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---
layout: default
meta-title: Kosmos Mobile
meta-description: Terms of Service
---
<header class="marquee" style="padding-bottom: 0px; height: 300px;"></header>
<br>
<div class="container document">
<h2 >Terms of Service</h2>
<h3 style="color:#333;">TABLE OF CONTENTS:</h3>
<hr>
<div class="col-sm-6">
<ol>
<li>Your agreement with KOSMOS</li>
<li>Acceptance of the Terms</li>
<li>Changes to the Terms</li>
<li>Licence</li>
<li>Use of the software and products and KOSMOS websites</li>
<li>Your obligations</li>
<li>Proprietary rights</li>
<li>Charges</li>
<li>Payment</li>
<li>Refund Policy</li>
<li>Ending Your relationship with KOSMOS</li>
<li>Exclusion of warranties, limitation of liability and indemnity</li>
<li>Third party websites products and services</li>
<li>Additional Terms</li>
<li>Your confidential information and your privacy</li>
<li>For Government users only</li>
<li>How to contact KOSMOS</li>
<li>Miscellaneous</li>
<li>Product specific terms</li>
<li>Fair Usage Policy</li>
<li>Acceptable Usage Policy</li>
<li>Broadcast Terms of Service</li>
<li>Canada Privacy Policy</li>
<li>US Privacy Policy</li>
<li>Security Policy</li>
<li>Trademark Policy</li>
</ol>
</div>
<p>PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE PRODUCT(S) OR KOSMOS WEBSITES</p>
</div>
<div class="container key">
<h4>Key Points</h4>
<p>It is important that you read the entirety of and understand this document. There are, however, a few key points that we need to emphasise:</p>
<p>NO ACCESS TO EMERGENCY SERVICES: The Software is not a replacement for your ordinary mobile or fixed line telephone. In particular, apart from in the very limited circumstances set out in paragraph 5.6 of these Terms (applicable to KOSMOS Mobile software only), the Software does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.</p>
<p>CHECK RESTRICTIONS ON USE: In some countries there are restrictions on the use of the Software. It is your responsibility to ensure that you are legally allowed to use the Software where you are located.</p>
<p>KOSMOS VIRTUAL CURRENCY BECOMES INACTIVE AFTER 180 DAYS: If you earn KOSMOS Virtual Currency please be aware that it becomes inactive after 180 days of not using Kosmos. Please see also paragraph 9.2.</p>
</div>
<div class="container key">
<h4>1. YOUR AGREEMENT WITH KOSMOS</h4>
<p>1.1 KOSMOS's Mobile software applications ("Internet Communications Software"), other 'KOSMOS' branded software applications (together "KOSMOS"), and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto ("Updates") and whether made available for free or for a fee, (collectively the "Software") is licensed (not sold) to you by KOSMOS.</p>
<p>1.2 The features and products that are made available through the Software for free (excluding products or features available for free on a trial basis only) ("Free Products") are provided to you by KOSMOS.</p>
<p>1.3 Any additional products or features of KOSMOS Mobile Software, or other "KOSMOS" branded products, that you pay for (including products or features which are available for free on a trial basis only) ("Paid For Products") are provided to you by KOSMOS.</p>
<p>1.4 KOSMOS's websites www.kosmosmobile.com or www.kosmosmobile.net or www.kosmosmobile.ca (as applicable) (the "KOSMOS Website(s)") are operated by KOSMOS MOBILE INC.</p>
<p>1.5 "KOSMOS'' means KOSMOS MOBILE INC. of #114B – 8988 Fraserton Court, Burnaby, BC, Canada; and, as the context requires; "Products" means collectively the Free Products and Paid For Products; "you" or "your" means you, the registered holder of the User Account and licensee under these Terms.</p>
<p>1.6 Your agreement with KOSMOS is made up of the terms and conditions set out in this document, together with any Additional Terms referred to in paragraph 14 (collectively the "Terms"). To the extent of any inconsistency between the Additional Terms and this document, this document shall take precedence.</p>
</div>
<div class="container key">
<h4>2. ACCEPTANCE OF THE TERMS</h4>
<p>2.1 In order to download and/or use the Software, Products and/or KOSMOS Websites you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree the Terms; or (b) when you download and/or use the Software, Products and/or KOSMOS Websites. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or KOSMOS in accordance with paragraph 11.</p>
<p>2.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, Products and/or KOSMOS Websites in the country in which you are located or resident or (b) if you are not of legal age to form a binding agreement with KOSMOS.</p>
<p>2.3 In some countries the Products may be provided to you by KOSMOS's local partner. If so, that local partner may ask you to accept its own terms of service ("local terms"). If there is any inconsistency between those local terms and these Terms, then the local terms shall govern to the extent of that inconsistency.</p>
</div>
<div class="container key">
<h4>3. CHANGES TO THE TERMS</h4>
<p>3.1 KOSMOS may make changes to these Terms from time to time. KOSMOS will publish the changes in the KOSMOS application settings. Changes to the Additional Terms will be posted on the applicable KOSMOS Website[s]. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or KOSMOS Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with KOSMOS in accordance with paragraph 11 below.</p>
</div>
<div class="container key">
<h4>4. LICENCE</h4>
<p>4.1 Licence. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sub-licensable, non-assignable, free of charge license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software through your individual KOSMOS user account (as applicable) ("User Account"). For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the KOSMOS Software onto personal computers or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work. KOSMOS reserves all rights not expressly granted to you under these Terms.</p>
<p>4.2 Restrictions. You may not and you agree not to.</p>
<ol>
<li>
<p>sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;</p>
</li>
<li>
<p>undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);</p>
</li>
</ol>
<p>III. remove, obscure or alter any copyright notices or other proprietary notices included in the Software;</p>
<ul class="list">
<li>
<p>use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to Section 4.1 above;</p>
</li>
<li>
<p>other than for the purposes of download and installation, use the Software except through your User Account.</p>
</li>
</ul>
<p>4.3 Third Party Technology.<br>
If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices ("Third Party Technology"), you agree and acknowledge that: (a) you may be required to enter into a separate licence agreement with the relevant third party owner or licensor for the use of such Third Party Technology; (b) some Products and/or functionality may not be accessible through the Third Party Technology and (c) KOSMOS cannot guarantee that the Software shall always be available on or in connection with such Third Party Technology.</p>
</div>
<div class="container key">
<h4>5. USE OF THE SOFTWARE AND PRODUCTS AND KOSMOS WEBSITES</h4>
<p>5.1 Equipment: In order to use the Software and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams.</p>
<p>5.2 Updates to the Software: You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. KOSMOS has no obligation to make available any Updates. However, KOSMOS may in its sole discretion require you to download and install Updates and/or the KOSMOS Software may download and install Updates from KOSMOS automatically from time to time. These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions. You agree to receive such updates from KOSMOS in order to continue using the KOSMOS Software and you agree to accept such Updates subject to these Terms.</p>
<p>5.3 Suspension, technical improvement and maintenance: From time to time, KOSMOS may need to perform maintenance on or upgrade the Software, Products or KOSMOS Websites or the underlying infrastructure that enables you to use the Software, Products or KOSMOS Websites. This may require KOSMOS to temporarily suspend or limit your use of some or all of the Software, Products or KOSMOS Websites until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, KOSMOS will publish the time and date of such suspension or limitation on the KOSMOS Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or KOSMOS Website.</p>
<p>5.4 No Access to Emergency Services: Neither the Products nor the Software are intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points ('Emergency Services') . There are important differences between traditional telephone services and the Products. You acknowledge and agree that: (i) KOSMOS is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Products, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services, and (iii) the Software and the Products are not a replacement for your primary telephone service.</p>
<p>5.5 Content of Communications: KOSMOS is not the source of, does not have any control over, does not monitor and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Software. In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. KOSMOS reserves the right (but shall have no obligation) to decide whether any content that you use complies with these Terms. KOSMOS may in its sole discretion remove such content and/or terminate these Terms and your User Account if you use any content that is in breach of these Terms.</p>
<p>5.6 Notice and Take-Down: If KOSMOS receives any notification that any material that you post, upload, edit, host, share and/or publish on the KOSMOS Website or through the Software (excluding your private communications) ("User Submission") is inappropriate, infringes any rights of any third party, or if KOSMOS wishes to remove your User Submission for any reason whatsoever, KOSMOS reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by KOSMOS in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that KOSMOS is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately by following our notice and takedown procedure. KOSMOS reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.</p>
<p>5.7 Quality: KOSMOS cannot guarantee that the Software, Products or KOSMOS Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or KOSMOS Mobile or Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. KOSMOS takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.</p>
<p>5.8 Changes to Products: KOSMOS is constantly improving the Software and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the Software may vary from time to time. Technical requirements for use of Products and Software and feature descriptions are available on the KOSMOS Website. If you do not agree with any changes to Software and Products you may terminate your relationship with KOSMOS in accordance with paragraph 11. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the KOSMOS Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.</p>
<p>5.9 Unsolicited Ideas KOSMOS does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Unsolicited Feedback"). If you send any Unsolicited Feedback to KOSMOS through the KOSMOS Website or otherwise, you acknowledge and agree that KOSMOS shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.</p>
<p>5.10 Reports – Certain parts of the KOSMOS Websites or the Software may ask for written suggestions or problem reports such as using our contact form or problem report form ("Reports"). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of KOSMOS. KOSMOS shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to KOSMOS will not be treated as confidential and KOSMOS shall not be liable for any disclosure of the Reports.</p>
<p>5.11 Linking You may link to the KOSMOS Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by KOSMOS where none exists. You may not frame the Site on any other site. KOSMOS may revoke the permission to link to the KOSMOS Websites at any time at its sole discretion and will notify you in this respect.</p>
</div>
<div class="container key">
<h4>6. YOUR OBLIGATIONS</h4>
<p>6.1 Lawful Use: You must use the Software, Products and KOSMOS Websites in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or KOSMOS Websites. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or KOSMOS Websites where you are located.</p>
<p>6.2 Prohibited Use:</p>
<p>2.3 In some countries the Products may be provided to you by KOSMOS's local partner. If so, that local partner may ask you to accept its own terms of service ("local terms"). If there is any inconsistency between those local terms and these Terms, then the local terms shall govern to the extent of that inconsistency.</p>
<h5>You may not:</h5>
<ol>
<li>
<p>intercept or monitor, damage or modify any communication which is not intended for you;</p>
</li>
<li>
<p>use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Products, KOSMOS Websites, communication or protocols;</p>
</li>
</ol>
<p>III. send unsolicited communications (also referred to as 'SPAM' or 'SPIT') or any communication not permitted by applicable law or use the Software, Products or KOSMOS Websites for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;</p>
<ol>
<li>
<p>expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;</p>
</li>
<li>
<p>use the Software, Products or KOSMOS Websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;</p>
</li>
</ol>
<b>Or</b>
<ol>
<li>
<p>use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a licence or permission from the owner of such rights; or</p>
</li>
</ol>
<p>VII. collect or harvest any personally identifiable information, including account names, from the Software, Products or KOSMOS Websites;</p>
<p>VIII. impact or attempt to impact the availability of the Software, Products or KOSMOS Websites for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;</p>
<ol>
<li>
<p>use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Products or KOSMOS Websites. Notwithstanding the foregoing, you agree that KOSMOS grants to the operators of public search engines permission to use spiders to copy materials from the KOSMOS Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. KOSMOS reserves the right to revoke these exceptions at any time.</p>
</li>
</ol>
<p>6.3 User Submissions Please exercise respect when participating in any features of the KOSMOS Websites or Software such as Forums, Blogs, email functions, video hosting, sharing and/or publishing or any other function on the KOSMOS Websites or of the KOSMOS Software which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that: (i) by using the KOSMOS Websites and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and KOSMOS has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the KOSMOS Websites or through the Software; (iii) KOSMOS does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) KOSMOS is not responsible for any User Submissions that you may have access to through your use of the KOSMOS Websites or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. KOSMOS does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.</p>
<ol>
<li>
<p>In connection with your User Submissions, you represent and warrant that you</p>
</li>
<li>
<p>own or have the necessary licenses, rights, consents, and permissions to use and authorize KOSMOS to use all copyrights, trademarks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and</p>
</li>
</ol>
<p>III. you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source ("Third Party Content") without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.</p>
<ol>
<li>
<p>Notwithstanding any rights or obligations governed by the Additional Terms (as defined below) if, at any time you choose to upload or post User Submissions to the KOSMOS Websites or through the Software (excluding Reports and excluding the content of your communications) you automatically grant KOSMOS a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display, transmit and reproduce the User Submissions including, without limitation, all trademarks associated therewith, in connection with the KOSMOS Websites and KOSMOS's Software and Products including for the purpose of promoting or redistributing part or all of the KOSMOS Websites and/or the Software or Products, in any and all media now known or hereafter devised. You also hereby grant each user of the KOSMOS Website and/or KOSMOS's Software or Products a non-exclusive license to access your User Submission through the KOSMOS Website and/or Software or Products and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions solely as permitted through the functionality of the KOSMOS Websites and/or Software or Products and pursuant to these Terms of Use. In addition, you waive any so-called "moral rights" in and to the User Submissions, to the extent permitted by applicable law.</p>
</li>
<li>
<p>You may not submit or publish through the KOSMOS Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the KOSMOS Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the KOSMOS Website or Software or features that prevent or restrict the use of any content thereof.</p>
</li>
</ol>
<p>6.4 Your Information: From time to time, KOSMOS may request information from you for the purpose of supplying the Software or Products to you. You shall ensure that any such information is complete, up-to-date and accurate.</p>
<p>6.5 No Reselling. The Software and Products are for your individual use. You shall not resell or commercialise the Software and/or Products to any third party.</p>
<p>6.6 Export Restrictions: The Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations. In the US the Internet Communications Software is controlled under ECCN 5D992 of the Export Administration Regulations ("EAR") under Encryption Registration Number ("ERN") R100351 and thus may not be exported or re-exported from the US to or downloaded by any person in any countries controlled for anti-terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. Moreover, the Internet Communications Software may not be exported or re-exported from the US to or downloaded by any person or entity subject to US sanctions regardless of location. See www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part 736. KOSMOS is making the Software available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.</p>
</div>
<div class="container key">
<h4>7. PROPRIETARY RIGHTS</h4>
<p>7.1 The Software, Products and KOSMOS Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.</p>
<p>7.2 The content and compilation of content included on the KOSMOS Websites, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of KOSMOS Limited, its affiliates or licensors and are protected by United States and international copyright laws. Such copyright protected content cannot be reproduced without KOSMOS's express permission. KOSMOS reserves all rights not expressly granted in the KOSMOS Websites.</p>
<p>7.3 KOSMOS and/or its licensors retain exclusive ownership of the Software, Products and KOSMOS Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with KOSMOS's intellectual property rights in the Software, Products and/or KOSMOS Websites.</p>
<p>7.4 The "KOSMOS MOBILE", associated trademarks and logos are trademarks of KOSMOS Mobile Inc. KOSMOS Mobile Inc. has registered and filed applications to register its trademarks in many countries worldwide. KOSMOS's trademarks and trade dress may not be used in connection with any product or service that is not KOSMOS's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KOSMOS. All other trademarks not owned by KOSMOS or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of KOSMOS's intellectual property (in whole or part) or that is confusingly similar thereto. Please also see KOSMOS's Trademark Guidelines for further details on use of its marks.</p>
</div>
<div class="container key">
<h4>3. CHARGES</h4>
<p>8.1 Calling phones with KOSMOS:</p>
<ol>
<li>
<p>The charges payable for calling phones (outside of a subscription) consist of a per-minute rate as set out on www.kosmosmobile.com/rates.</p>
</li>
<li>
<p>KOSMOS may change the rates for calling phones at any time without notice to you by posting such change at www.kosmosmobile.com/rates. The new rate will apply to your next purchase after the new rates have been published. Please check the latest rates before you make your call. If you do not accept the new rates, do not make your call.</p>
</li>
</ol>
<p>III. The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. Fractional usage charges will billed in increments that are rounded up, for example a charge of $0.039 will be charged at $0.04. During the call, charges incurred will be deducted automatically from the KOSMOS Koins balance in your User Account.</p>
<p>8.2 Charges for other Paid-For Products: The charges for other Paid-For Products will be confirmed to you before you complete a purchase from KOSMOS. KOSMOS may change the charges payable for the purchase of such Products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product. The new charges will apply to your next purchase after the new charges have been published.</p>
<p>8.3 Promotional Offers: From time to time, KOSMOS may offer Paid-For Products for free for a trial period. KOSMOS reserves the right to charge you for such Products (at the normal rate) in the event that KOSMOS determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.</p>
<p>8.4 Tax: 15% Luxembourg VAT generally applies if you are located in the EU and if you don't have a VAT registration number. KOSMOS reserves the right to apply VAT at the appropriate rate as per VAT rules applicable at the time of purchase. 8% Swiss VAT applies if you are located in Switzerland. Other local taxes may apply in certain countries. If you are located in the EU and if you have a VAT registration number, you are liable to self-assess VAT in your country at the appropriate rate as per the reverse charge rules applicable in your country. When you purchase a voucher depending on the country, local VAT or other taxes may apply and may be deducted from the value of the voucher upon redemption. The territories in the EU set out below are outside the scope of EU VAT under Council Directive 2006/112/EC on the common system of VAT, as amended. The KOSMOS Website does not enable users in such territories to take advantage of this VAT exemption and we therefore do not provide the Products in such territories: Mount Athos, Canary Islands, French Overseas Departments, Aland Islands, Channel Islands, Heligoland Island, Busingen Territory, Ceuta, Melilla, Levigno, Campioned'Italia and Italian Waters of Lake Lugano.</p>
<p>8.5 Third Party Charges: Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.</p>
</div>
<div class="container key">
<h4>9. PAYMENT</h4>
<p>9.1 KOSMOS Koin Currency. You can pay for select Paid-For Products or services using KOSMOS Koin Currency. You can earn KOSMOS Kash Currency using the software for its intended purposes. The KOSMOS Kash Currency that you earn will be credited to your User Account at the time you earn it (or if you are using a KOSMOS Kash Currency voucher, at the time you redeem that voucher).</p>
<p>9.2 Inactive KOSMOS Koin or Kash Currency. If you do not use your KOSMOS Koin or Kash Currency for a period of 180 days, (including KOSMOS Koin Currency that has been allocated to you by a KOSMOS administrator) KOSMOS will place your KOSMOS Koin and Kash Currency on inactive status and will expire. You are not permitted to use any KOSMOS Kash Currency on or after the date of its expiry.</p>
<p>9.3 Other payment methods. KOSMOS does not guarantee that you will be able to use your KOSMOS Koin Currency balance to purchase all Products. Where KOSMOS Koin Currency cannot be used to pay for a Product, KOSMOS will make another payment method available to you. KOSMOS reserves the right to remove or amend the available payment methods at its sole discretion.</p>
<p>9.5 LIMITATION OF LIABILITY: NDEMNIFICATION; WARRANTIES Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:</p>
<ol>
<li>
<p>an act or omission of an underlying carrier, service provider, vendor or other third party;</p>
</li>
<li>
<p>equipment, network or facility failure;</p>
</li>
</ol>
<p>III. equipment, network or facility upgrade or modification;</p>
<ol>
<li>
<p>force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;</p>
</li>
<li>
<p>equipment, network or facility shortage;</p>
</li>
<li>
<p>equipment or facility relocation;</p>
</li>
</ol>
<p>VII. service, equipment, network or facility failure caused by the loss of power to you;</p>
<p>VIII. outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;</p>
<ol>
<li>
<p>any act or omission by you or any person using the Service or Device provided to you; or</p>
</li>
<li>
<p>any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded. Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.</p>
</li>
</ol>
<br>
<b>Disclaimer of Liability for Damages. IN NO EVENT WILL KOSMOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.</b>
</div>
<div class="container key">
<h4>10. REFUND POLICY</h4>
<p>10.1 Withdrawal Right and Refund Request:</p>
<ul class="list">
<li>
<p>10. Other Paid-For Products: Subject to paragraph 10.1(iii), KOSMOS will refund any payment made for any Paid-For Products other than KOSMOS Koin and Kash Currency, so long as (a) you have not used the Product; and/or (b) the Product has not expired and; (c) you purchased the Product online directly from KOSMOS and not a third party. Upon a valid request being received, KOSMOS will refund to you the amount you paid for the Product on a pro-rata basis.</p>
</li>
<li>
<p>11. Non-Refundable Purchases: No refunds shall be given for (a) reactivated KOSMOS Koin and Kash Currency (see paragraph 9.2); (b) Paid-For Products (including KOSMOS Koin and Kash Currency) that are paid for and allocated to your User Account by a KOSMOS Manager administrator; (c) Products purchased via a third party partner of KOSMOS. Please contact the partner directly, who may decide in its sole discretion whether or not to pay a refund; (d) Products (including KOSMOS Koin and Kash Currency) that are not directly acquired online from KOSMOS (e.g. vouchers or pre-paid cards) or that are paid for in cash using 3rd party payment methods (such as a cash payment wallet).</p>
</li>
</ul>
<p>III. Charged in Error. If you believe that KOSMOS has charged you in error, you must contact KOSMOS within 60 days of such charge. No refunds will be given for any charges, which are more than 60 days old.</p>
<p>10.2 KOSMOS reserves the right to refuse a refund request if it reasonably believes (a) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (b) if you are in breach of these Terms or (c) if KOSMOS reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.</p>
<p>10.3 Refund payments will be made in the same form as you initially made payment.</p>
<p>10.4 This refund policy does not affect your statutory rights.</p>
</div>
<div class="container key">
<h4>11. ENDING YOUR RELATIONSHIP WITH KOSMOS</h4>
<p>11.1 You may terminate your relationship with KOSMOS at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or KOSMOS Websites and cancelling any recurring payments.</p>
<p>11.2 KOSMOS may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or KOSMOS Websites at any time and without recourse to the courts:</p>
<ol>
<li>
<p>if you are in breach of these Terms;</p>
</li>
<li>
<p>if KOSMOS reasonably suspects that you are using the Software, the Products and/or KOSMOS Websites to break the law or infringe third party rights;</p>
</li>
<li>
<p>if KOSMOS reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies;</p>
</li>
<li>
<p>if KOSMOS reasonably suspects that you are using our Products, Software and/or KOSMOS Websites fraudulently or that your User Account is being used by a third party fraudulently;</p>
</li>
<li>
<p>in respect of a particular Product, on thirty (30) days' notice if KOSMOS decides to cease offering that Product;</p>
</li>
<li>
<p>immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of KOSMOS's partners;</p>
</li>
<li>
<p>on thirty (30) days' notice if KOSMOS decides to cease offering the Software to users in your jurisdiction generally.</p>
</li>
</ol>
<p>11.3 KOSMOS shall effect such termination by preventing your access to your User Account, the Software, Products and/or KOSMOS Websites (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.</p>
<p>11.4 Consequences of Termination: Upon termination of your relationship with KOSMOS: (a) all licenses and rights to use the Software, Products and/or KOSMOS Websites shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or KOSMOS Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.</p>
</div>
<div class="container key">
<h4>12. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY</h4>
<p>12.1 For the purposes of this paragraph 12, "KOSMOS" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.</p>
<p>12.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND KOSMOS WEBSITES ARE PROVIDED "AS IS" AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; KOSMOS DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR KOSMOS WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. KOSMOS FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR KOSMOS WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES KOSMOS WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.</p>
<p>12.3 Nothing in this these Terms shall exclude or restrict KOSMOS's liability for (a) death or personal injury, (b) loss resulting from KOSMOS's wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.</p>
<p>12.4 No Liability: YOU ACKNOWLEDGE AND AGREE THAT KOSMOS WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO KOSMOS, IN CONNECTION WITH OR ARISING FROM YOUR USE OF KOSMOS WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR KOSMOS WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR KOSMOS WEBSITES.</p>
<p>12.5 Limitation of Liability: Subject to paragraphs 12.3 and 12.4 above, KOSMOS shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to KOSMOS, for:</p>
<ol>
<li>
<p>any indirect, special, incidental or consequential damages; or</p>
</li>
<li>
<p>any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or</p>
</li>
</ol>
<p>III. any damage to or corruption of data (whether direct or indirect);</p>
<ol>
<li>
<p>any claim, damage or loss (whether direct or indirect ) arising from or relating to:</p>
</li>
<li>
<p>your inability to use the Software to contact Emergency Services;</p>
</li>
<li>
<p>your failure to make additional arrangements to access Emergency Services in accordance with paragraph 5.5 above;</p>
</li>
</ol>
<p>the service limitations set out in paragraph 5.6;</p>
<p>VII. your failure to provide accurate physical location information to an Emergency Services operative; or</p>
<ol>
<li>
<p>conduct of third party Emergency Services operatives and calling centres to which you may be connected.</p>
</li>
<li>
<p>any claim, damage or loss (whether direct or indirect) arising from or relating to:</p>
</li>
<li>
<p>any product or service provided by a third party under their own terms of service, including without limitation, KOSMOS WiFi;</p>
</li>
<li>
<p>any Third Party Technology;</p>
</li>
<li>
<p>any third party website.</p>
</li>
</ol>
<p>12.6 Subject to paragraphs 12.3 - 12.5 above, KOSMOS's total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF ONE THOUSAND US DOLLARS IN ALL CASES.</p>
<p>12.7 If any third party brings a claim against KOSMOS in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold KOSMOS harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.</p>
</div>
<div class="container key">
<h4>13. THIRD PARTY WEBSITES PRODUCTS AND SERVICES</h4>
<p>13.1 Third parties may offer products or services via the Software and/or KOSMOS Websites, including games, applications, images, ring tones, or avatars. Whilst KOSMOS takes no responsibility for such products or services, if you encounter any problems with payment for or download, use of installation of such products or services, KOSMOS will use commercially reasonable endeavours to assist or resolve the problems. The third party products or services may be subject to the third party provider's own terms and privacy policy that you may have to accept upon download or installation. You should review such terms before making any purchase or using any third party product or service and KOSMOS shall not be responsible for your failure to do so.</p>
<p>13.2 You acknowledge and agree that any third party product information and pricing that is shown on the KOSMOS Websites regarding third party products and services is given to KOSMOS by the applicable third party merchant ("Merchant"). The Merchant has the ability to change their pricing or terminate their product availability at anytime. KOSMOS is not involved in any transactions between you and any Merchant whose products and/or services are listed on the KOSMOS Websites. KOSMOS does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants' websites; (iii) the availability of the Merchant's websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants' websites, nor any listing or other content about such products and services displayed on the KOSMOS Websites; (v) links to the Merchants' websites that are featured on the KOSMOS Websites. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.</p>
<p>13.3 The Software and KOSMOS Websites may include hyperlinks to other third party websites. KOSMOS is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.</p>
</div>
<div class="container key">
<h4>14. ADDITIONAL TERMS</h4>
<p>14.1 The KOSMOS Acceptable Use Policy provides guidelines on how to use KOSMOS and how to treat the other members of KOSMOS's community properly and respectfully. Please read these guidelines carefully which form part of the Terms.</p>
<p>14.2 If you want to use the Internet Communications Software in connection with any Broadcast, you must comply with the Broadcast Terms of Service.</p>
</div>
<div class="container key">
<h4>15. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY</h4>
<p>KOSMOS is committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data and the content of your communication(s) in accordance with our Canadian and US Privacy Policy.</p>
</div>
<div class="container key">
<h4>16. FOR GOVERNMENT USERS ONLY</h4>
<p>The Software and Documentation are "commercial computer software" and "commercial computer software documentation," respectively; as such terms are used in United States Federal Acquisition Regulations paragraph 12.212. Any use, duplication or disclosure of the Software or the Documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this Agreement.</p>
</div>
<div class="container key">
<h4>17. HOW TO CONTACT KOSMOS</h4>
<p>17.1 To contact KOSMOS in relation to KOSMOS or "KOSMOS" branded Products, please submit a support request to support@kosmosmobile.com</p>
<p>17.2 If you contact KOSMOS by any means other than as set out in paragraphs 17.1, your request may not be acknowledged.</p>
</div>
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<h4>18. MISCELLANEOUS</h4>
<p>18.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with KOSMOS.</p>
<p>18.2 For your convenience, KOSMOS may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with KOSMOS.</p>
<p>18.3 These Terms constitute the entire agreement between you and KOSMOS with respect to your use of the Software, Products and/or KOSMOS Websites and replace any prior agreements between you and KOSMOS with respect to the Software, Products and/or KOSMOS Websites.</p>
<p>18.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.</p>
<p>18.5 The failure by KOSMOS to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of KOSMOS's right or remedy. If KOSMOS waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.</p>
<p>18.6 You may not assign these Terms or any rights or obligations contained in them. KOSMOS may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.</p>
<p>18.7 This paragraph 18, along with paragraphs, 4.2, 12 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.</p>
<p>18.8 You acknowledge and agree that if KOSMOS is unable to provide the Software, Products and/or KOSMOS Websites as a result of a force majeure event, KOSMOS will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of KOSMOS.</p>
<p>18.9 To the extent permitted by the law applicable in your jurisdiction, these Terms shall be governed by and interpreted in accordance with the laws of the Province of British Columbia, Canada (as well as the federal laws of Canada applicable in British Columbia) and shall be subject to the exclusive jurisdiction of the courts in British Columbia. This Section will not be construed to affect the rights of a party to enforce a judgment or award outside British Columbia, including the right to record and enforce a judgment or award in any other jurisdiction.</p>
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<h4>19. Product Specific Terms</h4>
<h4>20. N/A</h4>
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<h4>21. ACCEPTABLE USE POLICY</h4>
<p>KOSMOS MOBILE Consumer, Cloud, and Business Services (for the purposes of this document referred to as "KOSMOS MOBILE") is committed to being the best possible network citizen. This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of KOSMOS Mobile Inc. and its subsidiaries. ("KOSMOS MOBILE") governing the use by the Customer ("Customer") of KOSMOS MOBILE's Internet access and grid container services and products (collectively, "Services and Products"). The Purpose of KOSMOS MOBILE's Acceptable Use Policy, hereinafter referred to as the AUP, is to comply with all federal, provincial, and local laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by KOSMOS MOBILE. To assist us in protecting the usefulness and enjoyment of the Internet for our members and for other users, we require that you comply with the terms of this document, which outlines our policies on acceptable use of our services. KOSMOS MOBILE reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at Acceptable Use Policy. The AUP is not an all-inclusive or exhaustive list and KOSMOS MOBILE reserves the right to modify the AUPs at any time as needed. You are responsible for informing yourself of the changes to this document by consulting this web page frequently. Any violation of the AUPs may result in the suspension or termination of your account or such other action as KOSMOS MOBILE deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.</p>
<p>When using your KOSMOS MOBILE Cloud Computing, Internet access service or any chat rooms, message boards, news groups, software libraries, personal web pages or any other message or communication services that may be available to you on or through KOSMOS MOBILE Cloud and Internet systems ("Services and Products"), you are prohibited from engaging in certain activities which include, but are not limited to, those described below. Such prohibited activities may, at the sole discretion of KOSMOS MOBILE, be grounds for termination of any Services and Products (including your KOSMOS MOBILE Cloud Computing and Internet access services), for the application of additional service charges, or for the involvement of law enforcement agencies.</p>
<p>21.1 Criminal Offences</p>
<p>While using the Services and Products, you are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity constitutes a criminal offence or from otherwise engaging in or assisting others to engage in any criminal offence including, but not limited to, those offences listed below:</p>
<ol>
<li>
<p>Communicating hatred</p>
</li>
<li>
<p>Pyramid selling</p>
</li>
</ol>
<p>III. Unauthorized use of a computer</p>
<ol>
<li>
<p>Mischief in relation to data</p>
</li>
<li>
<p>Fraud</p>
</li>
<li>
<p>Obscenity</p>
</li>
</ol>
<p>VII. Child pornography</p>
<p>21.2 Civil Offences and Violations of the Rights of Others</p>
<p>While using the Services and Products, you are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity gives rise to civil liability or from otherwise violating the rights or assisting others to violate the rights of KOSMOS MOBILE or any third party, including, but not limited to, the violations below:</p>
<ol>
<li>
<p>Copyright infringement</p>
</li>
<li>
<p>Trademark infringement</p>
</li>
</ol>
<p>III. Defamation</p>
<p>21.3 Other</p>
<p>While using the Services and Products, you are prohibited from engaging in or assisting others to engage in any activity that (1) violates established or accepted network etiquette, (2) violates applicable charters, FAQS, policies, rules or guidelines of KOSMOS MOBILE or other parties, (3) disrupts or threatens the integrity, operation or security of any Services and Products or any computer or Internet system, (4) elicits complaints from other Internet users, (5) is contrary to any law or regulation, or (6) in the sole judgment of KOSMOS MOBILE, is otherwise objectionable, (6) involves use of KOSMOS MOBILE's trade-marks, trade names or logos, including without limitation any such trade-marks, logos or service marks displayed on any web site(s) operated by KOSMOS MOBILE, without KOSMOS MOBILE's express prior written permission; (7) involves sharing, reselling, reproducing, copying, distributing, redistributing, or exploiting for any commercial purposes, any portion of, use of or access to, the KOSMOS MOBILE Internet Services, except where expressly authorized by KOSMOS MOBILE. Examples of such prohibited activity include, but are not limited to:</p>
<ol>
<li>
<p>Posting, uploading, reproducing, distributing or otherwise transmitting unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters, or other "spam"</p>
</li>
<li>
<p>Engaging in threats, harassment, intimidation, stalking or abuse of others</p>
</li>
</ol>
<p>III. Scanning another computer system</p>
<ol>
<li>
<p>Probing another computer system</p>
</li>
<li>
<p>Obstructing or bypassing computer identification procedures</p>
</li>
<li>
<p>Engaging in unauthorized computer or network trespass</p>
</li>
</ol>
<p>VII. Exporting equipment, software, or data outside of Canada or the U.S. in contravention of applicable export control legislation</p>
<p>Each Customer must use reasonable care in keeping software they run on KOSMOS MOBILE’s servers up-to-date and patched with the latest security updates. Failure to use reasonable care to protect your account may result in a security compromise by outside sources. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due to breached server security. The Customer is solely responsible for any breaches of security under Customer control affecting servers. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer’s server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as Emergency Security Breach Recovery and is currently charged at $300 CAD per hour.</p>
<p>21.4. System and Network Security</p>
<p>Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. KOSMOS MOBILE investigates all incidents involving such violations and will cooperate with law enforcement if criminal violation is suspected.</p>
<p>Examples of system or network security violations include, without limitation, the following:</p>
<ol>
<li>Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm).</li>
<li>Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.</li>
</ol>
<p>III. Executing any form of network activity that will intercept data not intended for the Customer’s server.</p>
<ol>
<li>Circumventing user authentication or security of any host, network or account.</li>
<li>Interfering with or denying service to any user other than the Customer’s host (example: denial of service attack or distributed denial of service attack).</li>
<li>Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.</li>
</ol>
<p>VII. Failing to comply with the Company’s procedure relating to the activities of Customers on the Company’s premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as Emergency Security Breach Recovery and is currently charged at $300 CAD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.</p>
<p>VIII.Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.</p>
<ol>
<li>Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through KOSMOS MOBILE’s servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on KOSMOS MOBILE servers is prohibited. KOSMOS MOBILE accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate either this Policy or that of the other provider.</li>
<li>Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by KOSMOS MOBILE customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any KOSMOS MOBILE.-hosted domain, or referencing any KOSMOS MOBILE account, is prohibited.</li>
<li>Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.</li>
</ol>
<p>XII. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.</p>
<p>XIII. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).</p>
<p>XIV. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.</p>
<ol>
<li>Accessing or attempting to access your account or other KOSMOS MOBILE services after you (or Company) has cancelled Customer’s account.</li>
</ol>
<p>XVI. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any KOSMOS MOBILE customers or end-users by any means or device, including the use of ‘sudo’ or other privileged operating system commands.</p>
<p>XVII. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the KOSMOS MOBILE network or on another provider’s network.</p>
<p>XVIII. Using KOSMOS MOBILE Services to interfere with the use of the KOSMOS MOBILE network by other customers or authorized users.</p>
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<h4>BROADCAST TERMS OF SERVICE</h4>
<p>22.1. Broadcast TOS Applicability</p>
<p>Any use of the KOSMOS Mobile Software in a Program for Broadcast shall be subject to its Broadcast TOS. If you want to use the KOSMOS Mobile Software in a Program (as defined below) for Broadcast (as defined below), you must agree to KOSMOS Mobile’s Broadcast TOS. If you do not agree to the Broadcast TOS and supply the required Registration Information, you may not use the KOSMOS Mobile Software in a Program for Broadcast.</p>
<p>22.2. Registration</p>
<p>Before your first use of the KOSMOS Mobile Software in a Program for Broadcast, you must supply the information specified in KOSMOS Mobile’s standard Broadcast TOS registration form (the “Registration Form”) available by contacting support@kosmosmobile.com</p>
<p>22.3. Definitions</p>
<ol>
<li>“Broadcast” means to transmit simultaneously to the general public through any now known and unknown media and formats, including, without limitation, a data communications network, the Internet, electronic mail system, television, radio or satellite system, point to multipoint transmission over a wired, wireless or fiber network; and for purposes of these Broadcast TOS shall also include narrowcasting and multicasting.</li>
<li>“Program” means a live or pre-recorded audio or visual performance.</li>
</ol>
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<h4>23 PRIVACY POLICY – CANADA</h4>
<p>When you install the KOSMOS App and register on the Site, you will be asked to provide us with your phone number and to allow us access to your mobile device's address book (collectively, "Personal Information"). A copy of the phone numbers and names in your address book (but not emails, notes or any other personal information in your address book) will be stored on our servers and will only be used to:</p>
<ol>
<li>notify you when your contacts become active on KOSMOS,</li>
<li>indicate which of your contacts is already a KOSMOS user,</li>
<li>correctly display the name of each contact as it appears in your address book when a call is received.</li>
</ol>
<p>In addition, we may also create a function in the future that will use this data to synchronize your address book across your multiple devices.</p>
<p>The copy of your address book (names and phones) is stored on a live database. This database does not have a "historical backup". If you delete the address book from our servers (more about this below), it will be deleted instantly and permanently.</p>
<p>Your phone number, which will be verified via a text message that will be sent to you, will be used for identification purposes as your KOSMOS user ID.</p>
<p>KOSMOS also maintains a Call Detail Record (CDR - see http://en.wikipedia.org/wiki/Call_detail_record) for each call conducted on the system. These are industry standard records used by all phone companies. We maintain this information in order to better understand network behavior and trends (numbers of calls made by users, typical destinations, call lengths, network type, etc.), detect potential outages and technical issues (this helps us notice things like a drop in call volume in a certain geography, a shift in call length, a change in typical networks, etc.) and for public safety reasons. All log analysis is done in an anonymous, aggregate, non-personally identifiable manner. We may look into a specific Call Detail Record in response to a customer support request. We maintain CDRs for a period of no more than 12 months.</p>
<p>Audio calls by users are transmitted either directly from user to user or, if direct transmission is not possible (due to, for example, firewalls), KOSMOS servers are used to transmit the call. In the latter scenario, the information transmitted is stored briefly in volatile memory (RAM) solely to enable the transmission of the call to the other user. WE DO NOT RECORD ANY PART OF YOUR CALL.</p>
<p>23.1 KOSMOS Mobile Inc. ("KOSMOS Mobile") is strongly committed to respecting and protecting your privacy. Please carefully read the following Privacy Policy. In order to ensure your privacy, personal information KOSMOS Mobile collects from its customers, as well as visitors to its website located at www.kosmosmobile.com ("Site"), is used only in the manner and for the purposes described in this Privacy Policy. "Personal information" includes information about an identifiable individual, presented in any form, such as: age, name, ID number(s), income, ethnic origin, opinions, evaluations, social status, disciplinary actions, credit records, loan records, medical records, but does not include the name, title, business address and telephone number of an employee of an organization. KOSMOS Mobile's Privacy Policy is enacted pursuant to the Personal Information Protection and Electronic Documents Act (Canada), and applies to the collection of personal information from Canadian customers by KOSMOS Mobile. US and other non-Canadian customers are subject to the KOSMOS Mobile US Privacy Policy.</p>
<p>This Privacy Policy is organized along ten privacy principles, which are:</p>
<ol>
<li>Accountability</li>
<li>Identifying Purposes</li>
</ol>
<p>III. Consent</p>
<ol>
<li>Limiting Collection</li>
<li>Limiting Use, Disclosure and Retention</li>
<li>Accuracy</li>
</ol>
<p>VII. Safeguards</p>
<p>VIII. Openness</p>
<ol>
<li>Individual Access</li>
<li>Challenging Compliance</li>
</ol>
<p>PRINCIPLE #1 — ACCOUNTABILITY</p>
<p>KOSMOS Mobile is responsible for personal information under its control and will designate an individual or individuals who are accountable for the organization's compliance with the following principles.</p>
<ol>
<li>Accountability for KOSMOS Mobile's compliance with the principles rests with the senior management of KOSMOS Mobile and the person or persons designated by senior management as Privacy Officer, even though other individuals within the organization may be responsible for the day-to-day collection and processing of personal information. In addition, other individuals within the organization may be delegated to act on behalf of senior management or the Privacy Officer.</li>
<li>KOSMOS Mobile's Privacy Officer may be contacted at:</li>
</ol>
<p>Attention: KOSMOS Mobile Inc. c/o Privacy Officer</p>
<p>#114B-8988 Fraserton Court, Bby, BC, Canada</p>
<p>E-mail: support@kosmosmobile.com</p>
<p>III. KOSMOS Mobile is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing. KOSMOS Mobile will use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.</p>