Terms of Service
Effective Date: March 4, 2026
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 (the "Service").
By accessing or using the Service, you agree to be bound by these Terms.
1. Definitions
| Term | Definition |
|---|---|
| "Account" | Your registered account with Kosmatic |
| "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 |
| "Service" | The Kosmatic platform, APIs, documentation, and related services |
2. Account Registration and Security
To use the Service, you must be at least 18 years old, have the legal capacity to enter into binding contracts, register a valid business entity, and provide accurate registration information. You are responsible for maintaining the confidentiality of your account credentials and all activities under your account.
3. Service Description
Kosmatic provides AI-powered customer lifetime value (CLV) prediction and behavioral analytics for e-commerce merchants. The Service includes real-time behavioral signal collection, AI-powered archetype classification, CLV prediction, automated playbook recommendations, marketing platform integrations, and analytics dashboard.
Uptime SLA: We strive to maintain 99.9% uptime, measured monthly. Scheduled maintenance: 24-hour notice (max 4 hours/month). If uptime falls below 99.9%, contact support for service credit.
4. Customer Obligations
You agree to use the Service only for lawful purposes. As a Customer collecting End User data, you are the Data Controller and must provide a privacy policy, obtain appropriate consent, comply with GDPR/CCPA/PIPEDA, and honor data subject requests.
Prohibited Data: You may not submit credit card numbers, social security numbers, health information (unless authorized), biometric data, or GDPR "special category" data.
5. Fees and Payment
Fees are billed monthly in advance in USD. Current pricing is available at your plan selection page. Annual plans receive 2 months free (17% discount). Free trials automatically convert to paid plans unless cancelled; we email reminders 3 days and 1 day before trial end.
6. Intellectual Property
All Intellectual Property in the Service is owned by Kosmatic or our licensors. You retain all rights to your Customer Data. You grant Kosmatic a limited license to process your data to provide the Service, aggregate and anonymize data for analytics, and improve AI models.
7. Data Protection and Security
Kosmatic processes Customer Data as a Data Processor under GDPR. We implement AES-256 encryption at rest, TLS 1.3 in transit, role-based access controls, MFA, and regular security audits. In the event of a data breach, we notify you within 24 hours.
8. Confidentiality
Each party agrees to keep the other's Confidential Information confidential, use it only for the purposes of these Terms, and protect it with reasonable care. Confidentiality obligations survive termination for 5 years.
9. Limitation of Liability
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES. Our total liability shall not exceed the amounts paid by you in the 12 months prior to the claim. We shall not be liable for indirect, incidental, special, consequential, or punitive damages. Exceptions apply for fraud, gross negligence, and death or personal injury.
9.1 AI Disclaimers
CLV predictions and archetype classifications are probabilistic estimates, not guarantees. Individual predictions may be inaccurate. Service outputs are for informational purposes only and do not constitute professional advice. You are solely responsible for decisions made based on Service outputs. We recommend human review of automated decisions for significant marketing or customer treatment decisions.
10. Term and Termination
You may terminate your Account at any time through the dashboard or by emailing support@kosmatic.com. Upon termination, your access ceases immediately, outstanding Fees become due, and we delete your Customer Data within 90 days.
11. Dispute Resolution
These Terms are governed by the laws of British Columbia, Canada. Disputes shall be resolved in the courts of Vancouver, BC. Before filing any claim, you agree to attempt informal resolution. Class action waivers apply to the maximum extent permitted by law.
12. Shopify-Specific Terms
If you access the Service through Shopify, you must comply with Shopify's Terms of Service. We support Shopify's mandatory GDPR webhooks: customers/data_request, customers/redact, and shop/redact.
13. Contact Information
Kosmatic Solutions Inc.
Email: support@kosmatic.com
Legal: legal@kosmatic.com
Address: Vancouver, British Columbia, Canada