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Cosmic Business Terms & Conditions

If you are establishing an account or using the Service (or any portion thereof) on behalf of a company, entity or organization (a “Business”), then the following Cosmic Business Terms and Conditions (the “Business Terms”) shall (together with the Terms of Service (the “General Terms”) govern the relationship between Cosmic and the Business. Any undefined capitalized terms used herein shall have the meaning ascribed to such terms in the General Terms.

Cosmic Business Account

A Business employee, consultant, advisor, or agent will be prompted to identify themselves as a “Business User” by selecting the appropriate business account option when prompted during the checkout process. It is the responsibility of you, the Business, to notify Cosmic promptly by e-mail at business-accounts@cosmicgo.co to add or remove a Business User from the Business Account, and Cosmic may take up to 72 hours to process any Business Account requests.

Marketing and Promotion

Your Business may promote the Cosmic service as mutually agreed by the parties, including but not limited to an email distribution welcoming employees to join Cosmic, inclusion in your Business’ publications and employee benefits collateral, link to Cosmic’s web site on your website, and promotions. Your Business may also create co-branded marketing materials upon mutual written agreement of the parties, subject to your Business’ compliance with Cosmic’s co-branding guidelines and Cosmic’s review and approval.

Publicity; Use of Names/Trademarks

Cosmic may release a press release announcing the parties’ relationship hereunder with the prior consent of your Business, which shall not be unreasonably withheld. Unless otherwise expressly permitted in these Terms, neither Cosmic nor your Business should use the others’ name, logos, trademarks, or service marks in any manner without the other’s prior written approval. You hereby give Cosmic the right to use your Business’ name, logos, trademarks, and service marks (i) to create marketing and advertising materials for your Business to use to promote Cosmic to potential Business Users, and (ii) on Cosmic’s customer list which may be displayed on Cosmic’s website and in other publications. You agree to use reasonable best efforts to notify Cosmic at least ten (10) business days in advance of a written article, television story, or other third party publication being released in which your Business has discussed or plans to discuss its car sharing program and/or Cosmic.

Relationship of the Parties

The relationship of Cosmic and your Business is solely that of independent contractors. Neither you nor Cosmic will have any authority to contract with third parties on behalf of the other or to expressly or implicitly represent that it has any such authority to any person.

Payment Terms

You hereby agree that all fees payable to Cosmic by your Business may be charged by Cosmic to the Business Account(s) on file with Cosmic upon such fees becoming due. Unless otherwise stated in writing between your Business and Cosmic, any fees due hereunder shall be paid within (15) days from the date of Cosmic’s notice/invoice. If your Business fails to make payment within this period, interest will accrue on all amounts due from the original due date to the date paid, at a rate of 1.5% per month, pro-rated for the number of days, assuming a thirty (30) day month. Any related fees incurred by a Business User, including but not limited to, tolls, driving charges, fines, costs, damage fees, or other amounts, will be billed to your Business Account in the period during which they are processed by Cosmic and/or one of our third-party service providers.

Insurance

During the term of your Business’ use of Cosmic, Cosmic will maintain Cosmic Insurance, as referenced in the Terms of Service. Your Business is liable for all actions of your Business Users including, but not limited to negligence. Notwithstanding the Fee and Commission Schedule, the damage fee, as described therein, for Business Users shall be $2,500 and will be charged to the Business Account in the applicable period.

Order of Precedence

In the event of a conflict between these Business Terms and the General Terms, these Business Terms shall control with respect to an applicable Business’ (or any Business Users’) use of the Services.

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One Last Step!

Please read and sign the Mutual Non Disclosure Agreement below. At Cosmic we take privacy very seriously and want to make sure we can freely share information with you.

This Agreement is made and entered into as of the last date signed below (the “Effective Date”) by and between Cosmic GO, LLC, a US corporation having its principal place of business in Delaware ("Company") and the party listed below(the "Second Party"). WHEREAS Company and the Second Party (the “Parties”) have an interest in participating in discussions wherein either Party might share information with the other that the disclosing Party considers to be proprietary and confidential to itself (“Confidential Information”); and WHEREAS the Parties agree that Confidential Information of a Party might include, but not be limited to that Party’s: (1) business plans, methods, and practices; (2) personnel, customers, and suppliers; (3) inventions, processes, methods, products, patent applications, and other proprietary rights; or (4) specifications, drawings, sketches, models, samples, tools, computer programs, technical information, or other related information; NOW, THEREFORE, the Parties agree as follows: 1. Either Party may disclose Confidential Information to the other Party in confidence provided that the disclosing Party identifies such information as proprietary and confidential either by marking it, in the case of written materials, or, in the case of information that is disclosed orally or written materials that are not marked, by notifying the other Party of the proprietary and confidential nature of the information, such notification to be done orally, by e-mail or written correspondence, or via other means of communication as might be appropriate. 2. When informed of the proprietary and confidential nature of Confidential Information that has been disclosed by the other Party, the receiving Party (“Recipient”) shall, for a period of three (3) years from the date of disclosure, refrain from disclosing such Confidential Information to any contractor or other third party without prior, written approval from the disclosing Party and shall protect such Confidential Information from inadvertent disclosure to a third party using the same care and diligence that the Recipient uses to protect its own proprietary and confidential information, but in no case less than reasonable care. The Recipient shall ensure that each of its employees, officers, directors, or agents who has access to Confidential Information disclosed under this Agreement is informed of its proprietary and confidential nature and is required to abide by the terms of this Agreement. The Recipient of Confidential Information disclosed under this Agreement shall promptly notify the disclosing Party of any disclosure of such Confidential Information in violation of this Agreement or of any subpoena or other legal process requiring production or disclosure of said Confidential Information. 3. All Confidential Information disclosed under this Agreement shall be and remain the property of the disclosing Party and nothing contained in this Agreement shall be construed as granting or conferring any rights to such Confidential Information on the other Party. The Recipient shall honor any request from the disclosing Party to promptly return or destroy all copies of Confidential Information disclosed under this Agreement and all notes related to such Confidential Information. The Parties agree that the disclosing Party will suffer irreparable injury if its Confidential Information is made public, released to a third party, or otherwise disclosed in breach of this Agreement and that the disclosing Party shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach and, in the event of such breach, an award of actual and exemplary damages from any court of competent jurisdiction. 4. The terms of this Agreement shall not be construed to limit either Party’s right to develop independently or acquire products without use of the other Party’s Confidential Information. The disclosing party acknowledges that the Recipient may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the Confidential Information. Nothing in this CONFIDENTIAL Non-Disclosure Agreement Agreement will prohibit the Recipient from developing or having developed for it products, concepts, systems or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in the Confidential Information provided that the Recipient does not violate any of its obligations under this Agreement in connection with such development. 5. Notwithstanding the above, the Parties agree that information shall not be deemed Confidential Information and the Recipient shall have no obligation to hold in confidence such information, where such information: (a) Is already known to the Recipient, having been disclosed to the Recipient by a third party without such third party having an obligation of confidentiality to the disclosing Party; or (b) Is or becomes publicly known through no wrongful act of the Recipient, its employees, officers, directors, or agents; or (c) Is independently developed by the Recipient without reference to any Confidential Information disclosed hereunder; or (d) Is approved for release (and only to the extent so approved) by the disclosing Party; or (e) Is disclosed pursuant to the lawful requirement of a court or governmental agency or where required by operation of law. 6. Nothing in this Agreement shall be construed to constitute an agency, partnership, joint venture, or other similar relationship between the Parties. 7. Neither Party will, without prior approval of the other Party, make any public announcement of or otherwise disclose the existence or the terms of this Agreement. 8. This Agreement contains the entire agreement between the Parties and in no way creates an obligation for either Party to disclose information to the other Party or to enter into any other agreement. 9. This Agreement shall remain in effect for a period of three (3) years from the Effective Date unless otherwise terminated by either Party giving notice to the other of its desire to terminate this Agreement. The requirement to protect Confidential Information disclosed under this Agreement shall survive termination of this Agreement.

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