This is an agreement (“Agreement”) between you, the “Customer,” and COSMO Technologies, Inc. (hereinafter identified as “COSMO”,” “we” or “us”) for cellular telecommunications service (“Service”). This Agreement is binding when Service is activated to your specific telephone number(s) (each, a “Number”). The term “Unit” means the cellular receiving and transmitting equipment that is programmed with the Number
By using COSMO services, you accept all terms of this agreement as outline and specific to the details of the contract service plan to which you agreed to at point of purchase. This agreement requires the use of Arbitration on an individual basis for all dispute resolution, rather than jury trials or class actions. Remedies are limited in the event of a dispute.
1) CONTRACT TERM & TERMINATION
15-Day Money Back Guarantee / Trial Period: All COSMO Mobile Membership service plans (Service Plans) come with a 15 Day Money Back Guarantee/Trial Period. In order to receive a full refund on your COSMO Mobile Service Plan, you must contact COSMO Customer Service within 15 calendar days of initial activation/purchase of a COSMO Mobile Membership service plan. One-time activation fees are non-refundable. For Service Plans purchased at the same time as a device via a special offer, your 15 day Trial Period is honored from the day of device delivery. COSMO will honor refund requests on any support interactions that extend beyond the 15 calendar day Trial Period as long as the customer first contacts COSMO Support within the 15 day period as described. Any refund requests beyond this 15 day period will be subject to the standard contract terms as outlined in this Agreement. Please note that returning your COSMO device to COSMO/Amazon/Walmart
does not automatically cancel your account. You must contact COSMO Support and request cancellation of your COSMO Membership plan via
this page or by email or phone (support@cosmotogether.com / 877-215-4741)
- Device Returns: Customers have 30 days from the point of device purchase to request a full refund on the watch hardware. See Section 2 below for details.
- Renewal: Customers may contact COSMO Support to change their plans or cancel prior to the end of their Membership contract (as described below). You will be charged until you cancel/for your full contract including for the current month in which you cancel; You will be charged the current month of service unless you contact COSMO Support to cancel prior to your renewal charge date.
Monthly Plans - No Contract & Minimum Term: By selecting a Monthly COSMO Mobile service plan you have agreed to the provided terms at the point of purchasing/activating your plan. If you selected a Monthly COSMO Mobile Membership service plan contract, the following applies: For no contact plans, you will be charged monthly at the agreed rate at checkout, plus a one-time $9.99 activation fee, with no minimum term until you cancel your plan (see NOTE below for customers who activated Monthly plans prior to 10/25/23). For Monthly plans with minimum terms (either 6 Month Minimum or 3 Month Minimum), the initial term of your service contract will be for six (6) or three (3) months as noted in your agreed checkout terms unless you contact COSMO within the 15 day money back window. You will be charged the monthly rate as agreed to at checkout based on the date of activation, + a one-time activation fee of $9.99 at sign-up. After the initial term, your service will automatically continue month-to-month for the agreed rate and you may cancel your plan at any time. If, at the end of your contract term or any subsequent monthly period, you would like to make changes to or cancel your plan for no charge, you must contact COSMO prior to your rebill date; to contact Support, email support@cosmotogether.com or
click here. If your line of service is in the initial contract term and outside of the 15-Day Trial Period and you terminate this Agreement without legal excuse (e.g. COSMO is in default or breach of the Agreement, or COSMO failed to provide service), you agree to pay us an early termination fee. The early termination fee is not a penalty, but rather a reasonable charge to compensate us for your failure to fulfill the terms of the Agreement. The early termination fee for your COSMO device shall be as follows: If you are on a Monthly Plan contract term, then your early termination fee will be the pro-rated cost of the remaining contract, including the month of cancellation. Your full payment of the termination fee shall be our sole and exclusive remedy for the early termination of this Agreement.
> NOTE: Any Monthly COSMO Mobile Membership plan purchased prior to 10/25/23 is subject to a 6 month minimum term.
6 Month Plan (Prepaid) Contract: If you selected a 6 Month Plan (Prepaid) COSMO Mobile Membership service contract, the following applies: The initial term of your service contract will be for six (6) Months at a prepaid rate of $14.99/month or $89.94 total prepaid + one-time activation fee of $9.99 at sign-up. This payment shall cover your COSMO service with unlimited talk, text, and data + included device insurance for the full noted contact period and may not be refunded beyond the initial 15 day Trial Period. After the initial six (6) month term, your service will automatically continue and you will be re-billed the original 6 month contract rate of $89.94. If, at the end of your contract, you would like to make changes to or cancel your plan for no charge, you must contact COSMO prior to your renewal date; to contact Support, email support@cosmotogether.com or
click here. COSMO cannot provide refunds for the current month of service once a plan has renewed. If your line of service is in the initial contract term and you terminate this Agreement without legal excuse (e.g. COSMO is in default or breach of the Agreement, or COSMO failed to provide service) outside of the COSMO 15 Day Trial Period, you will be non-eligible for a refund on your contracted plan or device.
1 Year Plan (Prepaid) Contract: If you selected a 1 Year Plan (Prepaid) COSMO Mobile Membership service contract, the following applies: The initial term of your service contract will be for twelve (12) Months at a prepaid rate of $12.99/month or $155.88 total prepaid + one-time activation fee of $9.99 at sign-up. This payment shall cover your COSMO service with unlimited talk, text, and data + included device insurance for the full noted contact period and may not be refunded beyond the initial 15 day Trial Period. After the initial twelve (12) month term, your service will automatically continue and you will be re-billed the original 1 Year contract rate of $155.88. If, at the end of your contract, you would like to make changes to or cancel your plan for no charge, you must contact COSMO prior to your renewal date; to contact Support, email support@cosmotogether.com or
click here. COSMO cannot provide refunds for the current month of service once a plan has renewed. If your line of service is in the initial contract term and you terminate this Agreement without legal excuse (e.g. COSMO is in default or breach of the Agreement, or COSMO failed to provide service) outside of the COSMO 15 Day Trial Period, you will be non-eligible for a refund on your contracted plan or device.
2 Year Plan (Prepaid) Contract: If you selected a 2 Year Plan (Prepaid) COSMO Mobile Membership service contract, the following applies: The initial term of your service contract will be for twenty-four (24) Months at a prepaid rate of $9.99/month or $239.76 total prepaid + one-time activation fee of $9.99 at sign-up. This payment shall cover your COSMO service with unlimited talk, text, and data + included device insurance for the full noted contact period and may not be refunded beyond the initial 15 day Trial Period. After the initial twenty-four (24) month term, your service will automatically continue and you will be re-billed the original 2 Year contract rate of $239.76. If, at the end of your contract, you would like to make changes to or cancel your plan for no charge, you must contact COSMO prior to your renewal date; to contact Support, email support@cosmotogether.com or
click here. COSMO cannot provide refunds for the current month of service once a plan has renewed. If your line of service is in the initial contract term and you terminate this Agreement without legal excuse (e.g. COSMO is in default or breach of the Agreement, or COSMO failed to provide service) outside of the COSMO 15 Day Trial Period, you will be non-eligible for a refund on your contracted plan or device.
Special Offer 1 or 2 Year Plan (Monthly) Contract (with free or discounted device offer): If you purchase an incentive 1 or 2 Year COSMO Mobile Membership service contract as offered with a free or discounted device offer, the following applies: The initial term of your service contract will be for twelve (12) or twenty-four (24) Months charged at the agreed rate at point of purchase + one-time activation fee at sign-up. This payment contract shall cover your COSMO service with unlimited talk, text, and data for the full noted contact period. You will be charged the agreed rate on a monthly based on the date of purchase. After the noted term, your service will automatically continue month-to-month for the agreed rate and you may cancel your plan at any time by contacting Support at support@cosmotogether.com or
this page. If your line of service is in the initial contract term and outside of the 15-Day Trial Period and you terminate this Agreement without legal excuse (e.g. COSMO is in default or breach of the Agreement, or COSMO failed to provide service), you agree to pay us an early termination fee. The early termination fee is not a penalty, but rather a reasonable charge to compensate us for your failure to fulfill the terms of the Agreement. The early termination fee for your COSMO device shall be as follows: If you are on a Monthly Plan contract term, then your early termination fee will be the pro-rated cost of the remaining contract, including the month of cancellation. Your full payment of the termination fee shall be our sole and exclusive remedy for the early termination of this Agreement.and may not be cancelled or refunded beyond the initial 15 day Trial Period.
If we fail to perform any of our obligations, you may terminate this Agreement upon written notice. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement or any terms and conditions of your rate plan, or if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if we discover that you are under the age of eighteen (18), or if you fail to make all required payments when due, or if we have reasonable cause to believe that your Equipment is being used for an unlawful purpose or in a way that may adversely affect our service, or if you provided inaccurate credit information or we believe your credit has deteriorated and you refuse to pay any requested advance payment or deposit. Any violation of this stipulation will result in the cancellation of the plan. All COSMO phones are exclusively sold on the COSMO Technologies COSMO Mobile network service.
You remain responsible for payment of all charges incurred under this Agreement through the date of termination. If you fail to perform your obligations you will reimburse us for all expenses, including attorney fees incurred in the enforcement of this Agreement, and we may keep any charges prepaid by you. These remedies are not exclusive and are in addition to all remedies provided by law. Any failure by us to strictly enforce this Agreement will not waive our right to require compliance with this Agreement.
For any “Free” products (including holiday specials) not purchased with a one or two year monthly service contract, you agree to pay the full retail price for any free product if the Service is canceled within a six (6) month period after receiving the device, unless the product is returned in a new standard. The new standard is evaluated by the COSMO Technologies returns team (please see the returns and sales section below for more details). Any activation fee paid is non-refundable.
2. RETURNS, WARRANTY, & DEVICE INSURANCEFor all COSMO devices, the following terms shall apply:
Refunds & Returns: This section outlines COSMO's standard returns and refund policy for 1) COSMO watch devices, and 2) COSMO Mobile Service Plans. Please read carefully for details:
- Device Returns or Refunds: COSMO watches purchased from the COSOM website are fully refundable for 30 days after the point of purchase.
For a device return or refund, please contact COSMO by clicking here and follow procedures as outlined
. For devices purchased via Amazon or Walmart, customers must follow Amazon or Walmart standard return policies.
- COSMO Mobile Service Plan Refunds: COSMO offers a 15-Day Money Back Guarantee from the point of Service Plan activation (see section 1 above). 100% Satisfaction money back guarantee is void after 15 days from time of your COSMO Mobile Membership plan activation/purchase OR point of device delivery (if watch & COSMO Membership service plan are purchased at the same time). Please note: One-time activation fees of $9.99 per line are non-refundable.
To ensure a full refund of both your COSMO watch device as well as COSMO Mobile service plan, you must contact Contact COSMO Support within the 15 Day Money Back Guarantee window. if you request a refund within 30 days but beyond 15 days of Service Plan activation, you may still be eligible to return/refund your device but your COSMO Mobile service plan will not be eligible for a refund. Please
click here to contact COSMO Support about returns and refunds, or send us an email at support@cosmotogether.com.
Manufacturer Limited Warranty: All COSMO cellular devices have a one-year Manufacturer Limited Warranty. COSMO warrants that your device is free from defects in materials or workmanship for a period of one (1) year from the date of activating your COSMO Membership plan. If your device is defective during the Warranty Period, COSMO will replace your JrTrack, subject to the conditions below, at no additional charge. COSMO is not responsible to repair or replace any device if you violate this Limited Warranty. This Limited Warranty is non-transferable.
> Limited Warranty Requirements: Have an active Membership with no outstanding balance or any unpaid fees; Have a valid Payment Method on file; Be the original owner of the COSMO Watch, meaning that the JrTrack being replaced was the one originally paired with the Account associated with that device. In the case of a limited warranty replacement, the new device will be subject to the original 1 year term of the original device.
> COSMO's Limited Warranty covers: Defective or non-functioning devices due to original manufacturing. COSMO Customer Service may require proof of non-function or other defect via picture or video in order to validate warranty replacements.
> COSMO Extended Two (2) Year Warranty: If you purchased a COSMO Extended 2 Year Warranty during plan activation, the above limited warranty terms and conditions apply for a term of 24 months from point of purchase.
COSMO Care Device Insurance: All COSMO Mobile Members will have the option of purchasing a COSMO Care Device Insurance plan for each unique line/device for comprehensive coverage on any lost, damaged, stolen, broken, or warranty issues due to normal usage as outline below:
> COSMO Device Insurance Requirements: Have an active Membership with no outstanding balance or any unpaid fees; Have a valid Payment Method on file; Be the original owner of the COSMO Watch, meaning that the JrTrack being replaced was the one originally paired with the Account associated with that device. COSMO Care plans must be purchased at the time of device activation and cannot be purchased retroactively.
> COSMO Care Insurance Term: For COSMO Care Monthly plans, low monthly fee must be paid to continue coverage for one (1) device per COSMO Care plan. For COSMO Care one-time payment plans, plan covers the lifetime of one (1) device as long as the above requirements are met.
> COSMO Device Insurance Coverage: Your COSMO Care plan insurance covers the following: Damage due to water, loss or stolen, general damage such as screen cracks or broken casing, or any warranty defects or issues beyond the standard 1 Year Limited Manufacturer Warranty (see above).
> Replacement Specifications: COSMO Care Device Insurance covers up to one (1) replacement per 12 month period per line/device with active service (12 month period is based on the date of sign up for a COSMO Care plan). Individual Care plans are required for each device/line. For Device Insurance replacements, COSMO may provide a certified renewed / like-new device.
Warranty & Device Insurance Limitations: COSMO's Limited Warranty & COSMO Care Device Insurance do NOT cover: Damage or failure through misuse, improper or negligent use, improper or abnormal use, or any use contrary to instructions provided by COSMO; Damage or failure due to unauthorized commercial use, abuse, neglect, unusual atmospheric conditions; Lack of service, connection, or battery drain due to third-party cellular service/SIM provider malfunction, or coverage limitations from wireless network providers; Any unauthorized modification to the product; Attempted repair by unauthorized persons or with any parts not originally intended for or compatible with the COSMO Watch; Any alteration of the factory model name and/or serial number.
Replacement Procedures:
> Warranty & Insurance Replacement Process: To request a replacement, you must contact COSMO Support at (877) 215-4741, emailing us at support@cosmotogether.com, or via our website COSMO Contact page; COSMO Support may request a photo of your Watch as part of the replacement process. Once approved, COSMO shall send you a replacement COSMO Watch as well as a return shipping label for the return COSMO Watch. COSMO may provide a certified renewed/like-new device for customers related to in-policy Device Insurance replacements.
> Non-Warranty/Insurance Returns: You must post-mark your Device in its original package with all original contents; undamaged, and in good working condition with no material alterations to the Device’s hardware or software. If you do not return your Device or if you return your Device in a damaged or altered condition, we may take one or more of the following actions:
> Elect not to process your service cancellation.
> Charge you the cost to repair a damaged or altered Device; or
> Charge you the suggested retail price of a damaged or altered Device, or, in the case of cancelled service, a non-returned Device, (which may be greater than the price you paid), plus any shipping and handling charges.
> For any “Free” products (including holiday specials) purchased via the COSMO website, the user is agreeing to pay full price for any free product if service is canceled within a 6-month period, unless the product is returned in a new standard. The new standard is evaluated by the COSMO returns team (see the returns and sales section for more details).-
> Refunds and exchanges will be less than any rebates, restocking fees, and shipping costs, if applicable.
3. MODIFYING YOUR ACCOUNTIf you would like to make changes to your Service, please contact a COSMO Technologies Representative. Some changes may be subject to limitations and/or additional charges. We may modify this Agreement, including the Service charges or terms and conditions, upon advance notice at any time by posting the revised Agreement on the website. Any changes to the Terms are effective when we publish the revised Terms of Service. If you use our Services or make any payment to us on or after the effective date of the changes, you accept the changes. You must pay any additional charges from the date of the modification, even though you may have paid for the Service in advance. If we add a new service charge and you are in a one-year service contract or two-year service contract, we will give you the option to waive the new service fee for the duration of your initial term. If you are in a month-to-month service contract and do not agree to modification, you may terminate this agreement by giving us written notice. If we discontinue or you are not eligible for a rate plan, we may change you to a different rate plan upon notice. You may not modify the Agreement.
>> If you would like to upgrade your device and you’re currently on a contract, you may do so without an early termination fee if you’re within 30 days of your contract ending and sign a new contract with that new device.
4. COVERAGE LIMITATIONSService is not always available in all places. There are gaps in coverage within the service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. You accept COSMO Technologies’s service with these limitations.
5. EQUIPMENTA COSMO Device must be utilized on the COSMO Technologies network. Any SIM card provided by COSMO must only be used with a COSMO device. Any violation of this will result in a canceled contract. Your Equipment must be compatible with-and not interfere with-our service, and must comply with all applicable laws, rules, and regulations. We may periodically program your Equipment remotely with system settings for roaming service and other features that cannot be changed manually. Equipment purchased for use on our network may not function on other networks.
6. ADVANCE PAYMENTS AND/OR DEPOSITSWe may require you to make deposits or advance payments for services, which we may offset against any unpaid balance on your account. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Any charges you incur in excess of your limit become immediately due. If you have more than one account with us, you must keep all accounts in good standing to maintain service. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies.
7. BILLING & PAYMENT CHARGESYou are responsible for paying all charges for or resulting from services provided under this Agreement. Charges may include, without limitation: airtime, recurring monthly service, activation (non-refundable), administrative, and late-payment charges; regulatory cost recovery and other surcharges; optional feature charges; toll, collect call and directory assistance charges; restoral and reactivation charges, excessive usage fees; any other charges or calls billed to your phone number; and applicable taxes and governmental fees, whether assessed directly upon you or upon COSMO Technologies. To determine your primary place of use (“PPU”) and which jurisdiction’s taxes and assessments to collect, you are required to provide us with your residential or business street address. You agree we may add our own processing fee for any third-party charges. Any taxes, costs, or charges imposed on us as a result of providing the Service or the Unit will be added to your charges.
>> RCR- Regulatory Cost Recovery Fee is a service charge imposed on COSMO services to recover COSMO’s carrier fees and other fees related to providing wireless services.
Recurring monthly fees and non-recurring Service charges will be billed as soon as possible. Billing cycle end dates may change from time to time. If you have authorized charges to a credit card, no additional notice or consent will be required before billings to that credit card. COSMO Technologies is hereby authorized to charge the provided credit card for any charges or expenses incurred pursuant to this agreement, including monthly service through autopay and late charges. Payments of all charges, including disputed charges, must be received by the due date shown on the invoice. Disputes of charges must be in writing and received no later than the due date to: support@cosmotogether.com. We will make good-faith efforts to resolve disputes promptly, please email us at support@cosmotogether.com. You agree that (1) time is of the essence for all your payments; (2) it would be impractical to fix the amount of our damages if you fail to pay promptly; (3) if you do not pay all charges by the due date, unless prohibited by law, you shall pay us a minimum late fee of Ten Dollars ($10) per month of any balance due, payable for every month such amount remains unpaid; and (4) if your account is sent to a collection agency due to an unpaid balance, unless prohibited by law, you shall be assessed an additional twenty-five ($25) collection fee. Acceptance of late or partial payments (even if marked “Paid in Full”) will not waive our rights thereunder. We will assess a Twenty- Five Dollar ($25) fee for any check returned for insufficient funds or credit/debit card chargeback for a transaction that you had authorized. Any remaining funds in excess of twenty-five Dollars ($25) will be returned to you at your last-known address within ninety (90) days after termination. If the postal service returns the funds to us as undeliverable, they will become our property.
8. SERVICE LIMITATIONS; LIMITATION OF LIABILITYService may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications, and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g. 976, 900 and international destinations) or certain websites in our sole discretion. We may, but do not have the obligation to, refuse to transmit any information through the Service and may screen and delete information prior to delivery of that information to you. There are gaps in service within the service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. Airtime and other service charges apply to all calls, including involuntarily terminated calls. COSMO Technologies MAKES NO WARRANTY- EXPRESS OR IMPLIED -OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL COSMO Technologies BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the service provided by or through us; (c) damage or injury caused by the use of service or Equipment, including use in a vehicle; (d) claim against you by third parties: (e) damage or injury caused by a suspension or termination of service by COSMO Technologies; or (f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE UNIT OR PROVIDER OF THE SERVICE AND ANY STATEMENT REGARDING THEM SHOULD NOT BE INTERPRETED AS A WARRANTY. Notwithstanding the foregoing, if your service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly service fee for the time period your service was unavailable, not to exceed the monthly service fee. Our liability to you for service failures is limited solely to the credit set forth above. Unless applicable law precludes parties from clauses. “COSMO Technologies shall not be liable for any indirect, special, punitive, incidental, or consequential losses or damages you or any third party may suffer by use of, or inability to use, service or Equipment provided by or through COSMO Technologies; including loss of business or goodwill, revenue or profits, or claims of personal injuries. To the full extent allowed by law, you hereby release, indemnify, and hold COSMO Technologies and its officers, directors, employees, and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by COSMO Technologies or any person’s use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF COSMO Technologies, or any violation by you of this Agreement. This obligation shall survive termination of your service with COSMO Technologies. COSMO Technologies is not liable to you for changes in operation, equipment, or technology that cause your Equipment or software to be rendered obsolete or require modification. SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
9. ACCOUNT
Access: You authorize us to provide information about, and to make changes to, your account; including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you, which could include your email address, physical address, phone number, etc.
Authorized User: In the case of a death of the principal account holder and/or the end user to cancel the service you will need to provide the following: Death Certificate; Obituary
Content Rights:
-- You acknowledge that all content that is accessible as part of or via the use of the Services (including audio and sound files, data files, images, music, photographs, videos and written text) (“Content”) is the sole responsibility of the originator of such Content. Such Content may include content in the form of advertisements or other sponsored Content.
-- You acknowledge and agree that the Content may be protected by proprietary or intellectual property rights of third parties. You must not modify, rent, lease, loan, sell, distribute, or create derivative works based on any Content (either in whole or in part).
-- COSMO Technologies may (but is not obligated to) pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Services, including text messages. We may also flag certain Content screened as inappropriate for your review.
-- You acknowledge that you use the Services understanding the risk that you may find some Content to be offensive, indecent or objectionable. You also acknowledge that COSMO Technologies may not filter all content that you may find objectionable, indecent, or offensive.
10. AVAILABILITYService is available to your Unit only when the Unit is within the operating range of our cellular systems. Service may be subject to transmission limitations beyond the systems control and may be temporarily interrupted.
11. PHONE NUMBERYou have no ownership rights to the Number. We may change your Number assignment by giving you notice of the change. You may not assign the Number or the Unit’s Electronic Serial Number (“ESN”) to any other Unit. You may not program any other Number into the Unit. These acts are considered fraud and will result in immediate termination.
12. PRIVACY
-- Cellular telephones use radio channels to transmit voice and data. Although laws prohibit listening in on cellular calls, your privacy cannot be guaranteed.
-- You consent to our use of automated telephone equipment to contact your landline or cellular telephone for any business purpose.
-- You agree that by using COSMO Technologies’ services you agree with the terms of COSMO Technologies’ Privacy Policy as set forth on our COSMO Technologies’ website found here: https://cosmotogether.com/pages/privacy. You also understand that COSMO Technologies’ Privacy Policy may be changed from time to time and at COSMO’s discretion.
13. NOTICESWritten notices to you shall be effective on the date deposited in the U.S. mail addressed to your address of record. Written notice to us shall be effective when directed to our Customer Service Department and received at our address of record. Your notice to us must specify your phone number. Oral notices shall be effective on the date reflected in our customer service system.
14. CREDIT REPORTING AUTHORIZATIONYou authorize COSMO Technologies to: (a) disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations, and (b) periodically obtain and use your credit report and other credit information from any source in connection with COSMO Technologies’s offering of wireless and other services from time to time to determine your credit worthiness and to report your payment performance. You understand that if you fail to fulfill the terms of your credit obligations under this Agreement, COSMO Technologies may report your failure to a credit reporting agency.
15. SEPARABILITYIf any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.
16. AUTHORITY You acknowledge that you are of legal age, have received a copy of this Agreement, and have read and clearly understand its terms.
17. MISCELLANEOUSThis Agreement, the rate summary sheet, the terms included in the rate brochure(s) describing your plan and services, terms of service for products and services not otherwise described herein that are posted on applicable COSMO Technologies websites, and any documents expressly referred to herein or therein, make up the complete agreement between you and COSMO Technologies, and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void. COSMO Technologies may assign this Agreement, but you may not assign this Agreement without our prior written consent. The law of the state of Delaware shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law. Your caller identification information (such as your name and phone number) may be displayed on the equipment or bill of the person receiving your call; technical limitations may, in some circumstances, prevent you from blocking the transmission of caller identification information. You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our services or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any means regarding customer service-related notifications, or other such information.
18. SUBSCRIPTION AGREEMENT
By purchasing a COSMO Connect data plan/COSMO Membership Subscription Plan, I agree to the COSMO Technologies Terms and Conditions. I acknowledge that I am purchasing a subscription to COSMO’s wireless network services, which is billed on a recurring basis depending on the plan that I choose. These recurring payments will continue until canceled. I also acknowledge that COSMO makes no guarantees that network coverage will function in my area and makes no warranties. Refund requests will be honored within fifteen (15) days of service commencing, after which time no refunds will be made. To cancel, please visit this page, contact Support at support@cosmotogether.com, or call our customer care team at (877) 215-4741. All cancellations and refunds will be confirmed with an emailed receipt from support@cosmotogether.com.
