Terms and Conditions

1. Agreement to Terms

By using our Services, you confirm you have read, understood, and agreed to these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that entity to these Terms.

2. Changes to the Terms

Cosnap LLC reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or via email. Your continued use of the Services after such updates constitutes acceptance of the changes.

3. Account Registration and Eligibility

• Accuracy: You must provide accurate and complete information and keep it updated.

• Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately at info@cosnap.ai of any unauthorized use.

• Age Requirements: You must be at least 18 years old to create an account. Users aged 13–18 require a parent or legal guardian to manage the account on their behalf. Accounts for users under 13 are strictly prohibited.

4. Privacy And Global Compliance

Your use of the Services is governed by our Privacy Policy (cosnap.ai/privacy).

• Global Framework: We comply with U.S. state laws (CCPA/CPRA, BIPA), the EU/UK GDPR, South Africa’s POPIA, and the Australian Privacy Act.

• Data Rights: Users have the right to access, correct, delete, or restrict the processing of their personal data.

5. User Content and Intellectual Property

• Ownership: You retain ownership of all content you upload, including photos ("User Content").

• License Grant: You grant Cosnap LLC a worldwide, non-exclusive, royalty-free, sublicensable license to store and process your content solely to provide the Services, such as facial recognition.

• Rights Confirmation: You confirm you possess the necessary rights to upload User Content and that it does not violate third-party rights.

• Cosnap IP: Cosnap LLC retains all rights to the Services, including software and proprietary technology.

6. Acceptable Use Policy

You agree not to engage in illegal activity, upload malware, infringe intellectual property, or circumvent security measures. Misuse of AI features to generate harmful content is strictly prohibited. Violations may lead to immediate account termination.

7. Subscription Plans and Payments

• Billing: Payments are processed via third-party providers (e.g., Apple In-App Purchase).

• Recurring Charges: You authorize recurring charges as listed at the time of subscription.

• Refunds: Fees are non-refundable unless required by law.

8. Mandatory Biometric Consent & User Liability

CRITICAL NOTICE: Cosnap LLC provides the technology, but you control the deployment environment.

• Responsibility for Consent: You are solely responsible for obtaining express, informed consent from all identifiable individuals (or guardians) before capturing or processing their biometric data.

• Public Area Signage: If using Services in public areas, you are legally required to post clear physical or digital signage notifying the public of biometric collection.

• Liability Shift: Cosnap LLC is not liable for your failure to obtain consent or provide notice. You acknowledge that you use the Services at your own risk regarding compliance with local laws (e.g., BIPA, GDPR, POPIA).

• Indemnification: You agree to indemnify and hold harmless Cosnap LLC from any claims or legal fees resulting from your failure to comply with consent and notice requirements.

9. Security And Infrastructure

We utilize industry-standard measures, including Amazon Web Services (AWS) with encryption on S3 buckets, to protect your data. In the event of a data breach, we will notify affected users per legal requirements (e.g., GDPR 72-hour rule).

10. Limitation of Liability

• "As-Is": Services are provided without warranties of any kind.

• Liability Cap: To the maximum extent permitted by law, Cosnap LLC’s liability is capped at the amount paid in the prior 12 months, or $100, whichever is greater.

• Force Majeure: We are not liable for failures caused by events beyond our control, such as natural disasters or cyberattacks.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California. Any disputes shall be resolved through binding arbitration in San Francisco, CA. Users in the EU or South Africa may utilize local arbitration or regulatory options where mandated by law.

12. Contact Information

For questions regarding these Terms, contact: Cosnap LLC / info@cosnap.ai / https://cosnap.ai