Terms & Policies

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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: Legal@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: Legal@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: help@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 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

Phone: 754-400-0662
Email: Legal@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.

Cosmic Inc (“the Company”, “we,” “our”), a corporation registered under the laws of the State of Florida, USA, respects the privacy of visitors to the website, available at https://www.cosmicdesign.io/ (“the Site”), and clients of the Company (“user, “you”, or “your”) and is committed to protecting it through our compliance with this Privacy Policy.

This Privacy Policy sets out the basis on which any personal data we collect from you, or that you provide to us (“Personal Information” or “PII”), will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By using the Site, or explicitly agreeing to this Privacy Policy, when prompted on the Site, you are accepting and consenting to the practices described in this Privacy Policy. Your use of the Site is subject to the Terms of Service which incorporates this Privacy Policy.

EU Compliance

The Company qualifies as a Data Controller under Regulation (EU) 2016/679 of The European Parliament and of The Council of 27 April 2016 (General Data Protection Regulation (the “GDPR”)).  As such, we aim to comply with all legal obligations which the GDPR implies on Data Controllers.

Introduction

Purpose of Policy:
The Company is committed to respecting the privacy rights of its customers, visitors, and other users of the Site. We created this Privacy Policy to give you confidence as you visit and use the Site and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection and use practices and policies that differ materially from this Privacy Policy.

What is Personal Information? Personally Identifiable Information, or PII, shall mean any information relating to an identified or identifiable natural person (“data subject”) including personal data as defined under applicable local law. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, psychological genetic, mental, economic, cultural or social identity of that natural person.

Information Collection Practices

What Basic Information Do We Collect?
 

We or our Service Providers may collect PII and other information when you access and use Site, and, the related  sevices (“Services”). You are not required to provide PII when accessing the Site, however, it is required when accessing or using certain Services. Depending on the Service, the PII we collect may include:

(a) Name, initials, or white page information: including your name, initials, or email address when you create an Account or purchase a subscription;

(b) Payment card industry data such as your credit card number, billing address, etc. 

(c) Communications: if you choose to communicate with or receive communications from the Company via phone, text, chat, email, or any other information provided when contacting our technical support or customer service, may be recorded or monitored.

(d) User Activity: the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. This information is used to ensure the security of the platform and other users.

What Additional Information Does the Company Collect

(a) AUTOMATIC COLLECTION. Our servers automatically recognize visitors’ domain names and IP addresses (the number assigned to computers on the Internet). No Personal Information about you is revealed in this process. The Website may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.

(b) COOKIES. From time to time, we may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer about your visit to the Site. Cookies help us learn which areas of our site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience on the Site may be diminished and some features may not work as they were intended.

Use and Sharing of Information

How Do We Use Personally Identifiable Information?

We will use Personally Identifiable Information (“PII”) to provide the Services or to process transactions such as information requests or purchasing sessions or consultation services.

We will also process your PII to meet our legitimate interests; to maintain and improve the Services; to generate and analyze statistics about your use of the Services and to detect, prevent or respond to fraud, intellectual property infringements, violations of law, violations of the Terms, or other misuses of the Site or Services.

Except as described in this notice, we limit the use, collection, and disclosure of your PII to deliver the Service or information requested by you. We do not collect use or disclose PII that is not reasonably related to the purposes described within this notice without prior notification. Your information may be combined in an aggregate and de-identified manner in order to maintain or improve our services.

When Do We Share Personal Information?

Information Sharing, Disclosure, and Third Parties

In order to support our operations, we rely on several third-party service providers, to help us with various services such as payment processing, web audience analysis, cloud hosting, marketing, and communication, etc.

The following table indicates which third-party service providers are being used and for what purpose. 

Service Provider
Purpose
Personal Data Shared
Stripe
Processing Payments
Debit/Credit Card Information, Name, Physical Address

How We Share Your Personal Data?

Save for providing the Services, and in the manner described above the Company does not share any PII. 

Do not track

Please note that we do not alter our Website’s data collection and use practices when we see a Do Not Track signal from your browser.

Do We Use Personal Information to Market to You?

We will only use your personal information if permitted by law to do so or where you choose to be notified of services and products sold by the Company from time to time.

What Rights Do You Have Around Your Personal Information?

1. You have the right to withdraw your consent by contacting us at hello@cosmicdesign.io. Our use of PII is integral to some or all of the Services, and by opting out it may result in the cancelation of any pending transaction or ongoing service.

2. If you would like to review, change or delete personal data we have collected from you or you had submitted or permanently deleted same, please contact us.

3. You may be informed of (a) the source of the PII; (b) the purposes and methods of the processing (c) the logic applied to the processing if the processing is carried out with the help of electronic means; (d) of the identity of the data controller and data processors; and e) of the entities or categories of entities to whom the PII may be communicated and who may access to such PII in their capacity as data processor(s) or person(s) in charge of the processing.

How Do We Protect Personal Information?

The Company takes reasonable precautions and uses reasonable security measures to protect your information. When you submit personal information via the Site your information is protected both offline and online. 

For How Long Do We Retain Personal Information?

We will retain your data only for as long as is required to provide the Services, comply with our obligations in the Terms, resolve disputes, and, thereafter for no longer than is permitted by law.

Cookie Policy

What are cookies

Cookies are small text files that are placed on your computer, smartphone, or other devices when you visit the Site. A cookie file is stored on your device and allows us, or our third-party partners, to recognize you and make your visit easier and more useful to you when you revisit the Site.

How does The Company use cookies?


Cookies allow us to recognize users (where appropriate), tailor the content on the Site to fit the needs of our visitors, and helps us improve the user experience. Without certain types of cookies enabled, we cannot guarantee that the Site and your experience of it are as we intended it to be.

We use cookies to obtain information about your visits and about the device you use to access our website.

This includes where available, your IP address and pseudonymous identifiers, operating system and browser type, and, depending on the cookie, also includes the reporting of statistical data about our users’ browsing actions and patterns.

Below we provide a description of each of the cookies we may use on this page with an indication as to what the purpose of each cookie is. 

Types of cookies

The length of time a cookie stays on your device depends on its type.  The following are types of cookies used on our website:

Session cookies are temporary cookies that only exist during the time you use the Site (or more strictly, until you close the browser after using the Site). Session cookies help our Site remember what you chose on the previous page, avoiding the need to re-enter information and improve your experience whilst using the Site.

Persistent cookies stay on your device after you’ve visited our Site. For example, if you tick the 'Remember me” box after you log into the Site a persistent cookie will be used so that the Site remembers you the next time you use it. Persistent cookies help us identify you as a unique visitor.

○ Third-party cookies
, also referred to as tracking cookies, collect data based on your online behavior.  When you visit the Site, third-party cookies collect various types of data that are then passed on or sold to advertisers by the Site that created the cookie.  Tracking your interests, location, age, and search trends, these cookies collect information so that marketers can provide you with custom advertisements.  These are the ads that appear on the Site you visit and display content relevant to your interests.

Purpose of Cookies

Cookies on the Site may be used for the following purposes:

Strictly necessary: These cookies are essential in order to enable you to move around a website and use its features, such as accessing secure areas of the webite. Without these cookies, services you have asked for, such as obtaining a quote or logging into your account, cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.

Performance: These cookies collect information about how visitors use a site, for instance, which pages visitors go to most often, and if they get error messages from web pages. They also allow us to record and count the number of visitors to the site, all of which enable us to see how visitors use the site in order to improve the way that our site works. These cookies do not collect information that identifies a person, as all information these cookies collect is anonymous and is used to improve how our site works.

Functionality: These cookies allow the website to remember choices you make (such as your user name, language, or the region you are in) and provide enhanced features. For instance, the website may be able to remember your log-in details, so that you do not have to repeatedly sign in to your account when using a particular device to access our site. The information these cookies collect is usually anonymized. They do not gather any information about you that could be used for advertising or remember where you have been on the internet.

How to control and delete cookies through your browser

The browser you are using to view the Site can enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help,” “Tools” or “Edit” facility). Please note that if you set your browser to disable cookies, you may not be able to access certain parts of the Site. Other parts of the Site may also not work properly. You can find out more information about how to change your browser cookie settings at www.allaboutcookies.org.

Other State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of PII to third parties for such third parties direct marketing purposes; in order to submit such request, please contact us at hello@cosmicdesign.io.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt out of the sale of certain PII to third parties who intend to license or sell that PII. For clarification, we do not engage in such activities of “sale” of your PII to third parties defined under Nevada law.

Special Information for Users in the EU

We act as our own data processor as defined under the Regulation (EU) 2016/679 of The European Parliament and of The Council of 27 April 2016 (General Data Protection Regulation (the “GDPR”)).  As such, we aim to comply with all legal obligations which the GDPR implies on Data Processors.

Grounds for Data Processing

We only collect and use personal data where we have lawful grounds to do so. These include processing user personal data to provide the Services, for purposes of our legitimate interests or those of other parties, to fulfill our legal obligations, or based on consent.

We collect and use personal data only where we have one or more lawful grounds for doing so. Such grounds may vary depending on where our users are located, but generally include processing personal data:

To provide the Services

In order to provide the Services, we must collect and use certain personal data. This includes:

○ User profile data, which we use to establish and maintain our subscriber database; verify the user identity and communicate with Users

○ Usage data, which is necessary to maintain, optimize, and enhance the Services

○ Information relating to customer support

For purposes of our legitimate interests or of other parties

This includes using personal data to maintain and enhance our users’ safety and security. For example, we use personal data to prevent the use of the Services by users who have engaged in inappropriate behavior such as uploading inappropriate content which can negatively affect student users. 

This also includes purposes such as combating fraud or detecting cyberattacks or unlawful attempts to extract personal information from our website.

With consent

The Company may collect and use personal data based on your consent. For example, we may collect personal data such as your email address when you subscribe to our newsletter or opt-in to receive marketing communications from the Company.

A User who has provided consent to a collection or use of their personal data can revoke it at any time, however, by revoking such consent your access to the Services may be terminated. 

Other Provisions 

Changes to This Policy

The Company reserves the right to change this Privacy Policy at any time. Please check this page periodically for changes. Your use of the Services after any such amendment or change in the Privacy Policy shall be deemed as your express acceptance to such amended/changed Privacy Policy and an assent to be bound by such changed/amended Privacy Policy. Information collected prior to the time any change is posted will be processed according to the rules and laws that applied at the time the information was collected.

Governing Law

This Privacy Policy and the use of the Website are governed by the laws of the State of Florida, USA.  The parties undertake to first try to resolve the dispute concerning this Privacy Policy by negotiation, and, only where such negotiation fails may the matter be referred to a court of competent jurisdiction.

Miscellaneous

The Company is controlled, operated, and administered entirely within the State of Florida, USA.

If you are accessing the Site from another jurisdiction you consent to that transfer and to abide by the applicable laws concerning your use of the Website and your agreements with us.

This statement and the policies outlined in this Privacy Policy are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

Contact

If you believe the Company does not adhere to this Privacy Policy, in order to address a question, to resolve a complaint regarding the Site or Services, or to receive further information regarding the Services, please contact the Company at hello@cosmicdesign.io.

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.

COPYRIGHT

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/.

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.

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.