Terms & Conditions

Terms of Use

Introduction

These Terms of Use (the "Terms") govern your access to and use of the website located at https://cosmasol.com and any related subdomains, web pages, or online content owned or operated by Cosmasol Inc. (collectively, the "Website"). The Website is owned and operated by Cosmasol Inc., a Delaware corporation with its registered address at 1111B S Governors Ave, STE 42206, Dover, DE 19904, United States ("Cosmasol", "we", "us" or "our").

By accessing, browsing, or otherwise using the Website, you ("you" or "User") acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Website.

Important Notice. The Website is an informational and marketing platform describing the Cosmasol software products and services. Use of the Cosmasol software platform, mobile applications, AI agents, electronic health record (EHR) functionality, customer relationship management (CRM) functionality, or any related services (collectively, the "Platform") is governed by a separate Cosmasol Platform Terms of Service and, where applicable, a Business Associate Agreement (BAA) and an executed Subscription Order Form. Nothing on this Website constitutes a binding offer to provide the Platform.

Eligibility and Acceptance

You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract under the laws of your jurisdiction to use the Website. If you are accessing the Website on behalf of an organization, you represent and warrant that you have the authority to bind such organization to these Terms.

By using the Website, you represent that you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction, including, without limitation, applicable trade sanctions and export-control laws.

We reserve the right, at our sole discretion, to refuse access to the Website to any person at any time, with or without cause.

Definitions

Capitalized terms used but not defined elsewhere have the following meanings:

• "Content" means all text, graphics, images, photographs, videos, audio, software, code, logos, trademarks, service marks, trade dress, data, information, and other materials made available on or through the Website.
• "Submissions" means any communication, feedback, suggestion, idea, demo request, contact form submission, or other content you transmit to Cosmasol via the Website.
• "AI Features" means any artificial-intelligence enabled functionality that may be demonstrated, described, or made available on the Website, including, without limitation, chat agents, voice agents, lead-prediction tools, and demonstration bots.
• "Protected Health Information" or "PHI" has the meaning given to it under the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA").

Permitted Use of the Website

Subject to your continuing compliance with these Terms, Cosmasol grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your own personal or internal business informational purposes.

The Website is provided to enable you to: (i) learn about Cosmasol and its products and services; (ii) request a product demonstration or contact our team; (iii) access publicly available marketing, blog, and resource content; and (iv) interact with any AI demonstration agents that may be made available.

Any use of the Website beyond the scope of the foregoing license is strictly prohibited and will be deemed a material breach of these Terms.

Prohibited Conduct

You agree not to engage in any of the following while using the Website:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website;
• Use any automated means, including robots, spiders, scrapers, or other data-mining or extraction tools, to access, copy, or monitor any portion of the Website or its Content, except for legitimate, publicly permitted search-engine indexing in accordance with our robots.txt file;
• Reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, underlying ideas, algorithms, structure, or organization of the Website or any underlying software, including any AI Features;
• Probe, scan, or test the vulnerability of the Website, or breach any security or authentication measures, or attempt to gain unauthorized access to any portion of the Website, related systems, or any other user's account;
• Submit any Protected Health Information, payment card data, government identification numbers, or other sensitive personal information through public-facing forms, AI demonstration agents, chat widgets, or other Website features that are not expressly designated for such information;
• Use the Website or any AI Features to generate, transmit, or distribute spam, phishing communications, malware, ransomware, or any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content;
• Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or submit false or misleading information through any Website form or AI agent;
• Frame, mirror, or otherwise incorporate any portion of the Website into any other website or service without our prior written permission;
• Use the Website to develop, train, test, or benchmark any competing artificial-intelligence model, machine-learning system, or competing product or service;
• Engage in any conduct that violates any applicable federal, state, local, or international law or regulation, including, without limitation, U.S. healthcare laws (such as HIPAA, the HITECH Act, and applicable state privacy laws), telemarketing laws (including the Telephone Consumer Protection Act), data-protection laws, and intellectual-property laws.

Demo Requests and User Submissions

The Website may permit you to request a product demonstration, sign up for newsletters, contact our sales team, or otherwise transmit information to Cosmasol. You agree to provide accurate, current, and complete information in any Submission.

No account is required to browse the public-facing Website. Where credentials are issued by Cosmasol for any restricted Website area (for example, a partner or customer portal), your use of those credentials is governed by the applicable Platform Terms of Service.

License to Submissions. By transmitting a Submission to Cosmasol, you grant Cosmasol a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit such Submission for any lawful business purpose, including improving our products and services, subject to the confidentiality and privacy commitments set out in our Privacy Policy. You represent and warrant that you own or otherwise control all rights necessary to grant this license, and that the Submission does not include any PHI, payment-card data, or other regulated personal information unless expressly invited.

AI Features and Demonstration Agents

The Website may include AI-powered chat, voice, or assistant features intended to demonstrate the capabilities of the Cosmasol Platform (including, without limitation, the "Cia" AI assistant) and to answer general questions about Cosmasol's products and services.

Informational Purpose Only. Outputs generated by AI Features are provided for informational and demonstration purposes only. They do not constitute medical, clinical, legal, regulatory, financial, or professional advice and must not be relied upon for any clinical, diagnostic, or treatment decision. Cosmasol is not a healthcare provider and does not practice medicine.

No Patient Use. AI Features on the Website are not intended for use by patients seeking medical care, and are not a substitute for consultation with a licensed healthcare provider. If you are experiencing a medical emergency, dial your local emergency number immediately.

Accuracy. AI-generated outputs may be inaccurate, incomplete, outdated, biased, or otherwise unsuitable. You are solely responsible for evaluating the accuracy and appropriateness of any AI output and for any decisions made based on it. We make no warranty as to the accuracy or fitness for any particular purpose of any AI output.

Inputs. You must not submit any PHI, payment card information, login credentials, government identifiers, or sensitive personal data to any AI Feature on the Website. Cosmasol is not acting as a HIPAA Business Associate with respect to AI demonstrations on the public Website. Inputs you submit to AI Features may be logged, stored, and analyzed by us and our service providers in accordance with our Privacy Policy.

Voice and Recording Notice. Where the Website offers voice-based AI demonstrations, your call or audio interaction may be recorded, transcribed, and stored. By initiating such an interaction, you consent to such recording, transcription, and processing. If you do not wish to be recorded, do not initiate the interaction.

Intellectual Property

Ownership. The Website and all Content, including all software, design elements, text, graphics, logos, icons, images, audio clips, video clips, data compilations, and the selection, arrangement, and 'look and feel' of the Website, are owned by Cosmasol or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual-property laws.

Trademarks. "Cosmasol", "Cia", the Cosmasol logo, and other Cosmasol product and service names are trademarks of Cosmasol Inc. You may not use any Cosmasol trademark without our prior written consent. All other trademarks are the property of their respective owners.

Restrictions. Except as expressly authorized in these Terms, you may not copy, reproduce, distribute, publish, transmit, display, perform, modify, create derivative works from, sell, or exploit any portion of the Content without our prior written consent. You may print or download a reasonable number of pages of the Website solely for your own personal, non-commercial reference, provided you retain all copyright and other proprietary notices.

Feedback. If you provide any feedback, comments, suggestions, or improvements regarding the Website or any Cosmasol product or service ("Feedback"), you hereby assign to Cosmasol all right, title, and interest in such Feedback and acknowledge that Cosmasol is free to use such Feedback without restriction or compensation to you.

Third-Party Links, Integrations, and Content

The Website may contain links to third-party websites, services, or resources, including social-media platforms, video-hosting services (such as YouTube), and integration partners. Such links are provided for convenience only and do not constitute an endorsement by Cosmasol.

We do not control, and are not responsible for, the availability, content, accuracy, security, or practices of any third-party website or service. Your access to and use of any third-party website or service is at your own risk and is governed by the terms and privacy policies of that third party.

Cosmasol disclaims all liability arising from your access to or use of any third-party website, service, or resource.

Privacy and Cookies

Your use of the Website is also governed by our Privacy Policy, available at https://cosmasol.com/privacypolicy, which describes how we collect, use, disclose, and safeguard personal information collected through the Website, including through cookies, tracking technologies, web analytics tools, and AI demonstration features. By using the Website, you acknowledge that you have read and understood our Privacy Policy.

No Medical Advice; No Professional-Patient Relationship

Cosmasol is a software-as-a-service technology provider. We do not provide medical, clinical, diagnostic, surgical, cosmetic, dental, pharmaceutical, or other healthcare services.

No Content on the Website, including testimonials, case studies, blog posts, AI Feature outputs, or marketing materials, is intended to constitute or substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified, licensed healthcare professional with any questions you may have regarding a medical condition or treatment.

Testimonials and case studies appearing on the Website reflect the individual experiences of the persons quoted and are not necessarily representative of all users' experiences. Results vary.

Disclaimers

"AS IS". THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSMASOL DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

No Guarantee. COSMASOL DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT, INCLUDING AI OUTPUTS, WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

Jurisdictional Variations. Some jurisdictions do not allow the exclusion of certain warranties or limitations on implied warranties; in such jurisdictions, the foregoing exclusions apply only to the maximum extent permitted by law.

Limitation of Liability

Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COSMASOL OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT, EVEN IF COSMASOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND COSMASOL AND THAT THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Indemnification

You agree to defend, indemnify, and hold harmless Cosmasol and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your access to or use of the Website; (ii) your violation of these Terms; (iii) your violation of any applicable law or regulation, including HIPAA, the TCPA, or any other healthcare, privacy, or telemarketing law; (iv) your violation of any third-party right, including any intellectual-property or privacy right; or (v) any Submission you transmit to Cosmasol.

Modifications to the Website and Terms

Cosmasol reserves the right to modify, suspend, or discontinue the Website (or any part of it), or any Content, at any time and without notice.

We may revise these Terms at any time by posting a revised version on the Website. The revised Terms become effective on the "Last Updated" date. Your continued use of the Website after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website.

Governing Law and Dispute Resolution

Governing Law. These Terms and any dispute arising out of or related to them or the Website are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Venue. Subject to Section 15.3, the state and federal courts located in New Castle County, Delaware, will have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Website, and you irrevocably submit to the personal jurisdiction of such courts.

Informal Resolution. Before filing any claim, you agree to first attempt to resolve the dispute informally by contacting Cosmasol at hello@cosmasol.com. If the dispute is not resolved within thirty (30) days of such notice, either party may proceed under Section 15.2.

No Class Actions. To the fullest extent permitted by law, you and Cosmasol agree that any dispute will be resolved on an individual basis only, and not as a class, consolidated, or representative action.

General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any agreements expressly incorporated by reference, constitute the entire agreement between you and Cosmasol with respect to the Website and supersede all prior or contemporaneous understandings.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

No Waiver. Cosmasol's failure to enforce any provision of these Terms is not a waiver of its right to enforce such provision later.

Assignment. You may not assign or transfer these Terms or any rights granted hereunder, by operation of law or otherwise, without Cosmasol's prior written consent. Cosmasol may assign these Terms freely. Any attempted assignment in violation of this Section is void.

Force Majeure. Cosmasol will not be liable for any delay or failure in performance resulting from causes outside its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, government action, internet or telecommunications failures, cyberattacks, or epidemics.

Headings. Headings are for convenience only and do not affect the interpretation of these Terms.

No Agency. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Cosmasol.

Notices. All legal notices to Cosmasol must be sent in writing to the address set out in Section 18. Cosmasol may provide notices to you by posting on the Website or by email to any address you have provided.

Export Compliance. You may not access or use the Website if you are located in any jurisdiction subject to a U.S. embargo, or if you are listed on any U.S. government list of restricted parties.

U.S. Government End Users. The Website and any underlying software are "commercial items" as defined in 48 C.F.R. §2.101 and are licensed to U.S. government end users solely with the rights set out in these Terms.

Contact Information

Questions or notices regarding these Terms should be directed to: