Terms and Conditions

In order to use this Service and the associated Software you must agree to the terms and conditions that are set out below. By using the Service and downloading, installing or using the associated Software supplied by MyCosmik, you expressly agree to be bound by these terms and conditions and future amendments and additions to these as published from time to time at www.mycosmik.com/poc

Definitions

"Service" any service/s supplied to you by MyCosmik.
"Software" any software provided to you by MyCosmik which purpose is to enable you to use the Service.
"MyCosmik" the trading name of Devicom AB
"Reasonable Use" A policy defining the fair usage terms for the Service and access method you are using.
"EULA" End User License Agreement

Agreement

These Terms and Conditions, and the related forms and web pages they reference, constitute a legal Agreement between you the end user and/or MyCosmik subscriber and MyCosmik.

Compliance with Applicable Laws

By entering into this Agreement you expressly confirm that you are legally entitled to enter this agreement. If you reside in a jurisdiction where it is forbidden to use callback services by law or regulation you may not enter into this agreement and you may not use the Service or Software. By entering into this agreement you expressly state that you have confirmed that your use of this Software and Service is permitted. If you reside in a jurisdiction which restricts the use of services which include callback because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service.

Calls to Emergency Services

MyCosmik is not a replacement for your ordinary telephone service and you may not be able make emergency calls using MyCosmik. However this does not prevent you using your mobile phone for making emergency calls via your cellular provider as normal. Neither 999, 112, 911 nor e-911 service nor any other emergency service is available through the MyCosmik service. If you dial "999" or "911"(or other internationally recognized emergency service numbers) while using the MyCosmik service you will not be connected to an emergency operator, and neither your phone number nor your location will be reported to an emergency operator.

Access to the Service

You may only access the MyCosmik services using authorized Software and authorized compatible devices identified on our website www.mycosmik.com/poc or introductory email. It is your responsibility to check the list of devices on the MyCosmik website or email to ensure you download the correct software for your device. MyCosmik is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the software for your handset. MyCosmik reserves the right to terminate this agreement should you be using the MyCosmik Service with software or a device that is not identified on the website as compatible.

You Agree that:

You will only use the Service for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
You will not use the Service to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm the Service in any way whatsoever.
You will not copy, or distribute services or content without written permission from MyCosmik.
You will only use the Software and Service for your own use and will not resell it to a third party.
You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
You will provide us with whatever proof of identity we my reasonably request.
You will not access any age restricted services if you are under age, nor will you allow any other person to do so.
When using the service you agree to comply with all applicable laws from your home nation, the country in which you reside, or the country in which signing up for an account, or if we reasonably require it, we reserve the right to contact a credit agency to check your credit rating. This may result in your account being limited or not accepted at all. You agree to use MyCosmik at least once per month.
Inactive accounts will be terminated. You agree to the best of your ability to fill out 2 questionnaires based on your experience of MyCosmik. You are not expected to make any additional purchase other than the initial purchase. You will be responsible for the abroad sim card and it's topup.

Charges

You will be provided with a 50% bonus of free minutes on top of your initial purchase and possibly some free calls and other special offer services subject to reasonable use, entirely at MyCosmik's discretion.

The MyCosmik Service operates on a pre-pay basis. MyCosmik has no obligation to refund any payments made in advance for the use of the MyCosmik Service as set out in these terms. For more details see the Reasonable Use Policy associated with your tariff. A full list of MyCosmik's rates for standard Services is published on your MyAccount Pages. These rates may be changed from time to time, entirely at MyCosmik's discretion. Our rates may vary without prior notice. Full details of rates will be displayed there, so you should check the MyCosmik website regularly to determine if any changes have been made or announced. If you exceed the Reasonable Use levels any additional calls or services will be charged at the standard rates, or if you have no credit in your account, the call will be dropped or not connected, or the service not provided.

Payments

In order to use the MyCosmik payment services, you must have an account with MyCosmik and a validated email address and mobile number. This means that you will have received emails from MyCosmik previously and will have the necessary equipment to receive electronic notifications from us. By using MyCosmik's payment services either online or via the telephone, you consent to receive all confirmations of payment, recurring payment authorities, receipts and other notices electronically via email. You also consent to provide authorisations for any payment transactions, and contractual transactions via electronic means (this includes acceptance of terms and conditions via tick box and I accept buttons. You should keep these emails in a safe place as a record of your transactions. You must keep your contact details up to date. If you need to change your email address you can do so at the My Account page at www.MyCosmik.com/myaccount. You acknowledge that MyCosmik may use a third party to process your payments and perform fraud checks. Any refunds in relation to payments made will be governed by the MyCosmik Refund Policy. If you loose your payment card or believe it has been compromised you must alert customer service by emailing info@mycosmik.com.

Auto-Refuel (optional)

Auto-Refuel allows you to select an amount of money to automatically add to your account, each time your balance reaches a defined lower balance limit. By using Auto- Refuel you are providing a Recurring Payment Authority to MyCosmik (this can be done via the website). This will be added to your MyCosmik Account. Money added to your MyCosmik account using this Recurring Payment Process is subject to these specific terms and conditions, together with the payment terms and conditions and MyCosmik's standard service terms and conditions. If you do not agree to these terms and conditions you must not submit a request through this recurring payment process.
Once you have opted in for Auto- Refuel and added credit to your MyCosmik account, MyCosmik will email you with a confirmation. This is proof of your recurring payment authorisation and you should save or print this confirmation for your records. If there is an error on this you must contact MyCosmik immediately. You may cancel, amend or update your Auto- Refuel at any time by visiting www.MyCosmik.com/myaccount or contacting customer service. Until you amend it, your existing Auto- Refuel will remain in place and MyCosmik will not be liable for any top-up purchased pursuant to your recurring payment authority.
MyCosmik will email you each time a payment is taken from your account following an automatic top up. MyCosmik may not notify when your card associated with the auto top up is about to expire.
MyCosmik reserves the right to suspend, restrict, withdraw or terminate the operation of the recurring payment process at any time.

Account Use and Activation

Your account will be activated after you have downloaded and installed the MyCosmik Software. Your Agreement is personal to you, and is not transferable by you, but we may allow you at our discretion to nominate another user to use your Service. If you do so, however, You - and not the other user - will remain contractually responsible for all payments and other obligations under this Agreement. You are responsible for the use of the Services and payment thereof. You are responsible for ensuring the security of your user account details and password and you are responsible for all activities conducted including any charges incurred by using your account even if this occurs without your permission. You agree to immediately notify MyCosmik in writing to info@mycosmik.com of any fraudulent or unauthorized use of your account or of any suspected compromise of your password or your user account details. MyCosmik reserves the right to change your password. MyCosmik is not liable for any monetary loss or damages that may result from the loss or theft of your password. If You are purchasing the MyCosmik Service for private use (i..e. as a consumer as opposed to for business use), You have the right to cancel this contract within 14 days of acceptance of the Services by You ("Cancellation Period") before you start using the MyCosmik Service. If you do cancel a contract pursuant to this clause you must notify us by email to info@mycosmik.com. In the event of cancellation, You must delete all software and any services that you have downloaded from us and you remain bound by the terms of this Agreement. We will not refund the monies you have paid to us despite giving us cancellation notice. A refund of any sums paid to MyCosmik is not available once You have started to Use the MyCosmik Service. If you do not use your MyCosmik Account for 120 consecutive days your account will be closed and any remaining credit forfeited.

Marketing

In order for the MyCosmik Service to be a low cost service we may rely on advertising and marketing supplied through the service and other mechanisms to subsidize the service. We intend that any such marketing services shall be discrete and of targeted interest to you. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such services you should notify us in writing. MyCosmik reserves the right to charge you a higher fee for the service should you choose not to take these marketing services. This higher fee, if applicable, will be posted on the MyCosmik website. MyCosmik may compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. MyCosmik may from time to time send you information about our MyCosmik products and services. If you do not want to receive information about MyCosmik products and services you should contact us in writing at info@mycosmik.com.

Support

If you need assistance regarding the MyCosmik software and Service, please email info@mycosmik.com.

Restricted Numbers

There may be numbers that MyCosmik restrict your access to, including but not limited to premium rate numbers.

Termination

You may terminate this Agreement at any time with written notice to MyCosmik at info@mycosmik.com MyCosmik may limit, suspend or terminate the Service and this Agreement if we believe you to be in breach of these terms and conditions, or engaging in illegal activities. We shall provide notice to you via the email address you have provided and/or by preventing you from accessing the Account and the Service. If we reasonably believe the information supplied to us has been given without the knowledge of the person named or it is unauthorized or contains false particulars, we may delay, suspend or terminate your Service. Under these circumstances you will have no claim against us.

Refund Policy

No refunds will be made for unused credit. Where MyCosmik provides you with free calls or other special offer services no cash alternative will be given.

Assignment of rights

You may not assign your rights under this agreement unless expressly agreed by MyCosmik.
MyCosmik may assign our rights under this agreement to any company that controls MyCosmik or that MyCosmik controls.

Ownership

All intellectual property rights in the MyCosmik Service and Software are the property of Devicom AB. The supply of the Software and Service does not imply any transfer of intellectual property rights.

Privacy

We take our customers' privacy seriously. Whilst we respect the privacy of our customers, phone calls may be subject to interception by law enforcement agencies and bodies.

Trial Feedback

If any part of the software or services are supplied as a trial, you agree that we can log your feedback on the quality of the product and service, and incorporate it to make improvements to the product, where appropriate. All such improvements are the sole ownership of MyCosmik.

Complaint resolutions

If you have any complaints about the Software or Service you should send them in the first instance to info@mycosmik.com.

No Warranty

If any MyCosmik services are offered as a trial, while we will endeavour to provide the service with minimum disruptions, we cannot guarantee a fault free Service and you agree to accept the service as is. We reserve the right to suspend the service for technical, operational or other reasons. MyCosmik reserves the right to withdraw this Service and any additional services at its sole discretion. The service is provided on an as is basis, and your use of the service is at your own risk. MyCosmik does not make, and hereby disclaims, any and all warranties of any kind, whether express or implied, including, but not limited to, any warranty of fitness for a particular purpose; merchantability; title or non-infringement; or any warranty arising from any course of dealing, usage or trade practice. MyCosmik does not warrant that the service will be uninterrupted, error-free, or completely secure. We reserve the right to make changes to these terms and conditions. You should check the MyCosmik website regularly to see if any changed have been made or announced. We will endeavour to provide 30 days advance notice of significant changes, either by posting such notice on our website, or by contacting you directly. If you do not notify us within 30 days of a change then you will have been deemed to accept this change to this Agreement.

Limitations and Exclusions of Warranties and Liability.

1) Exclusions of certain damages Under no circumstances (whether contract, tort (including negligence), strict liability or any other theory whatsoever), shall MyCosmik be liable for any damages you may suffer from or in connection with your use of, or inability to use, MyCosmik's network or equipment, or the service, including the inability to make "999", "911" or other emergency service calls. This limitation includes, but is not limited to, damages resulting from loss or theft of data; transmission delays or failures; service interruptions; unauthorized access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however caused. This limitation will apply even if MyCosmik has been advised of, or is aware of, the possibility of such damages. Because some territories or other jurisdictions do not allow the exclusion of certain warranties or certain forms of liability, some or all of the exclusions set forth in this agreement may not apply. If any of such exclusions are not allowed under the laws of a particular state or other jurisdiction for any reason, then MyCosmik's maximum liability for any type of damages with respect to MyCosmik's network, equipment, or services shall be limited to the amount of monthly service charges paid by customer to MyCosmik hereunder for the twelve (12) month period prior to the occurrence of the event giving rise to such liability.
2) Disclaimer of third party actions and control. MyCosmik does not and cannot control the quality of other parties' networks to which MyCosmik must interconnect. Therefore, MyCosmik disclaims any and all liability that may arise from the performance, including failure, of other parties' networks.
3) Waiver of liability and indemnification involving 999 and other emergency calls. The MyCosmik Service does not include the ability to access emergency operators and emergency services. MyCosmik shall not incur any liability, direct or indirect, to any person who dials, or attempts to dial "999,911" or other internationally recognized emergency numbers, or to any other person who may be affected by the dialing of the digits "999, or 911".
Customer hereby indemnifies and holds MyCosmik and each of MyCosmik's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns harmless from any and all judgments, injuries, penalties, damages, losses, obligations, liabilities, claims, actions, causes of action, encumbrances, costs, expenses (including, without limitation, reasonable attorneys' fees and expert witness fees) suffered, sustained, incurred or required to be paid by MyCosmik or any such other person or entity, arising out of or in connection with any personal injury or death, or injury to property, resulting from your inability to call emergency operators while using the MyCosmik service. You acknowledge to MyCosmik and each of MyCosmik's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns that you fully understand that it is not possible to call a 911 or similar emergency operator or to summon 911 or other emergency services while using the MyCosmik service.

Limitation on remedies

The service charge credits listed in this section are the sole and exclusive remedies available to you for any failure by MyCosmik to comply with its obligations under this agreement, whether such failure results in downtime, network congestion or outages, or any other service failure.

Entire Agreement/Severability

These Terms and Conditions, the associated EULA and additional terms and conditions as explicitly identified on the MyCosmik website constitute the entire Agreement between you and MyCosmik. Should any terms of the Agreement be declared void or unenforceable by any arbitrator, regulator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.

Force Majeure

MyCosmik will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network.

Changes in Regulation

If new regulations are imposed on MyCosmik, MyCosmik is authorized to make changes to this Agreement that reflect the new regulations, and will post such changes on its corporate website and may in addition send email/SMS notices to its customers. MyCosmik retains the right to pass on to you any new regulatory fees or taxes that may be imposed by law or regulation.

Governing Law

This agreement is governed by the laws of Sweden. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.

Electronic Documents

Any references in the Agreement to any forms, documents or instruments shall be deemed to refer to the same in both paper and electronic form.

Company Details

Devicom AB, Company number 5566351325 and VAT number SE556635132501 incorporated in Sweden with a registered address at Finlandgatan 66 174 64 Kista Sweden.

Additional Services, Features and Terms

MyCosmik will from time to time introduce additional services which you will need to sign up to on the web. These services will be covered by these terms and conditions but you may have additional terms and conditions to which you will need to agree before gaining access.

Language

We may have translated the original English Language version of this Agreement into other languages. If there is any inconsistency or discrepancy between the English Language version and any other language version of this Agreement, the English language version shall prevail.

Telephone Device Access Terms and Conditions

These additional terms for mobile device users must be agreed in addition to the MyCosmik Standard Terms and Conditions. By using the MyCosmik Service via your mobile device you expressly agree to be bound by these additional terms and conditions.
MyCosmik is not a replacement for your ordinary telephone service and you cannot make emergency calls using MyCosmik. However this does not prevent you from using your mobile phone for making emergency calls via your Cellular Provider as normal.
When you download the Software you will have to register using your existing mobile phone number and an Account will automatically be generated. This is our record of your payments and usage of the service. (We use this number to identify you, to contact you via SMS re changes in our terms and conditions and to forward calls to you when you are out of range of an AP).
MyCosmik is an add-on service to the mobile service you currently receive. You will still have to pay your normal mobile phone service charges. MyCosmik is not liable for any local rates or charges due to your mobile phone service provider.
When you sign up for your account you may be provided with an additional unique telephone number, this is your "local did” or MyCosmik Number. This will not affect your existing mobile number (GSM Number) managed by your existing mobile service provider and it will affect your ability to make or receive calls via your existing mobile provider when you turn on MyCosmik incoming call forwarding.
In order to use your MyCosmik account you must have a valid GSM number associated with it. You will need to activate your account by making a telephone call within two weeks of signing up for the service, if you do not do this, your MyCosmik Account will be withdrawn and your MyCosmik number will be reallocated.

MyCosmik Number Porting

In very unusual cases, in order for MyCosmik to provide continuity of the Service, it may be necessary to port your MyCosmik Number, which means moving it from one of MyCosmik's suppliers to another. By agreeing to these terms and conditions you expressly agree to port your number as and when directed by MyCosmik. MyCosmik will issue you all necessary documents and otherwise assist you with the process and cover any associated porting charge. This will not affect your GSM Number in anyway at all and you will be notified. In some circumstances we may need to change your MyCosmik Number including but not limited to, if required to do so by Law or legislation, by agreeing to these terms and conditions you expressly agree that we can do this.
If you use MyCosmik over a 3G data connection you may be liable to additional costs from your 3G data account provider. MyCosmik are not liable for these or any other costs you may incur from 3rd party services. We will from time to time attempt to estimate 3G data charges from some carriers. These are for information only and your should contact your carrier directly to obtain definitive information.

SMS Messages

SMS or text messages sent by MyCosmik are subject to charges from you SIM card provider.

Caller Line Identification

Our network may allow the display of your MyCosmik Number on receiving devices.

Support

If you need assistance regarding the MyCosmik Software and Service, please email info@mycosmik.com. You can access your GSM providers' operator assistance as usual.

Reasonable Use

Any of MyCosmik Service/s may be subject to reasonable use. Please check your tariff for specific details, or your My Account page,

Partner Hotspots

As part of the MyCosmik WIFI service you may be provided access to some MyCosmik pre-"authorized" Access Points or hotspots (Partner Access Points). This is where MyCosmik has entered into an agreement with the Access Point Partner or controller to provide you with authorized access to the Access Point. By using the Partner Access Point you expressly agree to these terms and conditions and the individual terms identified for each Partner Access Point in addition to the MyCosmik Service Standard Terms and Conditions. If you do not agree to these terms and conditions you must not use the Partner Access Point.
Your use of the Partner Access Point services provides you access to an Access Point that allows you to use the MyCosmik Service only. If you wish to access the Internet other than to make MyCosmik calls you must sign up for an internet access subscription directly with the Partner Access Point.
There may be additional costs associated with using Partner APs. These will be clearly identified on our website, click here for more details. Any additional costs will be debited from Your Account and identified on Your Account page/bill. Your access to the Partner Access Point is supplied via MyCosmik, and all support queries, service or billing queries in this regard should be directed to MyCosmik. You will be subject to the usage policies of the Partner AP which may include service terms and conditions and reasonable use policies. Please check the individual terms for details.
You agree that MyCosmik may use any of your personal details necessary to supply you with access to the Partner Access Point.
MyCosmik reserves the right to withdraw your access to Partner Access Points at its sole discretion and without prior notice.
Any misuse of the Partner Access Point or failure to abide by these additional terms and conditions will be deemed a failure to comply with MyCosmik Service Standard Terms and Conditions.
MyCosmik may terminate your agreement immediately in the event of any misuse of the Partner Access Points terms and conditions.

No Selling

This agreement is a personal agreement between you and Devicom AB. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Software, or use the Software or service to provide a commercial service to any third party.

Warranty

You expressly acknowledge and agree that use of the Software is at your own risk and that the Software is provided "as is" without any warranties or conditions. Devicom AB expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of response or results, or implied warranties of merchantability and fitness for a particular purpose. This Software is supplied to you free of charge.

Liability

This Software is not intended for use with the emergency services.
In no event shall Devicom AB or its suppliers be liable for any indirect, incidental, special or consequential loss or for any loss or costs whatsoever experienced by You or any third party (including but not limited to damages for loss of business profits, business interruption, loss of business information, personal injury, loss of privacy or other pecuniary or other loss whatsoever) arising out of use, misuse or inability to use the Software.

Termination

We reserve the right to upgrade the Software and discontinue support for earlier versions of the Software. You agree to be bound by this EULA unless another one is provided with the addition of new features or with new version of the Software. Devicom AB reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by You shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. By accepting this EULA You hereby give permission to Devicom AB to remotely disable your ability to Use the Software.

Indemnity

You shall be liable for all costs and losses incurred by Devicom AB as a result of your breach of this EULA, or any applicable law or regulation, any violation of 3rd party rights, any use or misuse of the Software, or any communications spread by means of the Software.

Jurisdiction

This EULA is governed by the laws of Sweden. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect.

Use of the Website

By using this website you accept these terms of use, please read them carefully before using this website. MyCosmik reserves the right to amend these terms of use at our sole discretion and without prior notice. Your continued use of this website indicates your continued acceptance of these terms. If you are a MyCosmik user you must read these terms and conditions in conjunction with the MyCosmik Service Terms and Conditions. MyCosmik is a trading name of Devicom AB. MyCosmik reserves the right to amend, modify or discontinue, suspend or restrict your access to any part/s of this website without notice. Except as expressly provided otherwise in a written agreement between you and MyCosmik, this website and the materials contained herein are provided as is and without warranties of any kind. MyCosmik and each of MyCosmik's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns shall not be liable for any special, indirect, incidental, punitive or consequential damages that result from the use of, or the inability to use this website. No advice or information, whether written or oral, obtained by you from MyCosmik or from or through the website shall create any warranty not expressly stated otherwise in these Terms. MyCosmik does not warrant that the features and functions contained in this website will be uninterrupted or error-free, or that this service or the server that makes it available will be free of viruses or other harmful elements.
MyCosmik makes no representation that materials in the website are appropriate for use in your location or jurisdiction. By accessing this website you agree that you do so on your own initiative and are responsible for compliance with local laws, where these laws are applicable.
MyCosmik may provide links to other websites which are not under our control. Such links do not imply any endorsement by MyCosmik of either the website or the products available on them, and MyCosmik is not responsible for the content or accuracy of the information on such websites.
If at any time you make any submissions via the website, including but not limited to comments, suggestions, bug reports and feature ideas you assign all rights in these Submissions to MyCosmik. MyCosmik shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to MyCosmik will not be treated as confidential and MyCosmik shall not be liable for any disclosure of the Submissions.
Any software that is made available for download from this site is subject to the EULA and the Service is subject to the MyCosmik Service Terms and Conditions published on this Website. Your privacy is very important to us. Please see our privacy policy published on this website for more details.

Trademarks and copyright