Cosmicuss Terms of Use

Effective date: October 20, 2024

These Terms of Use (the “Terms”) constitute an agreement between you and Cosmicuss (especially owner of Cosmicuss, IE Vladimir Perekladov) (referred to here as “Cosmicuss”, “we”, “us”, “our”), and govern your use of Cosmicuss Services.

Definitions

“Cosmicuss” is a mobile application (app). Cosmicuss is designed to provide users with astrological, horoscopic, and celestial insights, guidance, and related content, delivered through the mobile app.

“User” is an individual who accesses and uses the Cosmicuss mobile application (app) and has created an account on the Cosmicuss app in order to use content, such as horoscopes, answers, etc.

1. Introduction

1.1. By using the Cosmicuss mobile application (app) (“Cosmicuss” or “App” or “Services”) and creating accounts, you confirm that you are at least 12 years old. If you are between the age of 12 and the age of majority in your jurisdiction, you must have the consent of a parent or legal guardian to use the Services and agree to the following terms, which will bind you at all times and in whatever manner you use Cosmicuss.

If you do not agree, or you do not have the authority to accept these Terms, you must not use Cosmicuss!

1.2. Your access and use of the Service constitutes your agreement to be bound by these Terms, which establish a legally binding contractual relationship between you and the Company. For this reason, please read these terms carefully before using the service.

1.3. Cosmicuss is a mobile application designed for astrology enthusiasts, offering a comprehensive suite of tools and services that allows users to read daily horoscopes, receive personalized forecasts, ask questions to the AI astrologer, and study and analyze their natal charts. The Platform owner is not responsible for any content (questions) asked by Users, and the replies generated by the AI astrologer. User data, including personal information and questions asked, is not stored on our servers and remains solely on the User's device. All the content, including daily horoscopes, personalized forecasts, and AI astrologer answers, does not necessarily reflect the opinions or views of the app owners.

1.4. Nothing shall be considered as rendering any kind of professional service through the App. The information provided is for entertainment purposes only and does not substitute for professional advice in any field, including legal, medical, or financial.

1.5. Where we provide any services to you under these Terms, we will always do so with reasonable skill and care.

1.6. You should note the following rules which apply to these terms and conditions: the headings do not affect the interpretation of any provisions; where we use the singular of a word, this also includes the plural (or vice versa); and if we use terms such as “including”, “include”, “in particular”, “for example” or any similar expression, we do this for illustrative purposes only and this does not limit the scope or meaning of the overall provision (i.e. where we use such words, we are providing examples only and the examples are not exhaustive).

2. Application of Terms

2.1. These Terms, together with any other documents which we tell you are part of them (collectively referred to as the “Terms”), set out the terms on which Cosmicuss Services are provided to Users.

2.2. Our Privacy Policy should also be read alongside these Terms. Under data protection legislation, we are required to provide you with certain information, including who we are, how we process your personal data, the purposes for which we process it, and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy, which you can find here.

2.3. The terms of the Privacy Policy and any other supplemental terms, policies, or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

2.4. Any translation from the English version is provided for your convenience only. In the event of any difference in meaning or interpretation between the English language version of these Terms and any translation, the English language version will prevail.

2.5. Unless otherwise expressly provided herein, we will alert you about any changes by updating the „Last updated“ date of these Terms. It is your responsibility to review these Terms periodically to ensure you are aware of any changes. If you do not agree with the revised Terms, you must stop using the App.

3. Eligibility

3.1. By accepting these Terms or by accessing and using the Cosmicuss Services, you confirm your acceptance and agreement to these Terms. You represent and warrant that you have the right, authority, and capacity to accept and agree to these Terms.

3.2. You represent and warrant that you are, subject to this section, of sufficient legal age in your jurisdiction of residence to use or access Cosmicuss Services and to enter into this agreement. If you do not agree with any of the provisions of these Terms, you should cease accessing or using the Services. You may use the Services only if you have the legal capacity to form a binding contract with Cosmicuss, and only if you are in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

3.3. Only individuals aged 12 and older are permitted to create accounts on Cosmicuss (as described below). If you are a User (as described below), you represent and warrant that you are over the age of 12 (or the equivalent minimum age in the jurisdiction where you reside). If you are between the age of 12 (or the equivalent minimum age in your jurisdiction) and the age of majority in your jurisdiction (the age at which you are considered a legal adult), you must have the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

3.4. Any use of or access to the Cosmicuss Services by individuals under the age of 12 (or the equivalent minimum age in your jurisdiction) and without the supervision of a parent or legal guardian is strictly prohibited and constitutes a violation of these Terms. Cosmicuss is not available to any users previously prohibited from using the Cosmicuss Services by Cosmicuss.

4. Changes

4.1. We may make changes to these Terms and/or our other operating rules, policies, and/or procedures from time to time, at our sole and absolute discretion. We will notify you of any changes to the Terms by posting the updated Terms on the Service and/or in the other Cosmicuss services (if any), and we will revise the “Last Updated” date above. Any changes to our operating rules, policies, and/or procedures shall be incorporated herein.

4.2. It is your responsibility to review the Terms frequently and to remain informed of any changes to them. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances, including but not limited to sending you an email to inform you of the changes and/or prominently posting a notice of changes on the Cosmicuss App and/or Services. If you do not agree with the changes and/or modifications, you must stop using Cosmicuss after the effective date of the changes. The latest version of the Terms will supersede all earlier versions. You agree that your continued use of the Services after such changes have been published will constitute your acceptance of the revised Terms and any operating rules, policies, and/or procedures (as applicable).

5. Creating an Account

5.1. To become a User of the Cosmicuss App, you need to create an account (“Account”) by following the on-screen instructions in the App. As part of this process, you will need to create a username that follows the rules below, provide your date of birth, time of birth, place of birth, and gender. We do not collect any personal data; the information you provide shall not be considered personal data. All your data is stored exclusively on your device, ensuring its security and confidentiality. Please see our Privacy Policy for details on how we use this information.

5.2. We reserve the right to deny or remove any account that includes racist, sexist, homophobic language, or that is derogatory towards any specific group of people. This includes any accounts that we suspect may breach these Terms, in which case you will need to make changes in order to continue using the Services.

5.3. You are responsible for all activity that occurs via your account, even if that activity is not performed by you or is without your knowledge or consent.

5.4. You must treat all account information as confidential and must not share it with anyone else. Only you may use your account, and you are responsible for keeping your information secure.

5.5. We reserve the right to disable any User identification code (including access to your account), whether chosen by you or allocated by us, at any time at our sole discretion and with immediate effect, including (but not limited to) situations where, in our reasonable opinion, you have failed to comply with any of these Terms. We will notify you through the Services if this occurs.

5.6. After creating and verifying your account through Cosmicuss, you will gain access to the App's content. You will be able, including (but not limited to) to read daily horoscopes, receive personalized forecasts, ask questions to the AI astrologer, and study and analyze your natal charts. All information provided by you must be accurate and complete. We reserve the right to delete any submitted information at any time, at our sole discretion and with immediate effect, including (but not limited to) your answers to the AI astrologer if, in our reasonable opinion, you have failed to comply with any of these Terms.

6. Accessing the Cosmicuss

6.1. Visitors are not permitted to access or use the Cosmicuss Services unless they are at least 12 years old or of sufficient legal age in their jurisdiction or residence to use or access Cosmicuss Services. If you are between the age of 12 and the age of majority in your jurisdiction, you must have the consent of a parent or legal guardian to use the Services. By using our Cosmicuss Services, you confirm that you are at least 12 years old or of sufficient legal age in your jurisdiction or residence and that you have obtained the necessary consent if applicable.

6.2. Access to our App is permitted on a temporary basis. We may suspend, withdraw, discontinue, restrict the availability of all or any part of our Services for business, security, and operational reasons, or change all or any part of the App without notice. In no event shall the App be liable to you due to any unavailability for any reason.

6.3. You are responsible for making all arrangements necessary for you to have access to the Services.

6.4. You are also responsible for ensuring that all persons who access the Services through your internet connection and/or devices are aware of these Terms and that they comply with them.

7. Apple App Store

7.1. If you download the App from the Apple App Store, you agree to comply with Apple's Terms of Service and any other applicable terms and conditions imposed by Apple.

7.2. All purchases made within the App will be processed through the App Store. You agree to provide accurate billing information and payment details as required by Apple.

7.3. Updates to the App may be subject to the policies of the App Store. We will make reasonable efforts to ensure that the App remains compatible with Apple devices.

8. Content

8.1. The following are types of content you will encounter through your use of Cosmicuss:

8.2. App Content and User Content are collectively referred to as the “Content.” You are permitted to use the Content as part of your use of the App in accordance with these Terms.

8.3. Cosmicuss is the owner and/or legal licensee of all intellectual property rights in the Cosmicuss Content and the App. You have no intellectual property rights in or to the Cosmicuss Content and the App other than the right to use them in accordance with these Terms. We may update our App and the Cosmicuss Content from time to time. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App.

8.4. The Cosmicuss name, logo, and all other Cosmicuss product or service marks are the property of Cosmicuss and are considered Cosmicuss Content. All intellectual property rights, trademarks, logos, images, product names, and company names displayed or referred to on the App and website are the property of their respective owners. Nothing in these Terms grants you any license or right to use, alter, remove, or copy such material. Misuse of the trademarks displayed on the Cosmicuss Services is strictly prohibited. Cosmicuss will enforce its trademark rights to the fullest extent of the law, including seeking criminal prosecution.

9. User Content

9.1. You acknowledge and agree that we do not guarantee any confidentiality with respect to any User Content you upload. However, we do not store or collect your User Content on our servers, and it remains solely on your device. You shall be solely responsible for your own User Content and the consequences of posting or publishing it.

9.2. When posting any User Content, you must comply with the content standards set out in Section 10 (Content Standards).

9.3. You must act in good faith when uploading any User Content. We rely on you to comply with the Content Standards in both spirit and letter. Content Standards apply to each part of any User Content as well as to its entirety.

9.4. By submitting User Content, you grant us and our affiliates, agents, service providers, partners, and other connected third parties a royalty-free, worldwide, non-exclusive license to use your username, statements, endorsements, and any other aspects of your personality solely for the purpose of identifying you as the source of your User Content in connection with the Cosmicuss Services.

9.5. We do not moderate or actively monitor User Content; however, we reserve the right to remove any material that we deem to be in violation of these Terms or the Content Standards. We may also suspend or terminate your account if we determine that you and/or your User Content has breached these Terms, including the Content Standards.

9.6. You acknowledge and agree that our use of your User Content, as specified in this section, will not result in any injury to you or to any person you authorize to act on your behalf. You also waive any claims related to the use of your User Content as specified herein.

10. Content Standards

10.1. Truthfulness and Accuracy: All User Content must be truthful, accurate, and not misleading. Users are responsible for ensuring that any information provided, including but not limited to questions and personal details, is correct and up-to-date.

10.2. Respectful Communication: User Content must not contain any offensive, abusive, or harassing language. You are prohibited from posting or submitting any content that is defamatory, obscene, discriminatory, or promotes hatred or violence against any individual or group.

10.3. Prohibited Topics: Users must refrain from submitting content that discusses, promotes, or seeks information about sensitive or harmful topics, including but not limited to:

10.4. Use of Artificial Intelligence:Users acknowledge that Cosmicuss utilizes artificial intelligence to generate responses based on User Content. While we strive to provide accurate and helpful insights, users should not rely on AI-generated content for any professional, legal, medical, or personal decisions. Always exercise caution and critical thinking when interpreting AI-generated responses.

10.5. Compliance with Laws:Users must ensure that their User Content complies with all applicable local, state, national, and international laws and regulations. This includes respecting copyright, intellectual property rights, and any other legal rights of third parties.

10.6. Moderation and Enforcement:We reserve the right to monitor User Content and may remove any content that violates these Content Standards or the Terms of Use. Users who fail to comply with these standards may have their accounts suspended or terminated.

10.7. Responsibility for User Content:You acknowledge that you are solely responsible for the User Content you upload, including any consequences arising from its publication. We do not endorse or assume any responsibility for User Content created by Users.

11. Use of the Cosmicuss App

11.1. In exchange for your agreement to comply with these Terms, we grant you a license to access and display content from the Cosmicuss App (“App”) on your device and to temporarily store the App content in electronic form in the normal course of use on your browser or device. This license is not exclusive to you (we retain the right to grant licenses to others as well), and we may revoke it at any time. The license is personal to you, and you cannot transfer it to anyone else.

11.2. You may use the Cosmicuss App only for lawful purposes. You must not use the App:

11.3. Any failure to comply with the provisions of this section may be considered a criminal offense under applicable law. Cosmicuss reserves the right to report any and all such breaches to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity to them.

11.4. You also agree that you will not:

12. Right to Terminate

12.1. You may stop using the App at any time.

12.2. If you are a User, you may close your account and terminate the use of the App at any time by following the on-screen instructions or by contacting us.

12.3. The App is available free of charge, including daily horoscopes and basic features. However, certain features, such as asking questions, may require payment. We reserve the right to stop providing access to the App (or parts of it) or to add or create new limits to the App (or parts of it) at any time.

12.4. If we suspend or terminate your account as a User: you must stop all activities authorized by these Terms, and we shall be entitled to remotely remove access to the App from your devices and cease providing you with access to the App.

12.5. Upon termination of your account, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Our Liability to You

13.1. Cosmicuss does not endorse or guarantee the accuracy, completeness, or reliability of any User Content, and Users are solely responsible for their own content. The App owner assumes no liability for any User Content, including any errors or omissions in User Content or for any loss or damage of any kind, or resulting health issues, physical or mental harm, accident, or injury that you may suffer as a result of the use of any User Content. You are advised to exercise good judgment and caution when acting on the information available through the App.

13.2. Although we use our reasonable efforts to update the Cosmicuss Content and the App as much as we can to make it more relevant and interesting to Users, we do not actively monitor the User Content and are under no obligation to update any Content. Therefore, we make no representations, warranties, or guarantees (whether express or implied), that the Content or the App are complete and up-to-date, or to the suitability of the App or the Content for you.

13.3. We do not guarantee that our App, or any content on it, will always be available or be uninterrupted.

13.4. To the fullest extent permitted by law we make no warranties as to our App or Content. You agree that our App and the Content are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App or the Content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected.

13.5. You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any Users or Visitors, including you.

13.6. Cosmicuss is not responsible for the accuracy or reliability of any content generated by artificial intelligence, including but not limited to horoscopes and responses to inquiries. Users are advised to exercise caution and judgment when interpreting or acting upon such AI-generated content.

13.7. To the extent you are aware of suspicious, fraudulent behavior, please immediately report it to us by writing us an email. You should report anyone that violates these terms, including (a) underage Users, (b) harassment, threats, and offensive behavior, and (c) inappropriate or harmful behavior of any kind, (d) fraudulent profiles, or (e) activities not conducted in accordance with these terms or applicable law.

13.8. To the fullest extent permitted by law, we do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise who are engaged with the App or its content.

14. Your Liability to Us

14.1. You agree to indemnify and hold harmless Cosmicuss and its affiliates, including their officers, directors, employees, and agents, from any claims, losses, damages, liabilities, and expenses (including reasonable attorney fees) arising from your use of the App, your User Content, or your violation of these Terms.

14.2. You are solely responsible for any User Content you create or upload through the App. This includes ensuring that your User Content complies with our Content Standards. You agree not to submit any User Content that is unlawful, harmful, or violates the rights of others. Cosmicuss reserves the right to remove any User Content that it deems in violation of these Terms or the Content Standards.

14.3. In the event that Cosmicuss receives any claims or complaints related to your User Content, you agree to cooperate and assist in resolving such claims.

14.4. You are responsible for any unauthorized use of your account, including any access or use that occurs under your account without your knowledge or consent.

14.5. You agree to use the App only for lawful purposes and in accordance with these Terms. Any unauthorized use may result in the immediate termination of your access to the App.

14.6. If you breach these Terms, you will be responsible for any losses or damages incurred by Cosmicuss as a result of such breach.

15. Your Responsibility

15.1. It is your responsibility to use a device that is compatible with the App.

15.2. You are solely responsible for any fees or charges, including internet access and data charges, incurred by you in connection with your use of the App. We are not responsible for the suitability, functionality, and performance of either your device or your internet or cellular connectivity. You agree you are solely responsible for the maintenance and security of your device, its passwords, and any usage or activities that occur in connection with the App and your account.

15.3. You must comply with all applicable laws and regulations when using the App and receiving any Content, including ensuring that your use does not infringe on the rights of others or violate any laws.

15.4. You should protect your account and personal information by keeping your password secure and notifying us immediately of any unauthorized access or suspicious activities related to your account.

15.5. We recommend that you back up any content and data (including any User Content) used in connection with the App to protect yourself in case of problems with the App.

15.6. You acknowledge that you are responsible for ensuring that any content you receive or generate through the App complies with the Content Standards outlined in these Terms.

15.7. You agree not to use the App for any illegal or harmful purposes, including but not limited to fraud, harassment, or any activity that could damage or disrupt the App's services.

16. Third Party Links

16.1. Our App may contain links to third-party websites or resources for your information only. We do not control the content of these websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

16.2. The App may provide content generated by artificial intelligence (AI). We do not endorse or verify the accuracy of this content, and the views expressed do not necessarily reflect our views or values.

17. Use of Artificial Intelligence

17.1. Our App utilizes artificial intelligence (AI), specifically OpenAI's technology, to generate content, including but not limited to horoscopes and responses to user inquiries. While we strive to provide accurate and relevant information, the content generated by AI may not always be complete, accurate, or free from errors.

17.2. Users are solely responsible for their interpretation and use of AI-generated content. We strongly encourage users to exercise discretion and judgment when relying on any content produced by the AI. The information provided is for informational purposes only and should not be considered professional advice.

17.3. Users are responsible for ensuring that their use of AI-generated content complies with all applicable local, national, and international laws and regulations, including but not limited to privacy laws and data protection regulations.

17.4. To the fullest extent permitted by law, we disclaim all liability for any loss, damage, or harm resulting from the use of AI-generated content. This includes any reliance on the accuracy, completeness, or suitability of such content for any purpose.

17.5. For inquiries or concerns regarding the AI technology utilized in our App, users are encouraged to contact OpenAI or relevant authorities. We do not provide support for issues or questions related to the underlying AI technology.

17.6. We are committed to using AI in an ethical manner and do not support the use of AI-generated content for any illegal, harmful, or fraudulent purposes. Users must refrain from using AI-generated content in a manner that could mislead or deceive others.

17.7. We may update the AI capabilities of our App from time to time. Changes to functionality and generated text may result from updates on OpenAI's side, which we cannot control. Continued use of the App signifies your acceptance of any changes made to the AI functionalities.

18. Copyright Notice

18.1. Materials created and owned by us within the App, including but not limited to texts, graphic elements, interfaces, and the overall design of the App, are protected by copyright. We reserve all rights to these materials. AI-generated content is not our property and is not covered by this provision.

18.2. If you have any concerns or objections (“Objection”) regarding any content within the App, you must notify us immediately, specifying which particular copyright has been violated and providing sufficient evidence of the infringement.

18.3. We reserve the right to review your Objection and take appropriate action, including removing the content if necessary. By submitting an Objection, you agree that we may disclose your identity and contact details to the person responsible for the specific content if required to resolve the issue.

18.4. We are not responsible for user-generated content and do not guarantee that all information presented in the App is free from violations of third-party rights.

19. Miscellaneous

19.1. Assignment. We reserve the right to assign, transfer, or subcontract any or all of our rights and obligations under these Terms to another entity or person. We will notify you of any such assignment and ensure that your rights as set out in these Terms are not adversely affected.

19.2. Third Party Rights. These Terms are entered into between you and us and are not intended to confer any rights or benefits to third parties. Only the parties to these Terms have the rights to enforce them.

19.3. Severability. If any provision of these Terms is found to be unlawful or unenforceable by a court or relevant authority, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

19.4. Governing Law. These Terms shall be governed by and construed in accordance with the laws of Georgia, without regard to its conflict of law principles. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Georgia.

19.5. Entire Agreement. These Terms constitute the entire agreement between you and us regarding the use of the App and supersede any prior agreements, understandings, or representations, whether oral or written, regarding the subject matter herein.

19.6. Amendments. We reserve the right to amend these Terms at any time. Any changes will be effective immediately upon posting the revised Terms in the App. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.

20. International Use

20.1. The App is accessible worldwide; however, it is not intended to comply with all applicable local laws that may contradict these Terms. If you choose to access the App, you do so on your own initiative and are solely responsible for complying with applicable local laws in your country. You understand and accept that some or all features of the App may not function or be appropriate for use in your location. To the extent permissible by law, Cosmicuss accepts no responsibility or liability for any damage or loss caused by your access or use of the App in violation of the laws of your country. You will be bound by these Terms wherever you access or use the Cosmicuss Services.

21. Applicable Law and Jurisdiction

21.1. The laws of Georgia will apply to any disputes arising out of or relating to these Terms or the Cosmicuss Services. All claims arising out of or relating to these Terms, the Cosmicuss Services, or your relationship with Cosmicuss will be litigated exclusively in the courts of Georgia.

22. Language & Translations

22.1. These Terms may, at Cosmicuss's sole and absolute discretion, be translated into a language other than English. You agree that any such translation shall be for your convenience only, and the English text shall prevail in the event of any ambiguity, discrepancy, or omission between the English text and any translated text.

23. No Waiver

23.1. If we do not insist immediately that you take any actions required under these Terms, or if we delay in taking steps against you regarding your non-compliance with any of these Terms, this shall not be construed as a waiver of our rights. You are still required to comply with these Terms, and we retain the right to take action against you at any future date for any violations.

24. Contact us

24.1. If you have any questions or concerns regarding these Terms, you may contact us support@cosmicuss.com.