Terms of Service

Last revised: October 1, 2024

Welcome to Cosmos community

Vast Data Ltd. and any other company or entity of its Group (at its discretion) are the operator and the community manager of Cosmos (”Company”, “our”, “we” or “us”) providing users (“User(s)”, “you” or “your”) a social community media platform dedicated to artificial intelligence and related technologies and applications, which allows you to publish content and read content of others and participant in various forums, through our Website at thecosmos.ai (“Website”) (collectively, the “Service(s)”), all in accordance with the terms and conditions hereunder.

By entering to, connecting to, accessing or using the Services, you acknowledge that you have read and understood the following Terms of Service (the “Terms of Service”). Your access to and use of our Services is also subject to our Privacy Policy https://community.thecosmos.ai/privacy, Cosmos Community Code of Conduct https://community.thecosmos.ai/coc (collectively, with the Terms of Service, the “Terms”) and you agree to be bound by them, whether as a guest User or a register User, and to comply with all applicable laws and regulations regarding your use of the Services and you acknowledge that these Terms constitute a binding and enforceable legal contract between Company and you.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE SERVICES IN ANY MANNER.

1. Definitions.

For the purposes of this Agreement, unless otherwise specifically noted, the following terms shall have the associated meanings:

  • 1.1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control” for purposes of this definition means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
  • 1.2. “Group” means any Company’s Affiliates and its subsidiaries, including any of their respective officers, directors, shareholders, employees, sub-contractors, agents, parent companies and subsidiaries.

2. Your Cosmos Account

  • 2.1. You may create and log into an account to use some features of the Services. (We may make the Website available for viewing also for Users who so not create an account, however not all features of the Services will be available for use if an account is not created). If you choose to view the Website without creating an account, some non-personal information may be collected about yourself, as outlined in our Privacy Policy. If you create an account, you agree to provide, at a minimum: name, username, and a valid e-mail address, and to keep that address up to date. If you wish to modify your Account information, or if you wish to terminate your Account, you may do so through the Services or otherwise by contacting our support available at cosmos-support@vastdata.com.
  • 2.2. Account Security.  You are responsible for maintaining the confidentiality of the login credentials (name, username and e-mail or any other access method implemented by Company) of your account and for all activities that occur thereunder. You agree not to disclose your login credentials to any third party, and you are responsible for any use or misuse performed through your account (including by any third party if you do choose to disclose these credentials). The account and the credentials to login thereto, are personal and may not be transferred to, used by, or shared with, any person that is not the specific User who initially registered such specific account, or otherwise, may not be shared between individuals. We reserve the right to temporarily suspend or permanently terminate your account if we determine that you or anyone on your behalf is using such accounts in a manner which violates these Terms.

3. Your Use of the Services

  • 3.1. We may continuously change, and update the Services offered through Cosmos, and the capabilities or offerings enabled therein. You acknowledge and agree that the Services or any features and capabilities therein, may at any time be suspended, changed and/or offered in limited versions or limited locations.
  • 3.2. Cosmos is an open-discussion community. However, there are certain kinds of conduct which are strictly prohibited. You may not, whether by yourself or anyone on your behalf, except as explicitly permitted hereunder: (i) copy, replicate, scrape, modify, create derivative works of, readapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the Services; (ii) create a browser or border environment around the Services and/or frame or mirror any part of the Services; (iv) remove or delete copyright notices and signs indicating proprietary rights, including copyright mark (©) or trademark (® or ™) ; (v) transmit, distribute, display or otherwise make available through or in connection with the Services any User Generated Content (“UGC” as defined below), which may infringe third party rights, including intellectual property and privacy rights, or which may contain any unlawful content; (vi) transmit or otherwise make available in connection with the Services, and/or use the Services to distribute and/or otherwise transmit any spam, virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Service, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) use or try to use another’s account on the Services without their specific permission; (ix) buy, sell or otherwise trade in user names or other unique identifies on the Services; (x) send advertisements, chain letters, or other solicitations through the Services; (xi) use the Services to gather addresses or other personal data for commercial mailing lists or databases; (xii) falsely imply that you’re affiliated with or endorsed by the Company; or (xiii) use the UGC and/or the Service for any illegal, immoral or unauthorized purpose.
  • 3.3. Violation of these restrictions may, at Company's sole discretion, result in the suspension and/or termination of your access to the Services and may also expose you to civil and/or criminal liability. The Services are also not available to any persons restricted from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
  • 3.4. Copyrights of others: Copyright laws in certain jurisdictions across the globe recognize the “fair use” doctrine, pursuant to which, in certain circumstances, permission is not required for the use of copyrighted work from the copyright owner. Examples include use for criticism, parody, satire, news reporting, education, commentary, and research. Fair use is ultimately determined by a court of law, and the Company is unable to advise in that regard. We encourage you to seek legal advice if you have any questions about using the copyrighted work of others. For more information about fair use, you can visit the U.S. Copyright Office Fair Use Index.

4. Community Content

  • 4.1. User-Generated Content. We allow Users to submit content, text, audio, code, videos, links or other materials for display and publication in various forums on the Website all in accordance with the Terms, including without limitation and without any obligation on Company’s part (the “UGC”). Nothing in these Terms gives Company any ownership rights in intellectual property in or to the UGC that you share with the Services, such as UGC, (as defined below) you submit to one of the Cosmos’ forums. Nothing in these terms gives you any ownership rights in the Company’s Intellectual Property, nor in UGC which was uploaded or otherwise belongs to another User(s).
  • 4.2. UGC Ownership Rights. As between you and Company and the other Users of the Services, you shall remain the exclusive owner of the original UGC which you submit and publish under the Services. You agree not to wrongly imply that UGC posted or submitted to the Services is sponsored or approved by the Company. These terms do not obligate the Company to store, maintain, or provide copies of UGC you submit.
    Your Representations. By submitting UGC to Company Website, the User represent and warrant that: (i) the User has (or has obtained), all rights, licenses, consents, and permissions, necessary to grant the rights granted herein for any UGC posted, uploaded, submitted or shared on or through the Services, (ii) it is authorized to submit such UGC to Company and for processing by Company in accordance with the Terms, (iii) the UGC does not infringe any applicable law including but not limited to third-party's copyrights, trademarks, or other intellectual property rights, privacy rights, publicity rights, (iv) the UGC does not contain any defamatory, inappropriate, illegal, offensive or unethical content and that it complies with any of the Terms.
    You may upload to the Services hyperlinks to externally-published content that is made available outside the Services on other platforms (such as computer code repositories, scholarly papers, etc). Such externally published content may be subject to other rights, licenses or terms and conditions of use. All of your representations made above will apply to making available on the Services such externally published content.
  • 4.3. UGC Use Rights. By providing UGC to the Services, you hereby grant the Company and the other Users a non-exclusive, worldwide, irrevocable, perpetual, assignable, sub-licensable, royalty-free, fully paid license to: (i) publish, display and make the UGC publicly available including in connection with the Services and/or with other social media platforms, and (ii) view, copy, use, and make derivatives works of the UGC in any way. You also grant the Company a non-exclusive, worldwide, irrevocable, perpetual, assignable, sub-licensable, royalty-free, fully paid license to use the UGC for any use whatsoever including internal research and development of its services, marketing purposes, and in its promotional materials, some of which may be publicly available.
  • 4.4. Other Users who receive UGC you submit to the Services may violate the terms on which you license your UGC. You acknowledge and agree that the Company is unable to control such third-party behavior and will not be liable to you for such violations or their consequences.
  • 4.5. Company Authority. The Company reserves the right (but is not obligated) to moderate and review all submitted UGC. In the event a certain UGC submission is found to violate our Terms, third-party intellectual property rights, or is otherwise considered inappropriate by Company at our sole discretion, Company may take necessary actions, including removal of the UGC without prior notice.
  • 4.6. Removal of UGC: A User that has submitted UGC, may request Company in writing that it removes such UGC, in which event, Company shall use commercially reasonable efforts to promptly remove such UGC from the Company Website and it will no longer be publicly displayed or available to other Users through the Services. UGC will not be removed where removal of the UGC will restrict Company's ability to comply with applicable laws or defend its legal rights. If UGC is so retained, it will be retained by the Company only for the period necessary to fulfill the purposes for which it has been retained, and the license above shall continue until the UGC has been finally removed.
  • 4.7. Non-Reliance on UGC. The company makes no representations or warranties of any kind, express or implied, about the accuracy, reliability, suitability, or availability with respect to the UGC. Any reliance you place on such information is strictly at your own risk. Where UGC refers to third parties, and other websites and locations, User acknowledges and agrees that such third parties’ websites and locations, are not sponsored by or affiliated with Company, and that Company shall have no responsibility with respect to User’s interaction therewith.
  • 4.8. You acknowledge and agree that the Company may collect and process information regarding the configuration, performance, security, access to and use of the Services by you (“Usability Data”) for its internal business purposes including to develop, improve, support, secure and operate services and to fulfill legal obligations. The Usability Data is and shall remain owned by the Company. The Company’s use thereof will not identify any person, nor identify the User.

5. Recommendations

The Services may recommend you content, forums, and events in a number of ways. The data used to make those recommendations, as well as your options affecting them, are described in our Privacy Policy at https://community.thecosmos.ai/privacy.

6. Feedback

Company welcomes your feedback and suggestions for the community relating to the Services (collectively, “Feedback”), such Feedback is deemed as the sole and exclusive property of Company and you hereby irrevocably assign to Company all of your rights, title and interest in and to all Feedback, if any, and waive any moral rights you may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you shall not provide any Feedback which is subject to any third-party rights or any limitations and shall promptly inform Company as soon as you become aware of any third-party right or limitation which may apply to Feedback already provided by you.

7. Intellectual Property Rights in the Services

  • 7.1. The Services, and intellectual property rights therein, including in and to related logos, trademarks, graphics, icons, selection, assembly and arrangement, Company's trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” and any part thereof), whether or not registered and/or capable of being registered, and any and all Feedback, are and shall remain the sole property of Company or its licensors (hereafter “Company’s Intellectual Property”).
  • 7.2. Company is granting you, subject to your compliance with these Terms, a limited, personal (for your personal non-commercial uses), not exclusive, non-assignable, not-tradeable, non-sub-licensable, fully and immediately revocable at our discretion, license, to access and use the Service and any content by displaying the Service and content on your computer and/or mobile device. You hereby agree that upon Company’s request you will immediately return and purge from your systems all materials and copies of the same, collected, created or used in breach of these Terms.
  • 7.3. All other trademarks, Services marks, trade names and logos which may appear on or in connection with respect to the Services belong to their respective owners (“Third Party Marks”). No right, license, or interest to Company Intellectual Property or Third-Party Marks is granted hereunder.

8. Privacy Policy

  • 8.1. We respect your privacy and are committed to protecting the information you share with us in connection with your use of the Services. Our policy and practices and the type of information collected are described in our published Privacy Policy. If you intend to connect to, access or use the Services you must first read and agree to the Privacy Policyhttps://community.thecosmos.ai/privacy.
  • 8.2. Please note that sharing UGC that violates the privacy rights of others is strictly prohibited. Do not submit, share or publish any UGC that may contain personally identifiable information of any other individual.

9. Disclaimer of Warranties

  • 9.1. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, THE CONTENT, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICES (OR ANY PART THEREOF). THE SERVICES INCLUDING WITHOUT LIMITATION ANY CONTENT, UGC, MATERIALS, DATA AND INFORMATION MADE AVAILABLE THERETHROUGH OR RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. COMPANY AND ITS GROUP, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, LEGALITY, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY UGC, OR OTHER INFORMATION AVAILABLE, THROGH THE SERVICES.
  • 9.2. COMPANY DOES NOT WARRANT THAT THE WEBSITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE WEBSITE, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.

10. Indemnification

You agree to defend, indemnify and hold Company and the Group harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, and expenses (including attorney's fees) made against Company and/or the Group by others or by others using your account to the Services due to or arising directly or indirectly out of or in connection with your UGC or breach of these Terms. We will provide you with written notice of such claim, suit or action and we will allow you to assume the exclusive defense and control of any matter subject to Indemnification by you hereunder as long as you conduct such defense diligently.

11. Limitation of Liability

  • 11.1. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY AND/OR THE GROUP BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICES, USE OR INABILITY TO USE THE SERVICES, FAILURE OF THE SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, LOSS OF DATA OR PROFITS, THE PERFORMANCE OR FAILURE OF COMPANY TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF COMPANY BY ANY OTHER CAUSE WHATSOEVER (INCLUDING CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE), INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS.
  • 11.2. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF SERVICE, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, COMPANY'S LIABILITY TO THE EXTENT PERMITTED BY LAW SHALL IN NO EVENT EXCEED US$50. NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.
  • 11.3. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR COMPANY'S PROVISION OF THE SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF COMPANY AND/OR ANY OF ITS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES.

12. DMCA Notice

It is Company's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you are a copyright owner or an agent thereof and believe that any UGC shared in our Service infringes upon your copyrights, you may submit a notification pursuant to the DMCA requirements to our copyright agent at [hyperlink].

13. Amendments to the Terms

The Company may change these Terms from time to time, at its sole discretion and without any notice. We will notify you regarding substantial changes to these Terms on the Services and/or we will send you communication regarding such changes to the email address or other details that you provided if you have created an account or to announce the updates with special messages or alerts on the Website. Such substantial changes will take effect seven (7) days after such notice was sent via email or provided on the Website. Once you get notice of an update to these Terms, you must agree to the new Terms in order to keep using the Services. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

14. Minors

To enjoy the Services, you must be over the age of thirteen (13). We reserve the right to request proof of age at any stage so that we can verify that individuals under the age of thirteen are not using the Services. In the event that it comes to our knowledge that an individual under the age of thirteen is using the Services, we will prohibit and block such User from accessing the Services and will make all efforts to promptly delete any Personal Information in accordance with our Privacy Policy.

15. Termination

  • 15.1. Either you or the Company may end the agreement written out in these Terms at any time. When our agreement ends, your permission to use the Services also ends.
  • 15.2. The following section shall continue after our agreement ends: 1, 3, 4, 6, 7, 9-11, 15-18

16. Dispute Resolution; Arbitration; Class Action Waiver

  • 16.1. Please read this section carefully. It affects your rights by requiring you to arbitrate disputes with the Company and limits the manner in which you can seek relief. It further provides that you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. This section of the Terms shall be referred to as the “Arbitration Agreement.”
  • 16.2. We will try to work in good faith to resolve any issue you have with our Services, if you bring that issue to the attention of the Company support team. However, we realize that there may be rare cases where we may not be able to resolve an issue to a User's satisfaction.
  • 16.3. You and Company agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Service or your use of our Services and/or any third parties embedded therein shall be determined by binding arbitration on an individual basis rather than in court, except that you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
  • 16.4. Arbitration Procedures

    • 16.4.1. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Service and any other contractual relationship between you and the Company.
    • 16.4.2. BY AGREEING TO ARBITRATION WITH THE COMPANY (INCLUDING, WITHOUT LIMITATIONS, THE SERVICES), YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING CLAIMS AGAINST THE COMPANY (INCLUDING, WITHOUT LIMITATION, SERVICES) ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING.
    • 16.4.3. If you desire to assert a claim against Company, and you therefore elect to seek arbitration, you must first send to Company, by e-mail, a notice of your claim (“Notice”). The Notice to Company should be addressed to: __cosmos-support@vastdata.com (“Notice Address”) and should state in the “subject line” of the e-mail “LEGAL NOTICE” in all capital letters. If Company desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent email address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If the Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and will be administered by the AAA.
    • 16.4.4. Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
  • 16.5. Arbitration Fees

    • 16.5.1. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Company or you under the AAA Rules, Company and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.
  • 16.6. Confidentiality

    • 16.6.1. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
  • 16.7. Prohibition of Class and Representative Actions and Non-Individualized Relief

    • 16.7.1. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim, EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
  • 16.8. Severability

    • 16.8.1. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

17. General

These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. These Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Company submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without the Company’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

18. Contact Us

If you wish to receive more information on these Terms or send questions to the Company, please contact us using the following details: Vast Data Ltd. Email: cosmos-support@vastdata.com. The Company may notify you under these Terms using the e-mail address you provide for your account on the Services.