Vehicles IoT Sensors and Hardware
If you are using the Service as an Owner and your vehicle requires the installation of Cosmic hardware in order for Cosmic to provide you with our Services, the following Connect™ Terms and Conditions (the “Connect Terms”) shall, together with the Terms of Service (the “General Terms”), apply to your use of the Services. Any undefined capitalized terms used herein shall have the meaning ascribed to such terms in the General Terms. If you do not agree with any part of these terms and conditions, you should not participate as a Cosmic Owner. Cosmic reserves the right to modify the terms and conditions at any time. By allowing Cosmic Hardware to be installed on your vehicles and continuing your participation as a Cosmic Owner, you are accepting these, and any revisions to these, terms and conditions.
About the Cosmic Hardware
Cosmic Hardware is a range of sensors, smart locks and IoT devices that can be installed in/on your vehicles to help us provide the Service. Devices are the property of the purchaser and may be provided by us for each vehicle you enroll in the Service. Cosmic retains all right, title, and interest in and to the Cosmic device and firmware. You may not reverse engineer, disassemble, decompile, alter, duplicate, translate, make copies, or create derivative works from the device or firmware, or otherwise attempt to derive the source code of the firmware. If applicable law permits such activities, any information discovered as a result of these activities must be promptly disclosed to Cosmic and is the confidential and proprietary information of Cosmic.
You acknowledge and agree that in order for you to use the Service as an Owner, a Cosmic device must be installed and remain installed for the duration of your use of the Service. If the Cosmic device is uninstalled, including by a third party authorized by Cosmic, you must immediately inform Cosmic. If an unauthorized person, including but not limited to an unauthorized mechanic, removes, changes the wiring, or uninstalls the Connect resulting in the need to re-install the device, you acknowledge and agree that there will be an additional re-installation fee that will be charged to your account, and that any charges for the work performed by the unauthorized person will not be reimbursed by Cosmic.
If you are an Owner and a Cosmic device has been installed in your vehicle, you must contact Cosmic immediately upon experiencing any issues with starting or using your vehicle. Failure to contact Cosmic immediately in such situations, before bringing your vehicle to a third party such as a dealer or mechanic, will render such third party an unauthorized person whose diagnostic or repair work will not be reimbursed by Cosmic.
Prior to installation, Owner must disclose any third party devices installed in their vehicle and acknowledge that Cosmic takes no responsibility for any liability arising out of the use or installation of third party devices in their vehicle. Cosmic will not be responsible for any customer service needs regarding the use or installation of such third party devices.
You hereby acknowledge and accept that you will be charged a one-time fee and a monthly subscription fee in accordance with the Fee and Commission Schedule for your hardware or vehicle.
Subject to the terms and conditions set forth herein, you are hereby granted a limited right and license to use the Connect services (“Connect Services”) for use in connection with the Service. You may not use the Cosmic Services for any unlawful purposes or in connection with the placement of your vehicle on any other vehicle-sharing services.
Fee and Removal
When you use the Service, you must have a valid credit card associated with your Cosmic Account at all times.
You must notify us immediately if and when: (i) you remove your vehicle from the Service, and (ii) when you sell or otherwise transfer ownership of your vehicle to a third party; provided, that, in each case, you acknowledge and agree that, it is your responsibility to have the Connect device removed by an authorized party and promptly returned to Cosmic. Owner will continue being charged the full monthly Subscription Fee at the beginning of each calendar month if the Connect is not returned within fifteen (15) days of your vehicle being delisted.
If ownership of a vehicle installed with a Cosmic device is transferred to a third party before the removal of such Connect device, you as the Owner will indemnify and hold harmless Cosmic and its subsidiaries, agents, licensors, managers, and other affiliated companies and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from such transfer, including with respect to damage to the applicable vehicle or loss of data.
Disclaimer of Warranties
During your use of the Services, Cosmic warrants that the Connect Device installed in your vehicle will operate substantially in accordance with applicable documentation and be free of material defects. You acknowledge and agree that your sole and exclusive remedy with respect to the foregoing warranty is replacement of the nonconforming or defective Connect devices.
Except as expressly set forth herein, Connect and the Connect Service is provided on an “as is” and “as available” basis. Use of the Cosmic Device and the Cosmic Service is at your own risk. To the maximum extent permitted by applicable law, the Cosmic Device and Cosmic Service is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Without limiting the foregoing, Cosmic, its subsidiaries, its affiliates, and its licensors do not warrant that: (i) the Cosmic Device and Cosmic Service is accurate, reliable, or correct; (ii) that the Cosmic Device and Cosmic Service will meet your requirements; (iii) that the Cosmic Service will be available at any particular time or location, uninterrupted, or secure; (iv) that any defects or errors will be corrected; or (v) that the Connect or Connect Service is free of viruses or other harmful components.
You acknowledge that Connect relies on location information, such as GPS and cellular connectivity. Cellular connectivity and satellite signals are dependent on a number of factors not within Cosmic’s control including weather, topographical changes, changes to and support of network cellular technologies, the functionality of various satellites, cell towers, clouds, and other factors. You expressly waive any and all claims or damages against Cosmic that result from Connect not working, malfunctioning, failing, or otherwise not fulfilling its intended purpose.
Although Cosmic Device and Cosmic Service have Enhanced Security features, Cosmic makes no representations, warranties or guarantees that Connect or such Enhanced Security features will prevent theft to or damage of your vehicle. Cosmic will use commercially reasonable efforts to retrieve the Owner’s vehicle to the extent that a security incident occurs during a Cosmic trip. Cosmic’s insurance policy does not cover theft to or damage of your vehicle that occurs outside of an active Cosmic trip or unless otherwise authorized by your insurance policy and coverage. Only your own personal insurance policy can cover such incidents, and you are solely responsible for purchasing and maintaining such coverage. You expressly waive any and all claims or damages against Cosmic that may result from security incidents occurring outside an active Cosmic trip.
Data collected from a Connect device may be useful in determining the cause of an accident. If you’re in an accident, you may have a legal obligation to preserve the information on the device. This information may be sought by opposing parties in a civil lawsuit or by police when investigating the cause of an accident, or we may be legally obligated to provide such information in response to a subpoena or as otherwise required by law.
In connection with your use of the Cosmic Device and Cosmic Service, you may have access to certain riding information or data about your vehicle and its location. You may not use such information or data for any unlawful purpose or otherwise in connection with any third party vehicle-sharing or rental service. You expressly agree to indemnify and hold Cosmic harmless from any and all claims or damages that result from your use of such information or data.
Owner agrees not to use Connect for any unlawful or abusive purpose or in any way that interferes with Cosmic Device and Cosmic Service. Customer will comply with all laws while using Connect and will not transmit any communication that would violate any federal, state, or local law, court, or regulation. You may not resell the Connect Services or Connect device. By using the Services and/or the Devices, you agree to abide by the terms and conditions of any software license agreements applicable to any software associated with the Connect device or Connect Services.
Order of Precedence
In the event of a conflict between these Cosmic Device and Cosmic Service Terms and the General Terms, these Cosmic Device and Cosmic Service shall control with respect to the use of the Services.