Terms of Service

These Terms of Service have been prepared in accordance with UK law, including the Consumer Rights Act 2015, the Electronic Commerce (EC Directive) Regulations 2002, the Consumer Contracts Regulations 2013, and other applicable UK legislation. They govern your use of our services and form a legally binding agreement between you and us.

1. Introduction

Welcome to COSA. These Terms of Service ("Terms") govern your access to and use of the COSA website and AI-powered call compliance services (collectively, the "Services"), operated by Skynet Solutions LTD.

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.

For the purposes of these Terms, Skynet Solutions LTD is a company registered in England and Wales under company number 12345678, with its registered office at 123 Fintech Street, London, UK. Our VAT registration number is GB123456789.

1. Introduction

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.

For the purposes of these Terms, Skynet Solutions LTD is a company registered in England and Wales under company number 12345678. Our VAT registration number is GB123456789.

2. Definitions

For the purpose of these Terms:

"Account"

A unique account created for you to access our Services.

"Company"

Skynet Solutions LTD, operating as COSA (referred to as "the Company", "We", "Us" or "Our").

"Content"

Text, images, or other information that can be posted, uploaded, linked to or otherwise made available.

"Device"

Any device that can access the Service such as a computer, cellphone or digital tablet.

"Service"

The Website and the AI-powered call compliance platform.

"Terms"

These Terms of Service that form the entire agreement between You and the Company.

"Third-party Service"

Any services or content provided by a third-party that may be displayed, included or made available by the Service.

"Website"

COSA, accessible from www.cosa.com

"You"

The individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

"Consumer"

An individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession, as defined in the Consumer Rights Act 2015.

"Business Customer"

A person or entity acting for purposes relating to that person's or entity's trade, business, craft or profession.

3. Account Registration

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

In accordance with UK law, we will take reasonable steps to verify your identity before creating an account. This may include requesting additional information or documentation.

4. Consumer Rights

If you are a Consumer (as defined above), you have certain rights under UK consumer protection laws, including the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

4.1 Digital Content

Under the Consumer Rights Act 2015, digital content (such as our Services) must be:

Of satisfactory quality
Fit for purpose
As described

If our digital content does not meet these standards, you may be entitled to a repair or replacement, or in some cases, a refund.

4.2 Right to Cancel

Under the Consumer Contracts Regulations, you have the right to cancel your contract with us within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or email). You may use the model cancellation form available on our website, but it is not obligatory.

If you have requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract, in comparison with the full coverage of the contract.

4.3 Exceptions to the Right to Cancel

The right to cancel does not apply to:

Services that have been fully performed with your express consent and acknowledgment that you would lose your right to cancel once the service was fully performed
Digital content where you have given your express consent to begin the supply of the digital content during the cancellation period and acknowledged that you would lose your right to cancel

5. Subscription and Payments

Billing Cycle

Some parts of the Services are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis, depending on the type of subscription plan you select.

Automatic Renewal

At the end of each period, your subscription will automatically renew under the same conditions unless you cancel it or the Company cancels it. You may cancel your subscription either through your online account or by contacting our customer support team.

In accordance with UK law, we will provide you with reasonable notice before any automatic renewal, including clear information about the renewal date, the new price (if applicable), and how to cancel.

Payment Methods

A valid payment method, including credit card or other payment methods, is required to process the payment for your subscription. You shall provide the Company with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize the Company to charge all subscription fees incurred through your account to any such payment instruments.

All payments are processed securely through our payment service providers, who comply with the Payment Card Industry Data Security Standard (PCI DSS).

Failed Charges

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Price Changes

We may, at our sole discretion, modify the pricing for the Services. Any price changes will apply to you no earlier than 30 days following notice to you.

If you do not agree to the price change, you have the right to reject the change by cancelling your subscription before the price change takes effect. Your continued use of the Services after the price change takes effect constitutes your agreement to pay the modified price.

Taxes

All prices shown include Value Added Tax (VAT) at the current rate, where applicable. If the VAT rate changes between your order date and the date we supply the Services, we will adjust the VAT you pay, unless you have already paid for the Services in full before the VAT change takes effect.

For Business Customers outside the UK but within the EU who have a valid VAT registration number, the reverse charge mechanism may apply, and VAT may not be charged.

6. Free Trial

The Company may, at its sole discretion, offer a subscription with a free trial for a limited period of time.

You may be required to enter your billing information in order to sign up for the free trial. If you do enter your billing information when signing up for a free trial, you will not be charged by the Company until the free trial has expired. On the last day of the free trial period, unless you cancelled your subscription, you will be automatically charged the applicable subscription fee for the type of subscription you have selected.

In accordance with UK consumer protection laws, we will provide you with clear notice before your free trial ends and your paid subscription begins. This notice will include information about how to cancel if you do not want to be charged.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.

7. Intellectual Property

The Services and their original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

All intellectual property rights in the Services throughout the world belong to us (or our licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Services other than the right to use them in accordance with these Terms.

7.1 Your Content

When you upload content to our Services or otherwise submit content to us, you give us a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones.

You represent and warrant that you own or have the necessary rights to grant us the license described above for any content that you submit to our Services.

In accordance with UK copyright law, if you believe that any content on our Services infringes your copyright, please contact us with the following information:

A description of the copyrighted work that you claim has been infringed
A description of where the material that you claim is infringing is located on our Services
Your contact information, including your address, telephone number, and email address
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

8. User Conduct

By using our Services, you agree not to:

Use the Services in any way that violates any applicable national or international law or regulation.

Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.

Transmit any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.

Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

Use the Services in any manner that could disable, overburden, damage, or impair the site.

Use any robot, spider, or other automatic device to access the Services for any purpose.

Use any manual process to monitor or copy any of the material on the Services without our consent.

Use any device, software, or routine that interferes with the proper working of the Services.

Introduce any viruses, trojan horses, worms, logic bombs, or other harmful material.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services.

Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

In addition to the above, you must comply with all applicable UK laws, including but not limited to the Computer Misuse Act 1990, the Data Protection Act 2018, and the Communications Act 2003.

9. Limitation of Liability

9.1 For Business Customers

If you are a Business Customer:

In no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the Services;
Any conduct or content of any third party on the Services;
Any content obtained from the Services; and
Unauthorized access, use or alteration of your transmissions or content,

whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Our total liability to you for all losses, damages, and causes of action, whether in contract, tort (including negligence), or otherwise, will not exceed the amount paid by you to us for the Services in the 12 months preceding the event giving rise to the liability.

Nothing in these Terms excludes or limits our liability for:

Death or personal injury caused by our negligence;
Fraud or fraudulent misrepresentation;
Any liability that cannot be excluded or limited by English law.

9.2 For Consumers

If you are a Consumer:

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services, including the right to receive services which are as described and match information we provided to you.

We are not liable for business losses. If you are a Consumer, we only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose, our liability to you will be limited as set out in Section 9.1.

10. Disclaimer

10.1 For Business Customers

If you are a Business Customer:

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The Company, its subsidiaries, affiliates, and its licensors do not warrant that:

The Services will function uninterrupted, secure or available at any particular time or location;
Any errors or defects will be corrected;
The Services are free of viruses or other harmful components; or
The results of using the Services will meet your requirements.

10.2 For Consumers

If you are a Consumer:

We are under a legal duty to supply services that are in conformity with this contract. Nothing in these Terms will affect your legal rights as a consumer. For detailed information on your legal rights, please visit the Citizens Advice website at www.citizensadvice.org.uk or call 03454 04 05 06.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

11.2 Dispute Resolution for Business Customers

If you are a Business Customer, any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.

11.3 Dispute Resolution for Consumers

If you are a Consumer, you may bring any dispute arising out of or in connection with these Terms in the courts of England and Wales or, if you live in Scotland or Northern Ireland, you may bring a claim in the courts of Scotland or Northern Ireland, as applicable.

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

For Consumers, if the changes to these Terms are material and you have a subscription with us, we will notify you of the changes and give you the opportunity to cancel your subscription without penalty if you do not agree with the changes.

13. Electronic Communications

In accordance with the Electronic Commerce (EC Directive) Regulations 2002, we provide the following information:

Our services are provided by Skynet Solutions LTD, trading as COSA.
Our email address is info@cosa.com.
Our phone number is +44 20 1234 5678.
We are registered in England and Wales under company number 12345678.
Our VAT registration number is GB123456789.

When you use our Services, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Email:legal@cosa.com
Phone:+44 20 1234 5678