binding contract. Your electronic submissions indicate your acceptance and intention to be bound by these Terms. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS THROUGH THE SERVICE.

12.6. The Company will not be held liable for any inability to comply with these Terms if the failure is due to circumstances beyond the Company's reasonable control.

13. CONTACT

If you have any questions or need to send a notice regarding these terms, you can reach out to the Support center.

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Last updated: 05 Feb 2024.