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Terms of Service

Effective Date: March 4, 2026 Last Updated: May 16, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE.

These Terms of Service ("Terms") constitute a legally binding agreement between Kosmatic Solutions Inc. ("Kosmatic," "we," "us," or "our") and you ("Customer," "you," or "your") governing your access to and use of the Kosmatic AI-powered customer analytics platform and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.


1. Definitions

| Term | Definition | |------|------------| | "Account" | Your registered account with Kosmatic. | | "AI Workflow" | A scheduled or triggered automated process that uses AI to analyze data, generate insights, or take actions within the Service on your behalf. | | "API" | Application Programming Interface provided by Kosmatic, including the MCP API. | | "A/B Test" | A controlled experiment comparing two or more variants of an engagement strategy. | | "Confidential Information" | Non-public information disclosed by either party. | | "Customer Data" | All data submitted by you or collected on your behalf through the Service. | | "End User" | Any individual who visits your e-commerce store. | | "Fees" | Subscription and usage fees for the Service. | | "Intellectual Property" | Patents, copyrights, trademarks, trade secrets, and other proprietary rights. | | "MCP (Model Context Protocol)" | An API protocol allowing authorized AI assistants to interact with the Service. | | "Playbook" | An automated engagement strategy recommended or executed by the Service based on visitor behavioral classification. | | "Service" | The Kosmatic platform, APIs (including MCP), AI Workflows, dashboards, documentation, and related services. | | "Shopify" | Shopify Inc. and its e-commerce platform. | | "Third-Party Services" | Third-party applications integrated with the Service (including Klaviyo, HubSpot, Meta, Google, Slack). |


2. Account Registration and Security

2.1 Eligibility

To use the Service, you must:

2.2 Account Security

You are responsible for:

We reserve the right to suspend or terminate accounts that violate these Terms.

2.3 Multi-Factor Authentication

We strongly recommend enabling multi-factor authentication (MFA) for all account access. Kosmatic is not liable for unauthorized access resulting from failure to use MFA.


3. Service Description

3.1 Overview

Kosmatic provides AI-powered customer lifetime value (CLV) prediction and behavioral analytics for e-commerce merchants. The Service includes:

3.2 AI and Automated Features

The Service uses artificial intelligence, machine learning, and automated processing. You acknowledge and agree that:

3.3 Service Availability

We strive to maintain 99.9% uptime, measured monthly (excluding scheduled maintenance and force majeure). However:

Detailed SLA available at [kosmatic.com/sla]

3.4 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will provide 30 days' notice for material changes that significantly reduce functionality.


4. Customer Obligations

4.1 Lawful Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

4.2 Data Compliance

As a Customer using our Service to collect End User data, you are the Data Controller under applicable privacy laws. You must:

4.3 Prohibited Data

You may not submit to the Service:

4.4 Integration Compliance

When using Third-Party Services (Klaviyo, HubSpot, Meta, Google, Slack, etc.), you must:

4.5 AI Workflow and MCP Responsibilities

When using AI Workflows or the MCP API, you must:

4.6 Custom Webhook Responsibility

If you configure a custom webhook URL to receive visitor classification data, you are solely responsible for:

Kosmatic has no control over and accepts no liability for data handling by custom webhook endpoints.


5. Fees and Payment

5.1 Subscription Fees

Service fees are based on your selected plan and usage (visitor count, email captures). Current pricing is available at [kosmatic.com/pricing]. We reserve the right to change pricing with 30 days' notice.

5.2 Billing

5.3 Taxes

You are responsible for all applicable taxes, including sales tax, VAT, or GST. Prices do not include taxes unless stated.

5.4 Refunds

5.5 Free Trials

Free trials are offered at our discretion. At trial end:


6. Intellectual Property

6.1 Kosmatic IP

All Intellectual Property in the Service, including:

are owned by Kosmatic or our licensors. These Terms do not grant you any ownership rights.

6.2 Customer Data

You retain all rights to your Customer Data. By using the Service, you grant Kosmatic a limited license to:

6.3 Feedback

Any feedback, suggestions, or feature requests you provide may be used by Kosmatic without restriction or compensation.

6.4 Open Source

Certain components of the Service may use open-source software. Such software is governed by its respective licenses.


7. Data Protection and Security

7.1 Data Processing

Kosmatic processes Customer Data as a Data Processor under GDPR and similar laws. We will:

7.2 Sub-Processors

We use the following sub-processors. The authoritative, continuously-updated list is at kosmatic.com/sub-processors; the table below is summary and may lag the authoritative list by up to 30 days.

| Sub-Processor | Purpose | Location | |---------------|---------|----------| | Render | Cloud hosting (Node + Python services) | USA | | Render Managed PostgreSQL | Primary database | USA | | Redis (Render-managed or Upstash) | Caching, rate-limiting, ephemeral session state | USA | | Cloudinary | Image hosting + transforms (logos, product imagery, AI-generated assets) | USA / global CDN | | Postmark | Transactional email delivery (verification, login codes, breach notices, billing) | USA | | Stripe | Card / SCA billing path (for non-Shopify-Billing customers) | USA | | Shopify | E-commerce platform, Shopify Billing API, theme app extension hosting | USA / Canada | | Google | OAuth identity, Google Analytics 4 export, Google Workspace sending | USA | | Klaviyo | Email marketing audience sync | USA | | HubSpot | CRM contact / list / deal sync | USA | | Meta (Facebook) | Conversions API, ad audience sync | USA | | Slack | High-intent visitor notifications (per merchant configuration) | USA | | Anthropic | AI model provider (default for Claude-family routing) | USA | | OpenAI | AI model provider (GPT-family routing) | USA | | Google (Gemini) | AI model provider (Gemini-family routing) | USA | | Moonshot AI (Kimi) | AI model provider (Kimi-family routing) | Singapore / global | | Cloudflare | Edge proxy, DDoS mitigation, DNS (when enabled) | Global |

The four AI model providers above are selectable by the Customer. The Customer's selection in Settings → AI Agent determines which provider receives generation requests originated from that Customer's account. Customer may revoke any provider at any time.

We will provide 30 days' notice before adding new sub-processors. You may object within 14 days; if the objection is unresolved, you may terminate affected services pursuant to Section 11.

7.3 Security Measures

We implement industry-standard security measures including:

7.4 Data Breaches

In the event of a data breach affecting your Customer Data:


8. Confidentiality

8.1 Confidential Information

Each party ("Receiving Party") agrees to:

Integration API keys, webhook URLs, and AI Workflow configurations are your Confidential Information. We store them securely and access them only to provide the Service.

8.2 Exceptions

Confidentiality obligations do not apply to information that:

8.3 Duration

Confidentiality obligations survive termination for 5 years.


9. Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

9.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

9.3 Exceptions

The limitations in Section 9.2 do not apply to:


10. Indemnification

10.1 Customer Indemnification

You agree to indemnify, defend, and hold harmless Kosmatic and our officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

10.2 Kosmatic Indemnification

Kosmatic will indemnify you against third-party claims that the Service infringes a valid patent, copyright, or trademark, provided you promptly notify us and cooperate in the defense.


11. Term and Termination

11.1 Term

These Terms commence when you create an Account and continue until terminated.

11.2 Termination by You

You may terminate your Account at any time by:

11.3 Termination by Us

We may suspend or terminate your Account for:

We will provide 30 days' notice for non-material breaches before termination.

11.4 Effect of Termination

Upon termination:

11.5 Data Export

Prior to termination, you may export your data through the dashboard (CSV or JSON format) or via the MCP API. After termination, data retrieval may incur fees.


12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the Province of British Columbia, Canada, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes shall be resolved in the courts of Vancouver, British Columbia.

12.3 Informal Resolution

Before filing any claim, you agree to attempt informal resolution by contacting support@kosmatic.com.

12.4 Class Action Waiver

You agree to resolve disputes on an individual basis. Class actions and representative proceedings are waived to the maximum extent permitted by applicable law (noting that such waivers may be unenforceable in Quebec, the EEA, or other jurisdictions where such waivers are prohibited).

12.5 Limitation Period

Any claim must be filed within 1 year of the event giving rise to the claim, except where a longer period is required by mandatory applicable law.


13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and Data Processing Agreement, constitute the entire agreement between you and Kosmatic regarding the Service.

13.2 Amendments

We may amend these Terms at any time. Material changes require 30 days' notice. Continued use constitutes acceptance.

13.3 Waiver

Our failure to enforce any provision does not constitute a waiver.

13.4 Severability

If any provision is invalid, the remaining provisions remain in effect.

13.5 Assignment

You may not assign these Terms without our written consent. We may assign without restriction.

13.6 Force Majeure

Neither party is liable for failures due to events beyond reasonable control.

13.7 Notices

Notices to Kosmatic: support@kosmatic.com or legal address Notices to you: Email on file or dashboard notification

13.8 Headings

Headings are for convenience only and do not affect interpretation.

13.9 Third-Party Beneficiaries

No third-party beneficiaries except as expressly stated.


14. Specific Terms for Shopify Merchants

14.1 Shopify Partner Program

If you access the Service through Shopify:

14.2 Data Processing

For Shopify merchants, we process End User data as a Data Processor under Shopify's Data Processing Addendum.

14.3 GDPR Webhooks

We support Shopify's mandatory GDPR webhooks:

14.4 Script Tag and Tracking

The Service injects a tracking script into your Shopify storefront via Script Tags. This script:


15. Contact Information

Kosmatic Solutions Inc. Email: support@kosmatic.com Legal: legal@kosmatic.com Address: Vancouver, British Columbia, Canada


BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

END OF TERMS OF SERVICE