COSMO TECHNOLOGIES TERMS & CONDITIONS
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.
> NOTE: All devices purchased outside of the COSMO Website (e.g. Amazon, Walmart, etc.) shall be subject to the noted marketplace return policies without exception.
> To request a replacement, you must contact COSMO Support at (877) 215-4741, emailing us at email@example.com, or via our website COSMO Contact page. To request cancellation, click here. See the below details for all terms related to returns & refunds per COSMO’s Manufacturer Limited Warranty and Device Insurance policies.
> 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.
> 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 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 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 year per line/device with active service. For Device Insurance replacements, COSMO may provide a certified renewed / like-new device.
> Warranty & Insurance Replacement Process: To request a replacement, you must contact COSMO Support at (877) 215-4741, emailing us at firstname.lastname@example.org, 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.
> Elect not to process your service cancellation.
> Charge you the cost to repair a damaged or altered Device; or
If 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.
Service 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.
A 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.
We 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.
Service 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.
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
-- 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.
Service 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.
You 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.
-- 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.
Written 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.
You 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.
If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.
You acknowledge that you are of legal age, have received a copy of this Agreement, and have read and clearly understand its terms.
This 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 email@example.com, or call our customer care team at (877) 215-4741. All cancellations and refunds will be confirmed with an emailed receipt from firstname.lastname@example.org.