Terms of Service

Last Updated: November 26, 2024

1. Introduction and Acceptance

Welcome to the website of Cosmodot Inc. (“Cosmodot,” “we,” “our,” or “us”), located at www.thecosmodot.com (the “Site” or “Website”). These Terms of Service (“Terms”) govern your access and use of the Site.

By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must immediately cease using the Site.

1.1 Binding Agreement
These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Cosmodot.

1.2 Updates to Terms
Cosmodot reserves the right to amend these Terms at any time without prior notice. Revised Terms will be posted on this page with the effective date. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

Notification of Changes
For significant changes to the Terms, Cosmodot will provide notice to users through the Site or via email, where applicable, to ensure you are informed of updates that may impact your use of the Site.

2. Definitions

For the purposes of these Terms:

"Cosmodot": Refers to Cosmodot Inc., the owner of the Site and developer of CDOT technology.
"Site": Refers to www.thecosmodot.com and all related content, features, and functionality.
"Content": Includes all text, graphics, videos, images, software, and other materials provided on the Site.
"User" or "you": Any individual or entity accessing or using the Site.
"Personal Data": Any information that relates to an identifiable individual.
"CDOT Code" or "CDOT Barcode": A patented, next-generation 2D code developed exclusively by Cosmodot. CDOT barcode is designed to provide durable and reliable traceability for raw materials, components, and finished products, even under harsh industrial conditions. It enables seamless identification and tracking through processes like heat treatment, painting, or sandblasting, and supports real-time data integration.
"CTRACE": Cosmodot's real-time traceability platform that provides visibility, tracking, and control from raw materials to the final product and beyond, facilitating bi-directional communication and data transfer between individual parts and systems like PLCs, SCADA, and MES.
"User-Generated Content": Any content, including but not limited to text, images, videos, and other materials, that users submit, post, or upload to the Site.
"Services": The various offerings provided by Cosmodot through the Site, including but not limited to the patented CDOT Code, the CTRACE platform, and related software solutions.
"Force Majeure": Events beyond Cosmodot’s reasonable control, including but not limited to natural disasters, cyberattacks, or government restrictions.

3. Eligibility and Access

By accessing the Site, you represent and warrant that:

You are at least 18 years old or have the consent of a legal guardian if under 18.
You have the legal capacity to enter into a binding agreement.
Your use of the Site complies with all applicable laws, regulations, and these Terms, including those of your country of residence.

Cosmodot reserves the right to:

Deny or revoke access to the Site at its sole discretion, without prior notice, for reasons including but not limited to:
- Violation of these Terms.
- Misuse of the Site or its Services.
- Engaging in fraudulent or harmful activities.
Restrict access to the Site from specific countries, regions, or individuals as required by applicable export control laws, sanctions, or trade restrictions.

If you are creating an account on the Site:

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify Cosmodot immediately of any unauthorized use or breach of your account.

4. Intellectual Property Rights

4.1 Ownership
All intellectual property, including but not limited to trademarks, copyrights, trade secrets, patents, and proprietary materials available on the Site, is the exclusive property of Cosmodot or its licensors. This includes, but is not limited to:

The patented CDOT Code and any related technologies.
Software, databases, visual design elements, and multimedia content.
Trade names, logos, and product/service identifiers.

These rights are protected by international intellectual property laws and treaties.

4.2 Permitted Use
You are granted a limited, revocable, non-transferable license to access and use the Site for personal, non-commercial purposes only. This license does not grant you any ownership or proprietary interest in the Site or its content.

4.3 Prohibited Actions
You may not:

Unauthorized Use: Copy, reproduce, distribute, publicly display, or modify any content on the Site without prior written consent from Cosmodot.
Derivative Works: Create derivative works based on any part of the Site or its content.
Reverse Engineering: Reverse-engineer, decompile, disassemble, or attempt to extract the source code of any software, tools, or technologies on the Site.
Commercial Exploitation: Use Cosmodot’s intellectual property for commercial purposes, including selling, licensing, or marketing the content or services provided on the Site, without explicit authorization.
Automated Access: Use automated systems, bots, or scraping tools to access or reproduce content from the Site.
Removal of Notices: Alter, obscure, or remove any copyright, trademark, or other proprietary notices displayed on the Site.
Competing Use: Use Cosmodot’s intellectual property to develop competing products or services.

Violation of this section may result in:

Termination: Immediate termination of access to the Site.
Legal Remedies: Pursuit of civil, criminal, or equitable remedies, including damages, injunctions, and attorney’s fees.

4.4 User-Generated Content and IP
If you submit content (e.g., text, images, or videos) to the Site:

You retain ownership of your content but grant Cosmodot a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, distribute, and display your content for any purpose related to the operation or marketing of the Site or its services.
You warrant that the content you submit does not infringe third-party rights and that you have the necessary permissions to grant the above license to Cosmodot.

4.5 Third-Party Intellectual Property
The Site may display third-party content, trademarks, or intellectual property. Your use of such third-party materials is subject to any applicable licenses or restrictions imposed by the respective owners.

5. Proper Use of the Site

You agree to use the Site responsibly and solely for lawful purposes. Prohibited activities include, but are not limited to:

5.1 Malicious Behavior:

Transmitting or distributing viruses, malware, spyware, or any other harmful code.
Attempting to hack, breach, or otherwise compromise the Site’s security or functionality.

5.2 Unauthorized Access:

Gaining or attempting to gain unauthorized access to Cosmodot’s servers, databases, or restricted areas of the Site.
Using another user's account or impersonating another person or entity without authorization.

5.3 System Exploitation:

Engaging in data scraping, automated access, crawling, or harvesting data from the Site using bots, spiders, or other unauthorized tools.
Manipulating, disrupting, or overloading the Site’s servers or infrastructure.

5.4 Unlawful Activities:

Using the Site to engage in unlawful, fraudulent, or harmful activities.
Engaging in activities that violate applicable laws, regulations, or third-party rights.

5.5 Content Violations:

Uploading or submitting content that:
- Infringes on intellectual property rights or violates privacy rights.
- Contains defamatory, obscene, or otherwise objectionable material.
- Promotes violence, hate speech, or illegal activities.

5.6 Interference and Manipulation:

Interfering with the functionality, availability, or accessibility of the Site.
Tampering with the Site’s code, content, or underlying systems.

5.7 Commercial Misuse:

Using the Site for unauthorized commercial purposes, such as unsolicited advertising, spam, or phishing.

Consequences of Violation

Cosmodot reserves the right to take appropriate actions against violations of this section, including:

Immediate Actions: Suspension or termination of your access to the Site.
Legal Remedies: Pursuing civil or criminal remedies, including damages, injunctions, or other equitable relief.
Reporting: Reporting violations to relevant authorities when applicable.

6. User-Generated Content

6.1 Ownership of Content
If you upload, post, or submit content to the Site, the following terms apply:

You retain ownership of your content. However, by submitting content, you grant Cosmodot a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, modify, distribute, publicly display, and perform your content in connection with operating, promoting, and improving the Site and its Services.
You represent and warrant that:
- You own or have the necessary rights and permissions to submit the content.
- Your content does not infringe or violate the intellectual property, privacy, or other rights of any third party.

6.2 Prohibited Content
You agree not to upload, submit, or share content on the Site that:

Violates any applicable laws or regulations or infringes on the rights of others, including copyrights, trademarks, and privacy rights.
Contains defamatory, obscene, sexually explicit, or offensive material.
Promotes hate speech, harassment, violence, or illegal activities.
Includes misleading, fraudulent, or false information.
Contains malware, viruses, or other harmful code.

6.3 Moderation and Enforcement
Cosmodot reserves the right, at its sole discretion, to:

Review, remove, or modify content that violates these Terms or is deemed inappropriate.
Suspend or terminate the accounts of users who repeatedly violate this section.
Report illegal or harmful content to the appropriate authorities.

6.4 Indemnification
By submitting content, you agree to indemnify and hold Cosmodot harmless from any claims, damages, or losses arising from or related to your content, including legal fees incurred by Cosmodot in defending against such claims.

6.5 No Obligation to Retain Content

Cosmodot does not guarantee the storage, backup, or continued availability of any user-generated content. You are encouraged to maintain your own copies of any content you wish to retain.

7. Transactions and Applications

7.1 Programs and Services
Certain areas of the Site allow you to:

Apply for programs or access services provided by Cosmodot.
Purchase products or subscribe to services through online transactions.

Cosmodot reserves the right to approve or reject any application, purchase, or subscription request at its sole discretion.

7.2 Terms of Transactions
All transactions conducted on the Site are governed by:

The terms outlined in these Terms of Service.
Any specific agreements, policies, or terms applicable to the particular program, product, or service (e.g., License Agreements, Refund Policies).

In the event of a conflict between these Terms and a specific agreement, the specific agreement will take precedence.

7.3 Payment and Billing

Payment for purchases or services must be made using the payment methods specified on the Site.
By providing payment details, you represent and warrant that you are authorized to use the selected payment method.
All fees, charges, and applicable taxes must be paid in full at the time of purchase unless otherwise agreed in writing.

7.4 Cancellations and Refunds

Refunds, if applicable, will be subject to Cosmodot’s Refund Policy, available [here](insert link).
Cancellation of services or subscriptions must be made in accordance with the specific terms applicable to that service or subscription.

7.5 User Responsibilities

You agree to provide accurate and complete information during the application or purchase process.
Any misuse, fraudulent activity, or provision of false information may result in the cancellation of the transaction and potential legal action.

7.6 Cosmodot Responsibilities

Cosmodot will make reasonable efforts to ensure the accuracy of product descriptions, pricing, and availability.
In case of errors, Cosmodot reserves the right to cancel or modify a transaction and will notify you promptly.
Cosmodot is not liable for any delays, interruptions, or issues caused by external payment processors or other third parties involved in the transaction.

7.7 Dispute Resolution

Any disputes regarding transactions must be reported to Cosmodot within 30 days of the transaction date.
Disputes will be handled in accordance with applicable laws and Cosmodot’s Dispute Resolution Policy.

8. Disclaimer of Warranty

8.1 General Disclaimer
The Site and all its content, features, and services are provided on an "AS IS" and "AS AVAILABLE" basis. Cosmodot makes no representations or warranties of any kind, either express or implied, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The accuracy, reliability, or completeness of any information, content, or materials provided on the Site.

8.2 Third-Party Services and Links
The Site may include links to third-party websites, services, or resources. Cosmodot does not warrant or assume responsibility for:

The availability, accuracy, or reliability of such third-party services.
Any damages or losses arising from your use of or reliance on third-party websites or services.

8.3 Service Availability and Performance
Cosmodot does not guarantee that:

The Site will be available, uninterrupted, secure, or error-free at all times.
Any errors or defects will be corrected promptly.
The Site or its servers are free from viruses, malware, or other harmful components.

8.4 User Responsibility

You are solely responsible for ensuring that your access to the Site meets your specific requirements and that any reliance on the Site’s content is at your own risk.
Cosmodot is not responsible for any actions taken based on information or content available on the Site.

8.5 Limitation of Scope
Certain jurisdictions do not allow the exclusion of implied warranties or limitations on liability. In such cases, the exclusions stated above may not fully apply, but the limitations will be enforced to the maximum extent permitted by law.

9. Limitation of Liability

9.1 Exclusion of Damages
To the fullest extent permitted by applicable law, Cosmodot shall not be liable for any damages, whether direct, indirect, incidental, special, punitive, or consequential, including but not limited to:

Loss of data, revenue, profits, or business opportunities.
Losses arising from downtime, service interruptions, or the inability to access the Site.
Damages resulting from your reliance on any information or content provided on the Site.

9.2 Liability for Third-Party Actions
Cosmodot is not responsible or liable for:

Any actions, errors, or omissions by third parties, including third-party service providers or external websites linked to the Site.
User-generated content uploaded, shared, or distributed by users of the Site.

9.3 Technical Failures
Cosmodot disclaims liability for damages or losses caused by:

Technical malfunctions, errors, or omissions in the operation of the Site.
Viruses, malware, or other harmful components transmitted through the Site or its servers.

9.4 Maximum Liability
In no event shall Cosmodot’s total liability to you for any claim, loss, or damages arising from or related to your use of the Site exceed the greater of:

The amount you paid (if any) for access to or use of the Site within the 12 months preceding the event giving rise to the claim.
$100 USD.

9.5 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. In such cases, the exclusions and limitations stated in this section shall apply to the fullest extent permitted by applicable law.

10. Data Privacy and Global Compliance

Cosmodot is committed to protecting the privacy and personal data of its users worldwide. All personal data collected through the Site is processed in accordance with global data protection laws, including but not limited to:

General Data Protection Regulation (GDPR): Applicable to users within the European Union.
California Consumer Privacy Act (CCPA): Applicable to users within California, USA.
Lei Geral de Proteção de Dados (LGPD): Applicable to users within Brazil.
Turkish Personal Data Protection Law (KVKK): Applicable to users within Turkey.

10.1 Data Collection and Usage

Cosmodot collects and processes personal data to:

Provide and improve its services.
Fulfill legal obligations.
Enhance user experience and support.
Perform analytics and product development.

All data processing is based on a valid legal basis, such as user consent or legitimate interests, as permitted by applicable laws.

10.2 User Rights

As a global user of Cosmodot, you have the following rights concerning your personal data:

Right to Access: Request a copy of the personal data we process about you.
Right to Correction: Request corrections for incomplete or inaccurate data.
Right to Deletion: Request the deletion of your personal data when it is no longer needed or processed unlawfully.
Right to Object: Object to the processing of your data for specific purposes, such as marketing.
Right to Data Portability: Receive your data in a structured, commonly used format or transfer it to another service provider.

To exercise these rights, contact us at privacy@cosmodot.com. We strive to address all requests promptly, in compliance with applicable laws.

10.3 International Data Transfers

Cosmodot may transfer personal data outside of the user's home country, including to the United States, for storage or processing. These transfers are conducted securely, ensuring compliance with applicable data protection standards. Data transfers are safeguarded by mechanisms such as:

Standard Contractual Clauses (SCCs) approved by data protection authorities.
Additional technical and organizational measures to secure your data.

10.4 Data Retention Policy

Cosmodot retains personal data only as long as necessary for the purposes it was collected for or as required by law. Once no longer needed, personal data is securely deleted or anonymized.

10.5 Data Security Measures

Cosmodot employs industry-standard security practices to protect personal data from unauthorized access, use, or disclosure, including:

End-to-end encryption for sensitive data.
Regular security audits and monitoring.
Secure access controls and firewalls.

10.6 Data Protection Officer (DPO)

For inquiries regarding your data privacy or to exercise your rights, you may contact our Data Protection Officer (DPO) at dpo@cosmodot.com.

11. Service Availability and Performance

11.1 General Availability
Cosmodot strives to provide uninterrupted access to the Site and its services. However, access may occasionally be unavailable due to:

Scheduled maintenance or updates.
Unforeseen technical issues, such as server failures or network disruptions.
Events beyond Cosmodot’s reasonable control, including but not limited to natural disasters, cyberattacks, or acts of third parties.

11.2 Notifications and Scheduling

Users will be notified of scheduled maintenance or updates in advance, where feasible.
Cosmodot will make reasonable efforts to schedule maintenance during periods of low usage to minimize disruptions.

11.3 Limitations of Liability

Cosmodot is not liable for any interruptions, delays, or failures in performance, including but not limited to:
- Loss of data or user content during service interruptions.
- Inaccessibility due to third-party hosting or service providers.
- Financial or operational losses resulting from unavailability of the Site.
Users are encouraged to maintain backup copies of any data or content stored or accessed through the Site.

12. Governing Law and Dispute Resolution

12.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of laws principles.

12.2 Dispute Resolution
a. Negotiation First: Any disputes arising under these Terms must first be resolved through good faith negotiations between the parties.
b. Arbitration: If negotiation fails, disputes will be submitted to binding arbitration conducted by the American Arbitration Association (AAA) under its rules, with the arbitration taking place in Delaware, USA.
c. Exclusions: This clause does not apply to claims for injunctive relief or intellectual property disputes, which may be brought in any court of competent jurisdiction.

12.3 Class Action Waiver
By using the Site, you waive the right to participate in any class-action lawsuit or class-wide arbitration against Cosmodot.

13. Force Majeure

Cosmodot is not liable for delays, interruptions, or failures to perform caused by events beyond its reasonable control, including but not limited to:

Natural disasters (e.g., earthquakes, floods, hurricanes).
Acts of war, terrorism, or civil unrest.
Cyberattacks or system failures.
Government actions or restrictions (e.g., export bans, lockdowns).
Labor disputes or shortages.

In such cases, Cosmodot will make reasonable efforts to mitigate the impact and resume services as soon as feasible.

14. Community Standards and Feedback Policy

14.1 Community Standards
If the Site allows user interaction (e.g., forums, comments, reviews):

Users must engage respectfully and in compliance with applicable laws.
Prohibited activities include harassment, hate speech, threats, or the dissemination of false or harmful information.

14.2 Feedback Policy

Feedback provided to Cosmodot, including suggestions, ideas, or improvements, becomes the property of Cosmodot and may be used without restriction or compensation.

14.3 Moderation

Cosmodot reserves the right to remove any user-submitted content that violates these standards or is deemed inappropriate at its sole discretion.
Repeat offenders may have their accounts suspended or terminated.

15. Termination of Service

15.1 Termination by Cosmodot
Cosmodot may terminate or suspend your access to the Site at its sole discretion, with or without prior notice, for reasons including but not limited to:

Violations of these Terms.
Fraudulent or harmful behavior.
Legal or regulatory requirements.

15.2 Termination by the User
Users may terminate their use of the Site at any time by ceasing access.

Post-Termination Obligations

Provisions related to intellectual property, disclaimers, limitation of liability, and dispute resolution shall survive termination.

16. Updates to the Terms of Service

16.1. Notification of Updates
For significant updates to the Terms, Cosmodot will:

Provide notice through the Site, email, or other reasonable means, where applicable.
Indicate the effective date of the updated Terms.

16.2. User Responsibility
Users are encouraged to review the Terms regularly. Continued use of the Site after updates constitutes acceptance of the new Terms.

For More Information

On the off chance that you have any inquiries in regards to our Terms and Conditions proclamation, it would be ideal if you get in touch with us by sending an email to info@thecosmodot.com address.

Amendments to this Agreement

Cosmodot saves the right, in its sole circumspection, to adjust, modify, or in any case change this Agreement whenever. We will give notice of such change on the this Website. If you don't mind audit the Terms of Use and additionally Additional Terms intermittently for changes. Your proceeded with utilization of the Cosmodot Website establishes your acknowledgment of and consent to be limited by these progressions without confinement, capability or change. In the event that whenever you discover that you don't acknowledge these changes, you should quit utilizing this Website.