Terms and Conditions | KOSMOS Gifts

KOSMOS Gifts Terms and Conditions
Effective Date: January 20, 2025

Welcome to KOSMOS Gifts! These Terms and Conditions ("Terms") govern your access to and use of KOSMOS Gifts ("Service"), a platform that enables individuals to pre-plan and manage personalized gifting for their loved ones. By using our Service, you agree to be bound by these Terms.

1. Services Offered

1.1 Personalized Gifting Plans: KOSMOS provides a structured service allowing users to schedule, customize, and deliver gifts and messages to recipients over a defined period.
1.2 Fund Management: Users deposit funds into their KOSMOS account to facilitate future gifting and related services.
1.3 Optional Services: Additional services such as videography, custom legacy messages, or trust-based fund distribution are available upon request and subject to additional terms.

2. User Responsibilities

2.1 Account Creation: Users must provide accurate and complete information when creating an account.
2.2 Fund Deposits: Users agree that funds deposited into their KOSMOS account are designated solely for the purpose of gift planning and delivery.
2.3 Gifting Details: Users are responsible for providing accurate recipient information, gift preferences, and delivery schedules.

3. Payments and Refunds

3.1 Payments: All payments, including deposits and service fees, must be made in advance based on the selected plan.
3.2 Refund Policy: Deposits are non-refundable, except in cases where KOSMOS fails to fulfill a service due to reasons within its control.
3.3 Payment Methods: KOSMOS accepts wire transfers, cashier’s checks, credit/debit cards, and other approved payment methods. Users are responsible for ensuring sufficient funds for scheduled payments.

4. Delivery and Fulfillment

4.1 Timely Delivery: KOSMOS will make every reasonable effort to deliver gifts and messages according to the user’s schedule.
4.2 Address Confirmation: Prior to delivery, KOSMOS will confirm the recipient’s address to ensure successful delivery.
4.3 Alternative Recipients: If the intended recipient is deceased or unreachable, the user may opt to:

Redirect the gifts to an alternative recipient.
Donate the gifts to less fortunate children through KOSMOS charitable programs.
Donate any remaining funds to support startup initiatives. 4.4 Gift Substitutions: If a selected gift is unavailable, KOSMOS reserves the right to substitute it with an item of equal or greater value.

5. Security and Privacy

5.1 Data Protection: KOSMOS implements security measures to protect user information and stored legacy content.
5.2 Privacy Policy: All personal data is managed in accordance with our Privacy Policy.
5.3 User Responsibility: Users must maintain the confidentiality of their account credentials and notify KOSMOS of any unauthorized access.

6. Power of Attorney and Legal Confirmation

6.1 Power of Attorney Verification: The designated Power of Attorney must certify that the client was of sound mind when executing this agreement and that the gifting plan was established voluntarily.
6.2 Executor Role: If applicable, an executor or trustee may oversee fund management and distribution after the client’s passing.
6.3 Modification by Authorized Party: KOSMOS may accept updates or modifications to the gifting plan only from an authorized Power of Attorney or executor.

7. Prohibited Activities

7.1 Fraudulent Use: Users may not use the Service for unlawful activities, financial fraud, or deceptive transactions.
7.2 Account Misuse: KOSMOS reserves the right to suspend or terminate accounts found in violation of these Terms.

8. Liability and Disclaimer

8.1 No Guarantee: While KOSMOS strives to provide reliable service, we do not guarantee error-free performance, uninterrupted access, or the availability of specific gift items.
8.2 Limitation of Liability: KOSMOS is not liable for indirect, incidental, or consequential damages arising from the use of our Service.

9. Modifications to the Terms

KOSMOS reserves the right to modify these Terms at any time. Users will be notified of significant changes, and continued use of the Service constitutes acceptance of the updated Terms.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of laws principles.

11. Contact Us

For questions about these Terms or the Service, please contact us at:
Email: yl4640@stern.nyu.edu
Phone: 530-220-7531

By using KOSMOS Gifts, you agree to these Terms and acknowledge the importance of creating a legacy that transcends time. Thank you for choosing KOSMOS!