​

At KOSMILZE, Inc., we’re all about people being healthy. We appreciate that you have decided to use our software and applications services (the “Services”). We strive to be transparent about our agreement for your use of the Services.

 

KOSMILZE, Inc. designs certain products and software tools that help you achieve your healthy lifestyle goals. Our Terms of Service (“Terms”) apply to your access and use of KOSMILZE, Inc.’s Services. Our Services include our software, firmware, applications, websites, landing pages, APIs, products, and other related services.

 

If you live anywhere in the world, these Terms are an agreement between you and KOSMILZE, Inc. When the Terms mention “KOSMILZE” “we,” “us,” or “our,” such Terms refer to KOSMILZE, Inc., the party to your agreement that provides you with the services.

 

You must accept these Terms to create a KOSMILZE account and to access or use the Services. If you do not have an account, you accept these Terms by using any part of the KOSMILZE application. If you do not accept these Terms, then you do not create an account or use our Services.

 

1. PLEASE READ OUR PRIVACY POLICY

By accepting these Terms, you agree that you have read and understand KOSMILZE Privacy Policy.

  

For information about our privacy and data practices, please see our Privacy Policy. By accessing or using the Services, you agree to the collection and use of your information in accordance with our Privacy Policy.

 

2. USE OF THE SERVICES 

Persons under the age of 16, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Services, unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Services if you are barred from receiving similar services under the applicable law of your jurisdiction, or you have previously been suspended or removed from use of the Services.

 

You may only connect to the Services using (i) a device that is manufactured, distributed, or sold by parties authorized by KOSMILZE, Inc. to install our application; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (collectively “Authorized Connections”). Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Services.

 

3. SETTING UP AN ACCOUNT

Your use of the Services requires that you create an account by providing us with information such as your name, age, and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. KOSMILZE, Inc. is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact us if you discover or suspect any security breach related to the Services or your account.

 

4. REQUIRED EQUIPMENT

Your use of the Services is dependent upon your use of a device: computer, phone, tablet, or other digital device with adequate software or a supported mobile device and/or Internet access. The maintenance and security of your equipment may influence the performance of the Services. It is your responsibility to ensure your equipment’s functionality and security. You are responsible for all Internet or mobile access and/or data storage charges.

 

5. CONTENT PROVIDED TO US

KOSMILZE may enable you to post, upload, store, share, send, or display certain data, such as photos, images, video, data, text, comments, and other information and content (“Your Content”) to the Services. You retain all rights to Your Content that you post to the Services. By making Your Content available on or through the Services you hereby grant KOSMILZE, Inc. a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your user name and likeness, in any media. These rights you grant are only for the limited purpose of offering and improving the Services.

 

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.

 

You represent and warrant that Your Content, the use, and the provisions of Your Content on the Services, and your use of the Services will not (1) infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, intellectual property rights, or rights of publicity or privacy; (2) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to criminal or civil liability; (3) be fraudulent, false, misleading, or deceptive; (4) be defamatory, obscene, pornographic, vulgar, or offensive; (5) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (6) be violent or threatening or promote violence or actions that are threatening to any person or entity; and/or (7) promote illegal or harmful activities or substances.

 

You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or the Services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.

 

KOSMILZE, Inc. may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content, or portions of Your Content, to the Services.

 

6. KOSMILZE’S RETAINED RIGHTS

All “KOSMILZE Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Services.

 

The Services, and any KOSMILZE Content, and all the underlying technology related to both, are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. KOSMILZE, Inc. reserves all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.

 

Our logos and any other KOSMILZE trademarks that may appear on the Services, and the overall look and feel of the Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names, and company names or logos mentioned and/or used on the Services are the property of KOSMILZE, Inc. and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable copyright, trademark, or tradename holder.

 

7. USES FOR THE SERVICES

KOSMILZE grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Services, (2) access and view the Your Content, (3) access and use the software and mobile applications provided by and through the Services, and (4) use the software that is embedded into any devices as authorized in these Terms.

 

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following: (1) use, display, mirror, or frame the Services, or any individual element within the Services, including the layout and design of any page, without KOSMILZE, Inc.’s express written consent; (2) use the KOSMILZE name, any KOSMILZE, Inc. trademark, tradename, or logo, or any of KOSMILZE, Inc.’s proprietary information / intellectual property without KOSMILZE, Inc.’s express written consent; (3) access or tamper with non-public areas of the Services, KOSMILZE, Inc.’s computer systems, or the technical delivery systems for the Services; (4) test the vulnerability of any KOSMILZE, Inc. system, or breach any KOSMILZE, Inc.’s security or authentication measures; (5) circumvent any technological measure implemented by KOSMILZE, Inc. or any of its providers, or any other third-party (including another user); (6) access the KOSMILZE Content or the Services through the use of any means or mechanism other than an Authorized Connection; and/or (7) modify, decompile, disassemble, reverse engineer, seek backend viewing, tamper with, or otherwise attempt to derive the source code of any software that  KOSMILZE, Inc. provides to you or any other part of the Services, or attempt to discern hidden features in order to put them into the marketplace in advance of KOSMILZE, Inc. placing them in the marketplace.

 

8. SOFTWARE CONNECTIONS

You are granted a limited, nonexclusive, and nontransferable right to access the Services for noncommercial purposes, provided that such access does not portray KOSMILZE, Inc. or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable to KOSMILZE, Inc. The determination of such content is at the sole discretion of KOSMILZE, Inc., and this limited right may be revoked at any time in KOSMILZE, Inc. sole discretion.

 

9. KOSMILZE’S ENFORCEMENT RIGHTS AND RESERVATIONS

KOSMILZE, Inc. reserves all rights (but it is not required) to remove or disable access to the Services, KOSMILZE Content, or Your Content, at any time and without notice, and at our sole discretion, if we determine that your use of the Services is objectionable, or in violation of these Terms. We retain the right to investigate violations of these Terms, and any and all conduct that impacts the Services in any way. KOSMILZE, Inc. may take any action it deems appropriate to assert and protect its rights.

 

10. UNDERSTANDING YOUR OWN RISK

If you rely on any KOSMILZE Content, Your Content, or the Services, you do so solely at your own risk. The same is true for your use of any products or services advertised through KOSMILZE.

 

Our effort is to provide helpful and accurate information about the Services, but we make no endorsement, representation, or warranty of any kind about any KOSMILZE Content, or the Services. The accuracy of the data collected and presented through the Services is not intended to match that of any scientific measurement devices.

 

KOSMILZE, Inc. is not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information that you receive through the Services. We cannot guarantee results or your satisfaction from your use of the Services. Further, KOSMILZE Content and/or the Services may change from time to time, through upgrades and/or developments.

 

Your use of the Services requires that you adhere to all instructions and safety notifications provided by the manufacturers of all products that you utilize. You must also consider the advice provided to you by any of your treating doctors or dentists. Please read and comply with all safety notices that accompany your use of the Services.

 

11. CONSULTATION WITH DOCTORS AND DENTISTS

The Services are not intended to diagnose, treat, cure, or prevent any injury, illness, or disease. Nor are your use of the Services meant to replace treatment with your doctors and dentists. If you have a medical or dental condition, consult your doctor or dentist before using the Services. If you experience a medical issue or emergency, stop using the Services and consult with a medical professional.  KOSMILZE, Inc. is not responsible for any health problems that may result from consultations, products, or events you learn about through the Services.

 

12. TERMS OF SALE AND NO WARRANTY

Any and all sales related to the use of the Services are final. If you pay for an application to use the Services, you will not be granted a refund.  KOSMILZE, Inc. does not warrant the any level of success or your satisfaction relative to your use of the Services. The Terms of Sale and No Warranty are incorporated into and made a part of these Terms. KOSMILZE, Inc. may accept, decline, or place limits on your requested use of the Services for any reason.

 

THE KOSMILZE CONTENT AND THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, KOSMILZE, INC. EXPLICITLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

 

KOSMILZE, Inc. makes no warranty that the KOSMILZE Content or the Services will meet your satisfaction, expectations, or requirements, or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the KOSMILZE Content or the Services.

 

13. PRODUCTS AND SERVICES BY OTHERS

KOSMILZE may display, or permit linking, or other access to the Services for the benefit of third-parties, including: products, services, content, promotions, websites, applications, and resources (collectively “Third-Party Services”). Such Third-Party Services are not under the control of KOSMILZE, Inc. Further, KOSMILZE, Inc. does not endorse any of the Third-Party Services, nor does it maintain any obligations for the Third-Party Services. You are required to utilize your own due diligence and common sense in deciding whether to utilize any of the Third-Party Services.

 

14. CHANGES AND UPDATES TO THE SERVICES

KOSMILZE, Inc. reserves the rights to make changes and updates to the Services; it also has the right to stop or discontinue the Services, temporarily or permanently suspend to terminate the Services, or any feature, component, or content of the Services at any time without notice. Such action will not result in KOSMILZE, Inc. being liable to you or any third-party. At all times, we reserve the right to determine the timing and content of updates, which may be scheduled without prior notice to you.

 

15. TERMINATION OF SERVICES

KOSMILZE, Inc. reserves the right to suspend or deactivate your account or your access to certain aspects or all of the Services, or to terminate providing the Services, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting us. Upon any termination of the Services, all of these Terms will remain in full force and effect, as well as the provisions in our Privacy Policy.

 

16. DISPUTE RESOLUTION

Any dispute between you and us arising out of or relating to these Terms, the KOSMILZE, Inc. Content, or the Services, will be governed by the procedure outlined below.

 

Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of laws principles.

 

Mediation: Prior to undertaking a formal arbitration procedure, you are required to submit all disputes to us in writing and allow us thirty (30) days to attempt to resolve any such dispute. You may contact us. In the event that a resolution cannot be reached, then you are permitted to undertake the arbitration step noted below. This mediation provision is only a requirement for you. KOSMILZE, Inc. is not required to participate in mediation prior to seeking enforcement of its rights.

 

Arbitration: You agree to resolve any disputes that you have with us through final and binding arbitration, filed with the American Arbitration Association’s office closest to Boston, Massachusetts. The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The AAA rules will govern payment of all arbitration fees. Each party is responsible for their share of arbitration fees.

 

Exception to Agreement to Arbitrate: We reserve the right to file a civil action in a court of competent jurisdiction in order to enforce our rights and/or seek legal remedies at law and/or equity and the decision whether we decide to file a court proceeding or arbitration as to any disputes that we have with you or any third-party shall be at our sole discretion.

 

Except as otherwise required by applicable law, in the event that your agreement to arbitrate is found not to apply to you or your claim, or we decide to pursue a court action, you and we both agree that any judicial proceeding will be brought in the federal or state courts of Boston, Massachusetts. Both you and we consent to venue and personal jurisdiction there.

 

No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms or our agreement with you.

 

17. MISCELLANEOUS TERMS 

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between us and you regarding these Terms, the KOSMILZE Content, and the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the KOSMILZE Content, and the Services.

 

We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Services. Any use of the Services after a modification to these Terms becomes effective, you are accepting the modified Terms. 

You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction.

 

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, the remainder of provisions of these Terms will remain in full force and effect.

 

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (1) via email or (2) by posting to the Services.

 

No waiver of rights. Any failure by us to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. A waiver of any right or provision will only be effective if provided by us to you in writing and signed by a duly authorized representative of KOSMILZE, Inc. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

CONTACTING US

YOU MAY CONTACT US WITH ANY QUESTIONS ABOUT THESE TERMS.

Contact us at info@kosmilze.com.