TABLE OF CONTENTS:

1. Your agreement with KOSMOS
2. Acceptance of the Terms
3. Changes to the Terms
4. Licence
5. Use of the software and products and KOSMOS websites
6. Your obligations
7. Proprietary rights
8. Charges
9. Payment
10. Refund Policy
11. Ending Your relationship with KOSMOS
12. Exclusion of warranties, limitation of liability and indemnity
13. Third party websites products and services
14. Additional Terms
15. Your confidential information and your privacy
16. For Government users only
17. How to contact KOSMOS
18. Miscellaneous
19. Product specific terms
20. Fair Usage Policy
21. Acceptable Usage Policy
22. Broadcast Terms of Service
23. Canada Privacy Policy
24. US Privacy Policy
25. Security Policy
26. Trademark Policy

PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE PRODUCT(S) OR KOSMOS WEBSITES

Key Points

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:
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.
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

1. YOUR AGREEMENT WITH KOSMOS

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.

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.

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.

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.

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.

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.

2. ACCEPTANCE OF THE TERMS

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.

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.

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.

3. CHANGES TO THE TERMS

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.

4. LICENCE

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.
4.2 Restrictions. You may not and you agree not to.
I. sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;
II. 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);
III. remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
IV. 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;
V. other than for the purposes of download and installation, use the Software except through your User Account.
4.3 Third Party Technology.
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.

5. USE OF THE SOFTWARE AND PRODUCTS AND KOSMOS WEBSITES

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.
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.
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.
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.
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 offence, 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.
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 defences, 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.
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.
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.
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.
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 too KOSMOS will not be treated as confidential and KOSMOS shall not be liable for any disclosure of the Reports.
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.

6. YOUR OBLIGATIONS

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.
6.2 Prohibited Use:
You may not:
I. intercept or monitor, damage or modify any communication which is not intended for you;
II. 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;
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;
IV. expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
V. 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;
or
VI. 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
VII. collect or harvest any personally identifiable information, including account names, from the Software, Products or KOSMOS Websites;
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;
IX. 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.
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.
I. In connection with your User Submissions, you represent and warrant that you
II. 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
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.
IV. 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.
V. 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.
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.
6.5 No Reselling. The Software and Products are for your individual use. You shall not resell or commercialize the Software and/or Products to any third party.
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.

7. PROPRIETARY RIGHTS

7.1 The Software, Products and KOSMOS Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.
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.
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.
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.

8. CHARGES

8.1 Calling phones with KOSMOS:
I. The charges payable for calling phones (outside of a subscription) consist of a per-minute rate as set out on www.kosmosmobile.com/rates.
II. 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.
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 Credits balance in your User Account.
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.
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.
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.
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.

9. PAYMENT

9.1 KOSMOS Koin Currency. You can pay for select Paid-For Products or services using KOSMOS Koin Currency.
9.2 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.
9.3 LIMITATION OF LIABILITY: INDEMNIFICATION; WARRANTIES Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 Dialling, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
I. an act or omission of an underlying carrier, service provider, vendor or other third party;
II. equipment, network or facility failure;
III. equipment, network or facility upgrade or modification;
IV. 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;
V. equipment, network or facility shortage;
VI. equipment or facility relocation;
VII. service, equipment, network or facility failure caused by the loss of power to you;
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;
IX. any act or omission by you or any person using the Service or Device provided to you; or
X. 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 Dialling) 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.
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 DIALLING 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.

10. REFUND POLICY

10.1 Withdrawal Right and Refund Request:
I. 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, 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.
II. Non-Refundable Purchases: No refunds shall be given for (a) reactivated KOSMOS Koin; (b) Paid-For Products (including KOSMOS Koin) 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) 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).
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.
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.
10.3 Refund payments will be made in the same form as you initially made payment.
10.4 This refund policy does not affect your statutory rights.

11. ENDING YOUR RELATIONSHIP WITH KOSMOS

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.
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:
1. if you are in breach of these Terms;
2. 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;
3. if KOSMOS reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies;
4. 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;
5. in respect of a particular Product, on thirty (30) days’ notice if KOSMOS decides to cease offering that Product;
6. 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;
7. on thirty (30) days’ notice if KOSMOS decides to cease offering the Software to users in your jurisdiction generally.
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.
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.

12. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

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.
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.
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.
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.
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:
I. any indirect, special, incidental or consequential damages; or
II. any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
III. any damage to or corruption of data (whether direct or indirect);
IV. any claim, damage or loss (whether direct or indirect ) arising from or relating to:
V. your inability to use the Software to contact Emergency Services;
VI. your failure to make additional arrangements to access Emergency Services in accordance with paragraph 5.5 above;
the service limitations set out in paragraph 5.6;
VII. your failure to provide accurate physical location information to an Emergency Services operative; or
IX. conduct of third party Emergency Services operatives and calling centres to which you may be connected.
X. any claim, damage or loss (whether direct or indirect) arising from or relating to:
a. any product or service provided by a third party under their own terms of service, including without limitation, KOSMOS WiFi;
b. any Third Party Technology;
c. any third party website.
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.
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.

13. THIRD PARTY WEBSITES PRODUCTS AND SERVICES

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.
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.
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.

14. ADDITIONAL TERMS

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.
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.

15. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY

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.

16. FOR GOVERNMENT USERS ONLY

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.

17. HOW TO CONTACT KOSMOS

17.1 To contact KOSMOS in relation to KOSMOS or “KOSMOS” branded Products, please submit a support request to support@kosmosmobile.com
17.2 If you contact KOSMOS by any means other than as set out in paragraphs 17.1, your request may not be acknowledged.

18. MISCELLANEOUS

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.
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.
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.
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.
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.
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.
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.
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.
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.

19. Product Specific Terms

1. N/A

20. FAIR USAGE POLICY

1. Voice Services: Kosmos voice services are provided primarily for live dialog between two individuals and, like all our services, are provided for personal use only. If your use of our voice services (including group calling) is deemed to have a negative impact on Kosmos Mobile or our partners’ network and everyone’s ability to enjoy our services, Kosmos Mobile may, at its option, terminate or suspend your service. This includes, but is not limited to:

  • Voice usage that grossly exceeds the average typical consumer usage.
  • Voice calls that are deemed to have abnormal durations. For example: many short calls to different phone numbers or few calls of long duration.
  • Voice services that are used for data transmissions, transmission of broadcasts, monitoring services, transmission of recorded material, or other connections which don’t consist of uninterrupted live dialog between two individuals.
    All calls will be disconnected and require a re-dial after a 2 hour duration. Where reasonable, Kosmos Mobile will provide you with notice of improper usage before suspension or termination of your service.


21. ACCEPTABLE USE POLICY

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.
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.
21.1 Criminal Offences
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:
I. Communicating hatred
II. Pyramid selling
III. Unauthorized use of a computer
IV. Mischief in relation to data
V. Fraud
VI. Obscenity
VII. Child pornography
21.2 Civil Offences and Violations of the Rights of Others
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:
I. Copyright infringement
II. Trademark infringement
III. Defamation
21.3 Other
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:
I. Posting, uploading, reproducing, distributing or otherwise transmitting unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters, or other “spam”
II. Engaging in threats, harassment, intimidation, stalking or abuse of others
III. Scanning another computer system
IV. Probing another computer system
V. Obstructing or bypassing computer identification procedures
VI. Engaging in unauthorized computer or network trespass
VII. Exporting equipment, software, or data outside of Canada or the U.S. in contravention of applicable export control legislation
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.
21.4. System and Network Security
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.
Examples of system or network security violations include, without limitation, the following:
I. Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm).
II. 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.
III. Executing any form of network activity that will intercept data not intended for the Customer’s server.
IV. Circumventing user authentication or security of any host, network or account.
V. 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).
VI. 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.
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.
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.
IX. 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 advertising 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.
X. 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.
XI. 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.
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.
XIII. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
XIV. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
XV. Accessing or attempting to access your account or other KOSMOS MOBILE services after you (or Company) has cancelled Customer’s account.
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.
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.
XVIII. Using KOSMOS MOBILE Services to interfere with the use of the KOSMOS MOBILE network by other customers or authorized users.

22. BROADCAST TERMS OF SERVICE

22.1. Broadcast TOS Applicability
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.
22.2. Registration
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
22.3. Definitions
I. “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.
II. “Program” means a live or pre-recorded audio or visual performance.

23. PRIVACY POLICY – CANADA

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:
a. notify you when your contacts become active on KOSMOS,
b. indicate which of your contacts is already a KOSMOS user,
c. correctly display the name of each contact as it appears in your address book when a call is received.
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.
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.
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.
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.
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.
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.
This Privacy Policy is organized along ten privacy principles, which are:
I. Accountability
II. Identifying Purposes
III. Consent
IV. Limiting Collection
V. Limiting Use, Disclosure and Retention
VI. Accuracy
VII. Safeguards
VIII. Openness
IX. Individual Access
X. Challenging Compliance
PRINCIPLE #1 — ACCOUNTABILITY
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.
I. 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.
II. KOSMOS Mobile’s Privacy Officer may be contacted at:
Attention: KOSMOS Mobile Inc. c/o Privacy Officer
#114B-8988 Fraserton Court, Bby, BC, Canada
E-mail: support@kosmosmobile.com
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.
IV. KOSMOS Mobile will implement policies and practices to give effect to these principles, including:
a. implementing procedures to protect personal information;
b. establishing procedures to receive and respond to complaints and inquiries;
c. training staff and communicating to staff information about KOSMOS Mobile’s policies and practices; and
d. developing information to explain KOSMOS Mobile’s policies and procedures.
PRINCIPLE #2 — IDENTIFYING PURPOSES
KOSMOS Mobile will identify the purposes for which personal information is collected at or before the time the information is collected.
I. KOSMOS Mobile collects personal information only for the following purposes (“identified purposes”):
II. to provide service(s) and/or products to its customers;
III. to maintain commercial relations and to communicate with its customers (which will include, but not be limited to: billing, collection, advertising, promotion, account verification);
a. to identify customer needs and/or preferences;
b. to meet legal and regulatory requirements;
c. to administer and manage its business operations; and
d. as otherwise required or permitted by law
IV. Mobile will provide notice of the identified purposes either orally, electronically or in writing prior to or at the time of collection of the personal information.
V. If individual persons collect personal information, they will be able to specify the purposes for which the information is being collected, or will refer the individual whose information is being collected to a designated person at KOSMOS Mobile who will specify the purposes.
VI. When personal information that previously has been collected is to be used for a purpose not previously identified, the new purpose will be identified prior to use. Unless the new purpose is required by law, and subject to the exceptions referred to in Principle #3, KOSMOS Mobile will obtain the consent of the individual before information is used for that new purpose.
VII. Occasionally, KOSMOS Mobile will communicate to you special bonus and new product offers that we think may be of value to you. KOSMOS Mobile may retain third parties to assist it in marketing such new or additional KOSMOS Mobile products and services to our customers (and for such purpose may share personal information with such third parties) but will not otherwise disclose or make available any personal information to any third parties seeking to market their products to KOSMOS Mobile’s customers. All KOSMOS Mobile customers have the right to choose not to participate in direct marketing of new products and services from KOSMOS Mobile. If you wish to opt-out of receiving targeted communications from KOSMOS Mobile in electronic, printed or verbal format (other than information included with your monthly bills), simply inform us in writing at:
Attention: KOSMOS Mobile Inc. c/o Privacy Officer
#114B-8988 Fraserton Court, Bby, BC, Canada
E-mail: support@kosmosmobile.com
VIII. The Site may provide hyperlinks, which are highlighted words or pictures within a hypertext document that may, when clicked, take you to another place within the document, to another document altogether, or to a third party website not controlled by KOSMOS Mobile. Such hyperlinked third party websites may collect and disclose information different than this Site. KOSMOS Mobile is not responsible for the collection, use, or disclosure of information collected through these third party web sites, and KOSMOS Mobile expressly disclaims any and all liability related to such collection, use, or disclosure.
PRINCIPLE #3 — CONSENT
The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except where inappropriate.
I. In certain circumstances, personal information can be collected, used, or disclosed without the knowledge and consent of the individual. For example, where collection or use is clearly in the interests of the individual and consent cannot be obtained in a timely way; where used or disclosed in the case of an emergency that threatens the life, health or security of an individual; where personal information is publicly available as defined by regulation; where collection with knowledge or consent might compromise the availability or accuracy of the information and the collection relates to investigation of a breach of agreement or contravention of law; or to comply with a subpoena, warrant or court order.
II. Where required, KOSMOS Mobile will generally seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when KOSMOS Mobile wants to use information for a purpose not previously identified).
III. KOSMOS Mobile will make a reasonable effort to ensure that the individual is advised of the purposes for which the information will be used. To make the consent meaningful, the purposes will be stated in such a manner that the individual can reasonably understand how the information will be used or disclosed.
IV. KOSMOS Mobile will not, as a condition of the supply of a product or service, require an individual to consent to the collection, use, or disclosure of information beyond that required to fulfill the explicitly specified and legitimate purposes.
V. The form of consent sought by KOSMOS Mobile may vary, depending upon the circumstances and the type of information disclosed. KOSMOS Mobile will seek express consent when the information is likely to be considered sensitive. Implied consent will generally be appropriate when the information is less sensitive.
VI. An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. KOSMOS Mobile will inform the individual of the implications of such withdrawal. In order to withdraw consent, an individual must provide notice to KOSMOS Mobile in writing.
VII. With respect to personal information already collected by KOSMOS Mobile prior to the publication of this Privacy Policy, this Policy will constitute reasonable notice to KOSMOS Mobile’s current customers of the purposes and uses for which such personal information has been collected. Should an individual object to these ongoing uses or disclosures, consent may be withdrawn upon providing notice to KOSMOS Mobile in writing.
PRINCIPLE #4 — LIMITING COLLECTION
The collection of personal information will be limited to that which is necessary for the purposes identified by KOSMOS Mobile. Information will be collected by fair and lawful means.
I. KOSMOS Mobile collects personal information from its customers for the purposes described under Principle #2.
II. KOSMOS Mobile may also collect personal information from such third parties as credit bureaus, employers or personal references or other third parties that represent that they have the right to disclose the information.
III. The Site uses a feature of Internet web browsers called a cookie, which is a file that is sent to your browser from the Site’s computers and stored on your computer’s hard drive. A cookie assigns a unique identification code to your computer in order to collect anonymous information. On this Site, cookies are used to help us track visitors, conduct research and improve our content and services.
IV. KOSMOS Mobile’s cookies do not collect personal information. KOSMOS Mobile only collects personal information if you knowingly and willingly provide such information.
V. You may set your Internet web browser to notify you when you receive a cookie or to prevent cookies from being sent. If you prevent a cookie from being sent, you may limit the functionality of the Site.
PRINCIPLE #5 — LIMITING USE, DISCLOSURE, AND RETENTION
Personal information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as otherwise required or permitted by law. Personal information will be retained only as long as necessary for the fulfillment of those purposes or as otherwise required or permitted by law.
I. KOSMOS Mobile may collect, use or disclose personal information without the individual’s knowledge or consent in certain circumstances as described in Principle #3.1.
II. KOSMOS Mobile may disclose a customer’s personal information to:
a. a person involved in the development, promotion, marketing or enhancement of KOSMOS Mobile services;
b. emergency services in an emergency situation;
c. a person, who, in the reasonable estimation of KOSMOS Mobile, is an agent of the customer;
d. third party affiliates for administrative purposes (for example, customer billing, marketing, etc.); and
a. any other third party, upon receiving the consent of the customer or as required by law.
III. Such disclosures may in some cases be to recipients outside of Canada.
IV. Personal information may also be disclosed in connection with a sale, transfer or reorganization of one or more of KOSMOS Mobile’s businesses, in which case KOSMOS Mobile will require that any personal information will continue to be treated in accordance with this Privacy Policy or as otherwise permitted by law.
V. KOSMOS Mobile will retain personal information that has been used to make a decision about an individual long enough to allow the individual access to the information after the decision has been made, and, in the event of an access request or a challenge, long enough to exhaust any recourse an individual may have under the law.
PRINCIPLE #6 — ACCURACY
Personal information will be updated as necessary for the purposes for which it is to be collected and used.
I. The extent to which personal information will be updated will depend upon the use of the information, taking into account the interests of the individual. Information will be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about the individual.
II. KOSMOS Mobile will not routinely update personal information unless such a process is necessary to fulfill the purposes for which the information was collected.
III. Personal information that is used on an ongoing basis, including information that is disclosed to third parties, will generally be accurate and up-to-date to the best of KOSMOS Mobile’s knowledge, unless limits to the requirement for accuracy are clearly set out.
PRINCIPLE #7 — SAFEGUARDS
KOSMOS Mobile will use reasonable efforts to protect personal information by security safeguards appropriate to the sensitivity of the information.
I. KOSMOS Mobile has invested and deployed a wide variety of technology and security features to ensure the privacy of personal and anonymous information on its network. In addition, KOSMOS Mobile has implemented strict operations guidelines to safeguard customer privacy at every level of its organization. KOSMOS Mobile will continue to revise policies and implement additional security features as new technologies become available. Unfortunately, no system is perfect; therefore, KOSMOS Mobile makes no representations or warranties with regard to the sufficiency of these security measures. KOSMOS Mobile shall not be responsible for any actual or consequential damages (or any other damages or liability of any kind whatsoever, whether as a result of negligence or otherwise) that result from a lapse in compliance with this Policy because of a security breach or technical malfunction.
II. KOSMOS Mobile protects all personal information regardless of the format in which it is held. The methods of protection include:
a. physical measures, such as locked filing cabinets and restricted access to offices;
b. organizational measures, such as security clearances and limiting access on a “need to know” basis;
c. technological measures, such as the use of passwords and encryption.
III. KOSMOS Mobile makes their employees aware of the importance of maintaining the confidentiality of personal information. KOSMOS Mobile employees are governed by non-disclosure obligations. These obligations prohibit disclosure or use of any confidential or personal information except in accordance with this Privacy Policy.
PRINCIPLE #8 — OPENNESS
KOSMOS Mobile will, upon written request, make readily available to individuals specific information about its policies and practices relating to the management of personal information, other than confidential commercial information.
I. KOSMOS Mobile will make its policies and practices with respect to the management of personal information comprehensible and accessible, by providing upon request:
a. the name, title, and address of the Privacy Officer accountable for KOSMOS Mobile’s policies and practices and to whom complaints or inquiries can be forwarded;
b. the means by which an individual can gain access to his or her personal information held by KOSMOS Mobile; and
c. a description of the type of information held by KOSMOS Mobile and/or its subsidiaries, including a general account of its use.
II. KOSMOS Mobile will make this Privacy Policy available online at its website.
PRINCIPLE #9 — INDIVIDUAL ACCESS
Upon written request, an individual will be informed of the existence, use, and disclosure of his or her personal information and will be given access to that information. An individual will be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
I. Upon written request, KOSMOS Mobile will inform an individual whether or not the organization holds personal information about that individual, and will provide that individual with a reasonable opportunity to review the personal information in his or her file.
II. KOSMOS Mobile will allow the individual access to his or her personal information once the individual has provided KOSMOS Mobile with a written request application. The application will include sufficient information to permit KOSMOS Mobile to provide an account of the existence, use, and disclosure to any third parties of this personal information. KOSMOS Mobile will use the application only for this purpose.
III. KOSMOS Mobile will respond to an individual’s written request within 30 days, unless this period is extended in accordance with applicable legislation, in which case notice will be sent to the individual within 30 days regarding the extension, the reasons for it and the individual’s rights in connection with it. KOSMOS Mobile will assist any individual who informs it that they need assistance in preparing a request. While the response will typically be provided at no cost to the individual, depending on the nature of the request and the amount of information involved, KOSMOS Mobile reserves the right to impose a cost. In these circumstances, KOSMOS Mobile will inform the individual of the approximate cost to provide the response and proceed upon payment. The requested information will be provided or made available in a form that is generally understandable.
IV. KOSMOS Mobile will be as specific as possible in providing an account of third parties to which it has disclosed personal information about an individual. When it is not possible to provide a list of the organizations to which it has actually disclosed information about an individual, KOSMOS Mobile will provide a list of organizations to which it may have disclosed information about the individual.
V. In certain instances, KOSMOS Mobile will not be able to provide the individual access to his or her personal information. Where permitted, the reasons for denying access will be provided to the individual. This will be done upon the individual’s request, unless KOSMOS Mobile is required by law to provide such written reasons. Exceptions to the grant of an access request may include: information that contains references to other individuals or contains confidential commercial information, where such information cannot be severed from the record; information protected by solicitor-client privilege; information properly collected without the knowledge or consent of the individual for purposes related to investigating a breach of an agreement or a contravention of law; information generated in the course of a formal dispute resolution process; and as required or permitted by law.
VI. When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, KOSMOS Mobile will amend the information as required. Depending upon the nature of the information challenged, amendment may involve the correction, deletion or addition of information. Where appropriate, the amended information will be transmitted to third parties having access to the information in question.
VII. When a challenge is not resolved to the satisfaction of the individual, KOSMOS Mobile will record the substance of the unresolved challenge. When appropriate in KOSMOS Mobile’s judgment, the unresolved challenge will be transmitted to third parties having access to the information in question.
PRINCIPLE #10 — CHALLENGING COMPLIANCE
An individual will be able to address a challenge concerning compliance with the above principles to KOSMOS Mobile’s Privacy Officer.
I. KOSMOS Mobile will maintain procedures to receive and respond to complaints or inquiries about its policies and practices relating to the handling of personal information.
II. KOSMOS Mobile will inform individuals who make inquiries or lodge complaints of the existence of relevant complaint procedures.
III. The person or persons accountable for compliance with this Privacy Policy may seek external advice where appropriate before providing a final response to individual complaints.
VI. KOSMOS Mobile will investigate all complaints. If a complaint is found to be justified, KOSMOS Mobile will take appropriate measures, including, if necessary, amending its policies and practices.
Effective Date
This Privacy Policy may be modified from time to time without notice. This policy was last updated on February 22, 2017.

24. PRIVACY POLICY – UNITED STATES OF AMERICA

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:
a. notify you when your contacts become active on KOSMOS,
b. indicate which of your contacts is already a KOSMOS user,
c. correctly display the name of each contact as it appears in your address book when a call is received.
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.
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.
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.
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 30 months.
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.
KOSMOS Mobile VoIP Inc. and its affiliated entities (“KOSMOS Mobile”) are committed to your privacy. We obey all laws and regulations in the United States applicable to our use and disclosure of your information. Except as set forth in this Privacy Policy, we will not trade, sell, or disclose to any third party any form of PII (as defined below) without your consent and we will not disclose or make available any PII to any third parties seeking to market third party products without your consent. We have set forth this Privacy Policy to explain to you how we collect and use information from our customers who use services and products from KOSMOS Mobile (“Customers”) and from visitors to our Web sites and from potential customers who have communicated, made contact, or interacted with KOSMOS Mobile (“Visitors”), both in connection with online and offline services and products offered by KOSMOS Mobile.
24.1. Collection of Information
KOSMOS Mobile shall collect personally identifiable information, including but not limited to name, physical address, email address, telephone number, credit card information, and other personal information (collectively, “PII”), from Customers when initiating service and in connection with the provision or marketing of products and services. KOSMOS Mobile may collect PII from Visitors in connection with any visit to our Web sites, any communication about our services and products, or other transactions or interactions with KOSMOS Mobile.
KOSMOS Mobile may also collect non-personally identifiable information from Customers and Visitors regarding usage of our services or our Web site (“Non-PII”). Non-PII may include Web site pages viewed, time spent using certain services, demographic data, cookies, and other information which does not specifically identify any one individual.
“Cookies” are pieces of information that may be placed on your computer by a Web site for the purpose of facilitating and enhancing your communication and interaction with that Web site. Many Web sites use cookies for these purposes. We may use cookies to customize your visit to our Web sites and for other purposes to make your visit
In addition to our cookies, we and our vendors and contractors may also use clear gifs, Web beacons, and third party cookies to improve the performance of our Web sites, provide certain features such as advertising, or to anonymously track usage of our Web sites and the online activity of users. In addition, we may use such devices in our HTML-based emails to track the usage of such emails in much the same manner as usage of our Web sites is tracked.
You may stop or restrict the placement of cookies on your computer, including third party cookies, or flush them from your browser by adjusting your Web browser preferences, in which case you may still use our Web site, but it may interfere with some of its functionality.
24.2. Anti-Spyware Policy
KOSMOS Mobile believes that Spyware is a threat to consumer privacy and a consumer’s experience online. Therefore, we forbid any KOSMOS Mobile employee, agent, partner, affiliate, or contractor from intentionally deploying or using Spyware (as defined in this policy) on behalf of KOSMOS Mobile. Spyware refers to any executable software application that is installed on a user’s personal computer and covertly gathers and transmits PII through the user’s Internet connection without the knowledge or consent of the user. Cookies and Web beacons are not considered Spyware. Spyware may gather PII, such as e-mail addresses and credit card information, and may even alter personal computer settings. Intentional use of Spyware by any KOSMOS Mobile employee, agent, partner, or affiliate on KOSMOS Mobile’s behalf will not be tolerated and will be considered grounds for dismissal, contract termination, and/or loss of payment.
24.3. Use of Information
KOSMOS Mobile will use PII to (1) market products and services to Customers and Visitors that KOSMOS Mobile believes may be of interest to them, (2) provide services and products requested by Customers and Visitors and (3) enable its vendors, contractors and partners to provide and assist KOSMOS Mobile in the marketing and provision of such services and products to KOSMOS Mobile, Customers, or Visitors or to participate in joint marketing offers with KOSMOS Mobile. In our contracts with vendors, contractors and partners, we require them to protect PII and to limit their use of such information to the purposes for which it is provided. They may not use this information for their own independent marketing purposes. If you purchase products and services offered jointly by KOSMOS Mobile and one of our partners, PII may be received and shared by both KOSMOS Mobile and our partner. Each company’s privacy policy may apply. However, we will not share your credit card information with any third parties unless they are involved in processing payments for services that you have purchased from KOSMOS Mobile. KOSMOS Mobile only works with partners whom we believe maintain high standards with respect to privacy and consumer rights.
KOSMOS Mobile may also use and disclose PII to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our service or network, to investigate fraud or violations of our EndUserLicenseAgreement, as required by courts or administrative agencies or in connection with a sale, merger, or reorganization of KOSMOS Mobile’s business.
24.4. CPNI
In the course of providing services to you, we collect and maintain certain customer proprietary network information (“CPNI”). CPNI includes the types of services you currently purchase, related usage and billing information for those services. Your telephone number, name, and address are not CPNI. We value our relationships with our customers and are committed to respecting and protecting your CPNI. Accordingly, we do not sell, trade, or share your CPNI, including your calling records outside of KOSMOS Mobile or with anyone not authorized to offer our products or services, or to perform functions on our behalf except as authorized by you or required by law. Generally, we can use your CPNI to offer additional services to you, and for billing and collections purposes. We can also disclose your CPNI for legal or regulatory reasons, including in response to subpoenas and court orders, without your prior knowledge or consent. We can also use CPNI to investigate fraud and to prevent violation of our Terms of Service and unlawful use of our network, services, and other customers.
24.5. Security
KOSMOS Mobile has invested and deployed a wide variety of technology and security features to make reasonable efforts to ensure the privacy of information on its network. In addition, KOSMOS Mobile has implemented operations guidelines to ensure Customer and Visitor privacy is safeguarded throughout its organization. KOSMOS Mobile will continue to revise policies and implement additional security features as new technologies becomes available. However, no system or service can give a 100% guaranty of security, especially a service that relies upon the public Internet. Therefore, you acknowledge the risk that third parties may gain unauthorized access to your information when using or accessing our services and our network.
24.6. Communications
KOSMOS Mobile will not read, listen to or disclose to any third parties private e-mail, conversations, or other communications that are transmitted using KOSMOS Mobile services except as required to ensure proper operation of services or as otherwise authorized by law, or with your prior consent.
You should be aware that any PII which you voluntarily include and transmit through publicly accessible forums (i.e., such as chat rooms, blogs, instant messages, listservs) may be viewed and used by anyone with access to such forums. KOSMOS Mobile is unable to control such uses of your PII, and by using such services, you assume the risk that the PII provided by you may be viewed and used by third parties.
24.7. Account Information
Subject to certain security requirements, KOSMOS Mobile will do its best to honor requests from Customers for their own account information, including name, address, company, or billing information. The Customer is responsible for ensuring that the information on file with KOSMOS Mobile is current and accurate.
24.8. Children’s Privacy Policy
KOSMOS Mobile does not sell products or services for purchase by children. KOSMOS Mobile does not knowingly solicit or collect PII from children or teenagers under the age of thirteen (13). If you believe that a minor has disclosed PII to KOSMOS Mobile, report this to us at support@kosmosmobile.com.
24.9. KOSMOS Mobile Spam Policy
KOSMOS Mobile has zero tolerance for spam. Spam complaints will be dealt with seriously and can result in losing KOSMOS Mobile privileges such as loss of referral credits and even loss of a customer’s account. If you receive spam and want to report it to KOSMOS Mobile, please forward the email you have received to support@kosmosmobile.com
24.10. Third Party Web Sites and Services
Our service may contain links to other Web sites and services not maintained by KOSMOS Mobile. In addition, other Web sites and services may also reference or link to KOSMOS Mobile. We encourage you to be aware when you leave our service, or surf the Internet, and to read the privacy statements of each and every Web site and service that you visit. We do not endorse, screen, or approve, and are not responsible for the privacy practices or the content of, such other Web sites and services.
KOSMOS Mobile does not assume, and expressly disclaims, any liability for third parties that have been provided with information as permitted by this Privacy Policy or who have collected information as permitted by this Privacy Policy (such as advertisers using third party cookies).
24.11. Opt-out Policy
If you do not want your PII used by KOSMOS Mobile for any direct marketing purposes, then you may opt-out of such disclosures by emailing us at support@kosmosmobile.com.
However, we are not responsible for removing your PII from the lists of any third party who has previously been provided your information in accordance with this policy. Since KOSMOS Mobile must use a Customer’s PII in order to provide them with KOSMOS Mobile services, Customers cannot opt-out of all uses of their PII unless they cancel their service.
24.12. Changes to Policy
We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time by posting such changes here. You should review this policy regularly for changes, and can easily see if changes have been made by checking the Effective Date below. However, if at any time in the future we plan to use PII in a way that differs from this policy, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use following the posting of any changes to this policy means you accept such changes.
24.13. Terms of Service
For Customers, this Privacy Policy is subject to the KOSMOS Mobile Terms of Service or other agreements between you and KOSMOS Mobile. If you are a Customer, please refer to the Terms of Service or such other agreements regarding certain rights and limitations with respect to your use of KOSMOS Mobile’s services.
24.14. United States of America
Our service is maintained in the United States of America. By using our services, you authorize the export of PII to the USA and its storage and use by KOSMOS Mobile or its vendors, contractors and partners, anywhere in the world, as specified in this policy.
24.15. Questions
For common questions and answers regarding our privacy policy or to contact us, go to Privacy Policy: FAQs.
24.16. Effective Date
This Privacy Policy was last updated on February 22, 2017.

25. SECURITY POLICY

This privacy policy explains how KOSMOS Mobile treats personally identifiable information that KOSMOS Mobile collects and receives. Personally identifiable information is information about our customers that can identify them, such as name, address, e-mail address or phone number.
This policy also applies to our use of what our industry calls “Customer Proprietary Network Information” (CPNI). CPNI relates to the use of KOSMOS Mobile voice services. It includes the length of calls; the phone numbers that customers call and similar information. CPNI does not include personally identifiable information such as name, telephone number and e-mail address.
This policy does not apply to the practices of companies that KOSMOS Mobile does not own or control, or to people KOSMOS Mobile does not employ or manage. However, when KOSMOS Mobile uses companies, agents, contractors or other third parties to perform services on its behalf, KOSMOS Mobile requires that they protect CPNI and personally identifiable information consistent with this policy.
25.1. Accessing Private Information
A central feature of KOSMOS Mobile’s product is its ability to integrate a user’s telephony and e-mail systems into a unified service. In order to accomplish this, KOSMOS Mobile’s software may access contact lists maintained by third-party products such as Microsoft Outlook. We do not use this information for any purpose other than to enable these features. We will never contact anyone in your address book, nor allow anyone inside or outside of KOSMOS Mobile to have access to this information.
Other information we collect may be used to protect customers, employees and property against fraud, theft or abuse, to conduct surveys and to maintain good customer relations.
25.2. Information We Collect
KOSMOS Mobile collects personally identifiable information and CPNI when customers register with KOSMOS Mobile, when customers use KOSMOS Mobile products or services, when customers visit KOSMOS Mobile Web pages or the Web pages of certain KOSMOS Mobile partners and when customers choose to enter promotions or sweepstakes or participate in a survey.
When a customer registers for a KOSMOS Mobile account, we require name, gender, address, contact number, e-mail address and a password.
Customers may also provide information in response to surveys conducted by KOSMOS Mobile either online or offline. If this information is connected directly to your personally identifiable information, it is personally identifiable information under this policy. In addition, customers may provide KOSMOS Mobile with personal information when they interact with us. For example, customers may provide such information when requesting or using KOSMOS Mobile customer service.
25.3. Use of Information
25.3.1. Administrative Messages
KOSMOS Mobile uses personally identifiable information to create and maintain accounts, including the delivery of important administrative messages such as service announcements, privacy policy updates, terms of service updates, rate plan changes, balance notifications and account status notifications regarding that particular account (by e-mail, text message, call from customer service or any combination). Please note that when you do not opt in to marketing offers described herein, we will continue to send you this important account-related information.
25.3.2. Information Sharing and Disclosure
I. We may share information with companies that work on behalf of KOSMOS Mobile to provide a product or service that has been requested. We share this information only when it is required to deliver the service in question, and any company working with KOSMOS Mobile to deliver such a service does not have a right to use the information we provide to them beyond what is necessary to assist us in delivering that product or service.
II. You may elect to participate in KOSMOS Mobile-sponsored contests, giveaways, sweepstakes or other promotions and product or service opportunities that KOSMOS Mobile may sponsor. If KOSMOS Mobile should use third parties to deliver these promotions, KOSMOS Mobile will share only the information required to allow them to do their job and will not allow the third party to use information for any other purposes without appropriate permission.
III. We respond to subpoenas, court orders, or legal process, or to establish or exercise legal rights or defend against legal claims.
IV. We share information when we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of KOSMOS Mobile terms of use or as otherwise required or permitted by law or consistent with legal requirements.
V. We will transfer information about our customers if KOSMOS Mobile is acquired by or merged with another company.
25.3.3. Ability to Update or Delete Information
KOSMOS Mobile gives you the ability to update and delete personal information you have provided to us. Please note that any information that we have obtained may remain in backup storage for some period of time after a deletion request. This may be the case even though we will not use such information. Further, we retain call and other records consistent with legal requirements.
25.4. PERSONALIZATION, COOKIES, WEB BEACONS AND AGGREGATE DATA
This section identifies how KOSMOS Mobile and third parties use Web technologies such as cookies and Web beacons, and identifies how your IP address may be seen or used as you use the KOSMOS Mobile service. These technologies are generally used to improve or personalize a service in some way so that it is easier to use. Cookies are small text files placed on a computer’s hard drive by a Web site when a customer visits that site. Cookies are used within the KOSMOS Mobile service as follows:
25.4.1. Cookies identify a customer’s computer and record customer preferences and other data about the visit. When customers return to the site, the site knows who they are and can personalize the visit to that site. KOSMOS Mobile uses cookies to collect information to improve and personalize our services and make suggestions to customers. In most cases your computer will provide you with the ability to clear cookies and to disable cookies (this depends on the browser you are using).
25.4.2. When you log in to the web site or use your phone, KOSMOS Mobile recognizes your identity. Independently of cookies, KOSMOS Mobile may personalize your experience and suggestions on the web site or on your phone.
25.4.3. KOSMOS Mobile may also place Web beacons on its site in conjunction with cookies to monitor how visitors are navigating and/or interacting with the site. A Web beacon is a small, sometimes transparent graphic image on a Web page, Web-based document or in an e-mail message that is designed to allow the site owner or a third party to monitor the address and other information of the user visiting the Web site or sending or responding to the e-mail. Web beacons are used within the KOSMOS Mobile service as follows:
I. When the Web beacon points to a site to retrieve the image, at the same time it can pass along information such as the IP address of the computer, the time the Web beacon was viewed and for how long and the type of browser that retrieved the image.
II. KOSMOS Mobile uses Web beacons to improve its site design and operational and business practices over time.
III. In some, but not all, computers and phones, turning off the browser’s cookies will prevent Web beacons from tracking the user’s activity. The Web beacon will still account for an anonymous visit, but the information unique to the user will not be recorded.
25.5. IP ADDRESSES
IP addresses are used in the KOSMOS Mobile service as follows:
I. An IP address allows information to be sent to and from a computer (or a phone or other device) on the Internet. IP addresses are often temporarily assigned. Temporarily assigned addresses are assigned to a user for a period of time so the user typically does not have the same address each time they use the service. If a user is using a permanent IP address (more common with servers than mobile, dial-up, DSL or cable Internet users), they will have the same address each time they use the service. KOSMOS Mobile collects IP addresses when people access our Web site.
II. KOSMOS Mobile phones receive temporary IP addresses when they use data services. These addresses are reassigned after each data session. IP addresses from KOSMOS Mobile phones are hidden from third parties you visit. These third parties cannot collect KOSMOS Mobile IP addresses.
25.6. CUSTOMER PROPRIETARY NETWORK INFORMATION
Customers have a right, and KOSMOS Mobile has a duty, under the law to ensure the confidentiality of CPNI. KOSMOS Mobile may use customer CPNI to market additional communications and data products and services similar to the types currently purchased from us. Again subject to your permission, KOSMOS Mobile may contact you to market additional products and services we and our partners sell.
KOSMOS Mobile also discloses customer CPNI as required by law (see “Information Sharing and Disclosure” above). And, to provide service, we may use and disclose CPNI to our agents and independent contractors, but we restrict their use and limit disclosure of CPNI for purposes of providing service or to market products and services as previously described. We will also prohibit the third party from further disclosing the CPNI except as required by law and will require the third party to implement safeguards to protect the confidentiality of the CPNI.
25.7. CONFIDENTIALITY AND SECURITY
KOSMOS Mobile works to safeguard your personally identifiable information. KOSMOS Mobile limits access to personally identifiable information about our customers to employees who we believe reasonably need to use that information to provide products or services to our customers or in order to do their jobs.
I. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about our customers.
II. We use technologies to safeguard personal information including:
a. Secure Socket Layer (SSL) encryption
b. Firewalls and intrusion detection systems
c. Password protection of systems containing personally identifiable information.
III. As with any Web site, the security of information also depends on the safe computing practices of its customers. We strongly recommend that all KOSMOS Mobile customers:
a. should use strong passwords that are not easily guessed for system access
b. should not share passwords with others
c. should not respond to e-mails or text messages asking for password information.
25.8 CHANGES TO THIS PRIVACY POLICY
KOSMOS Mobile may update this policy from time to time if our practices change or if changes in the law require us to do so. We will notify customers about significant changes in the policy by sending a notice to the primary e-mail address specified in the KOSMOS Mobile account or by placing a prominent notice on our site.
25.9 CHANGES TO THIS PRIVACY POLICY
25.9.1. Infringement Warning
KOSMOS respects the intellectual property of others, and we expect all users of the www.kosmosmobile.com website (the “Site”) to do the same. Allegedly infringing materials on the site may be removed or suspended at any time in accordance with the Terms of Service. Repeated infringement by a user of the Site may, in appropriate circumstances, result in a termination of that user’s access to and use of the Site.
25.9.2. Notification of Infringement
If you believe that any of your work has been copied or published or has otherwise been used in connection with the Site in a way that constitutes copyright infringement or is otherwise an infringement of your intellectual property rights, please provide KOSMOS’s designated agent [Note that you have to actually file the name of an “agent” with the US Copyright office for this policy and pay a filing fee.]for notice of claims of copyright or other intellectual property infringement (the “Copyright Agent”) with the following information:
I. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
II. a description of the copyrighted work or other intellectual property that you claim has been infringed;
III. a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the web site;
IV. your address, telephone number, and email address;
V. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
VI. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
KOSMOS’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent c/o Support
KOSMOS Mobile Inc.
#114B-8988 Fraserton Court, Bby, BC, Canada
Email: support@kosmosmobile.com
25.3. Counter-Notification
If you elect to send us a counter notification (i.e. in the event we have taken down or disabled access to material that you have contributed to the Site in response to a notice of its infringement), to be effective it must be a written communication provided to our Copyright Agent that includes substantially the following:
I. an electronic or physical signature of the person authorized to act on behalf of the user;
II. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
III. a statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
IV. your name, address, and telephone number; and
V. a statement that you consent to the jurisdiction of the Federal Court in the district in which your address is located or, if your address is outside the United States, that you consent to any jurisdiction where KOSMOS may be found, and that you will accept service if process originates from the complainant who provided an Infringement Notice or from the agent for such person.
Such Counter-Notification should be sent to KOSMOS’s Copyright Agent as follows:
Copyright Agent c/o
KOSMOS Mobile Inc.
#114B-8988 Fraserton Court, Bby, BC, Canada
Email: support@kosmosmobile.com
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND/OR KOSMOS WEBSITES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO KOSMOS THE RIGHTS SET FORTH HEREIN.
© KOSMOS – Last updated: February 22, 2017

26. TRADEMARK POLICY

This Policy sets out how third parties may use or otherwise refer to trademarks, service marks, trade names, signs, logos, icons, slogans, banners, screen shots of the KOSMOS Mobile user interface, trade dress, links, sounds and other brand features belonging to KOSMOS Mobile (the “KOSMOS Mobile Brand Elements”).
At KOSMOS Mobile, our reputation and brand are extremely important to us. We want our customers to have a safe and secure experience with our communications platform products and we need to ensure that we protect our reputation and brand accordingly. The KOSMOS Mobile Brand Elements are valuable assets to us and are protected by applicable trade mark, copyright and other intellectual property laws.
26.1. The general rule
We do not allow third parties to use the KOSMOS Mobile Brand Elements unless they have either received prior written permission from us or unless the proposed use falls within extremely limited exceptions: see section 4 “Limited exceptions to the general rule” below.
You must ensure that you adhere to these Trade Mark Guidelines or any other guidelines issued by us from time to time, for example, in relation to the size, colour scheme, typeface and prominence of the KOSMOS Mobile Brand Elements. We may modify any of the KOSMOS Mobile Brand Elements at any time, and accordingly you should check this webpage regularly for updates to these guidelines to ensure that your use conforms to our current guidelines.
26.2. Permissions from KOSMOS Mobile
a. If you already have a written agreement with KOSMOS Mobile
If you already have a written agreement with KOSMOS Mobile which allows you to use some of the KOSMOS Mobile Brand Elements, that agreement will govern your rights to use those KOSMOS Mobile Brand Elements, in addition to these Trade Mark Guidelines. In the event of conflict between your agreement and these Trade Mark Guidelines, the terms of your agreement will prevail.
b. If you do not have a written agreement with KOSMOS Mobile
If you do not already have a written agreement with KOSMOS Mobile which governs your proposed use of the KOSMOS Mobile Brand Elements you must request prior written permission from KOSMOS Mobile for your proposed use of the relevant KOSMOS Mobile Brand Elements, as explained below, unless your use falls within the exceptions listed in section 4 below.
To request permission, for example, to use screen shots in academic text books or in films, you will need to send an email with your request to support@kosmosmobile.com. Your request should provide details of which KOSMOS Mobile Brand Elements you wish to use, as well as a detailed proposal of how you will be using those elements. You cannot use the KOSMOS Mobile Brand Elements until we have expressly granted you permission. Any change to your initial proposal requires that you make an additional request for that use.
If you receive permission from KOSMOS Mobile to use any KOSMOS Mobile Brand Elements, Trade Mark Guidelines shall be provided that govern that use, in addition to any specific requirements set out in the permissions. KOSMOS Mobile reserves the right to withdraw its permission to use the KOSMOS Mobile Brand Elements at any time, whereupon you agree that you will immediately cease any and all use of the relevant KOSMOS Mobile Brand Elements.
Any permission we may give you is subject to KOSMOS Mobile retaining all right, title and interest in and to the KOSMOS Mobile Brand Elements. In addition, all goodwill arising out of any use of the KOSMOS Mobile Brand Elements by you will be for the sole benefit of KOSMOS Mobile. Such permission is hereby conditioned on your agreement that you will not at any time now or in the future challenge or assist others to challenge the validity of the KOSMOS Mobile Brand Elements.
26.3 Limited exceptions to the general rule
If you do not have our express written agreement/permission to use the KOSMOS Mobile Brand Elements, you may still use certain restricted KOSMOS Mobile Brand Elements in specific limited circumstances, but ONLY as set out below in this section.
Use of our Word Marks to refer factually to our company or our products
You may use certain of our Word Marks (see selected list of Word Marks at the end of this document) in order to identify the KOSMOS Mobile group of companies or its products, but you may not use our icons, logos, taglines or any other features of the KOSMOS Mobile Brand Elements.
“I use the KOSMOS Mobile software.”
“I use the software.”
“KOSMOS Mobile provides internet communication products.”
If you have any questions or are uncertain about how to use our Word Marks, please contact support@kosmosmobile.com
26.4. General
KOSMOS Mobile reserves the right to modify these Trade Mark Guidelines at any time. KOSMOS Mobile also reserves the right to withdraw permission for or otherwise prohibit your use of the KOSMOS Mobile Brand Elements if such use does not conform to these guidelines and other terms we set from time to time. KOSMOS Mobile will not be liable in relation to any loss/damage caused by modification of these Guidelines.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE KOSMOS MOBILE TRADE MARK GUIDELINES AND UNDERSTAND AND ACCEPT THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING ANY OF THE KOSMOS MOBILE BRAND ELEMENTS, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS.