These Terms of Service ("Terms") form a binding legal agreement between you or the commercial entity you legitimately represent ("Client", "you") and Cosmic-al S.A.S. de C.V. ("Cosmic-al", "we", "us"), governing your access to and operation of the Cosmical-portals application, dashboards, and automated orchestration services (the "Service").
By registering an account, integrating communication endpoints, or operating the Service, you unconditionally accept these Terms.
1. Eligibility & Workspace Registration
- Minimum Age: You must be at least 13 years old (or the minimum legal age required in your local jurisdiction) and possess full legal capacity to form a binding contract to utilize the Service.
- Account Security: You may access the platform using supported enterprise identity providers, including Meta / Facebook Login. You are uniquely responsible for maintaining the absolute confidentiality of your access keys, tokens, and credentials, and for all transactional actions or API calls that occur under your designated workspace.
2. Intellectual Property Rights
- Our Infrastructure: The Service—including its software layers, database routing architectures, underlying logic, prompts, proprietary configurations, interface designs, and branding—is the exclusive property of Cosmic-al and its licensors. It is protected under international copyright, trademark, and trade secret laws. No ownership or exploitation rights are transferred to you under these Terms.
- Client Customizations: Any training logs, materials, or specific configurations built explicitly for your independent instance remain your business asset, subject to the operational licenses required to run the platform.
3. User Content & Dedicated AI Training Restriction
- Ownership: You retain complete ownership over the conversation logs, payloads, text inputs, and customer profiles processed within your workspace.
- Operational License: You grant Cosmic-al a worldwide, non-exclusive, royalty-free, technical license to host, store, parse, transmit, and display such content solely and strictly to the extent required to execute and maintain the core functionalities of the Service.
- AI Shield Guarantee: Cosmic-al explicitly declares that conversational data and message content handled through your workspace will never be used, scraped, or shared with third parties to train, fine-tune, or develop general-purpose Large Language Models (LLMs) or external consumer AI frameworks.
4. Acceptable Use & AI Deployment Compliance
As a condition of use, you agree and warrant that you will not operate the Service to:
- Violate any regional, national, or international law, regulation, or commercial communication act.
- Deploy automated messaging vectors for malicious intents, unauthorized marketing, or unrequested transmission campaigns (spam) that breach provider guidelines.
- Infringe upon the intellectual property, data security, or consumer privacy rights of any individual.
- Upload malware, executable exploits, or execute system automated testing designed to reverse-engineer or disrupt the Service's multi-tenant framework.
Special AI Conduct Clause: When deploying automated conversational agents through our infrastructure, you assume full responsibility for ensuring your models comply with Meta's Business Policies. This includes making reasonable disclosures regarding the automated nature of the agent if requested by consumers, and maintaining an operational path for human agent escalation (human handoff) within your business workspace workflows.
5. Third-Party Platforms and API Dependencies (Meta Platforms)
- Intermediary Nature: The Service functions as an automated bridge that integrates with third-party application programming interfaces—specifically the official frameworks of Meta Platforms, Inc. (WhatsApp Business API, Facebook Messenger, Instagram Graph API).
- Exclusion of Infrastructure Control: You explicitly acknowledge that Cosmic-al holds no control over the availability, pricing models, stability, or structural changes executed unilaterally by Meta.
- Account Suspensions: Cosmic-al is not liable for operational blockages, phone number suspensions, or page deactivations executed directly by Meta due to misuse, spam behavior, or policy violations committed by your business accounts.
6. AI Output Disclaimers (Hallucination Safe-Harbor)
The Service utilizes advanced automated linguistic processing tools and large-scale artificial intelligence modules. You acknowledge and accept that:
- AI-generated outputs, text interactions, and automated sales conversations are inherently probabilistic and may occasionally contain inaccuracies, factual errors, or anomalies (hallucinations).
- The Client bears the sole responsibility for monitoring, testing, and verifying the parameters, instructions, and behaviors of their active custom agents.
- Cosmic-al does not warrant that AI-driven interactions will be entirely error-free, nor does it assume any liability for business deals, quotes, or transactional commitments erroneously generated by automated agents. The Service is provided "AS IS" and "AS AVAILABLE".
7. Limitation of Liability
To the maximum extent permitted by applicable commercial law, Cosmic-al and its infrastructure providers shall not be held liable for any indirect, incidental, special, consequential, or punitive damages—including but not limited to loss of profits, corporate revenue, end-user data, or goodwill—arising out of your operation of the Service.
In no event shall Cosmic-al's total aggregate liability for all claims related to the Service exceed the greater of:
- The total aggregate fees paid by you to Cosmic-al for the specific Service during the three (3) months immediately preceding the event giving rise to liability, or
- Fifty United States Dollars ($50.00 USD).
8. Indemnification
You agree to indemnify, defend, and hold harmless Cosmic-al, its corporate parents, affiliates, officers, and technical personnel from any third-party claims, financial losses, regulatory damages, legal fees, or operational expenses resulting from:
- Your direct breach of these Terms or acceptable use mandates.
- The deployment and transactional outcomes of your custom automated AI agents communicating with your end-consumers.
- Any violation of Meta Platform data regulations committed within your enterprise accounts.
9. Suspension and Termination
We reserve the right to suspend or terminate your enterprise workspace environment immediately, without prior notice, if we determine, under reasonable engineering standards, that your use violates these Terms, compromises multi-tenant data security, or presents an immediate systemic risk to our shared cloud-project infrastructure. You may request account closure and data deletion at any moment.
10. Governing Law & Competent Jurisdiction
These Terms, along with any transactional dispute arising from your commercial operation of the platform, shall be governed and interpreted exclusively under the laws of the Republic of El Salvador, without giving effect to any principles of conflicts of law.
Any legal action, claim, or proceeding arising under this agreement shall be brought exclusively before the competent judicial courts of the city of San Salvador, El Salvador.
11. Changes to These Terms
We may modify these Terms as our software capabilities expand. Material changes affecting business tiers or account responsibilities will be announced through your dashboard or via your corporate email address. Continuous operation of the platform after changes become active implies your complete acceptance of the new framework.
12. Corporate Contact Details
Cosmic-al S.A.S. de C.V. — Enterprise Operations Email: b2b@cosmic-al.com