Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Cozy Technologies, Inc. (“Cozy,” “we,” “us,” or “our”). They govern your access to and use of https://www.getcozy.org, the Cozy mobile applications, and the ambient audio, video, software, features, and related services we provide (collectively, the “Services”).

1. Agreement to these Terms

You accept these Terms by downloading an app, creating an account, purchasing a subscription, clicking to accept, or otherwise accessing or using the Services.

Our Privacy Policy explains how we handle personal information. Additional terms displayed at purchase or within a particular feature form part of these Terms. If you obtain an app through an app marketplace, the marketplace’s terms and applicable end-user license agreement also apply. If those terms conflict with these Terms, they control only to the extent required for your use of that marketplace.

2. Eligibility and accounts

You must be at least 13 years old and legally permitted to use the Services. If you are under the age of legal majority where you live, your parent or legal guardian must review and agree to these Terms for you. The Services are not directed to children under 13.

If accounts are available, you agree to provide accurate and current information, keep your credentials confidential, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account unless caused by our breach of these Terms or applicable law. You may not sell, transfer, or share your account or use another person’s account without permission.

You may request deletion of your account through the app, where available, or by contacting us. Deleting an account does not automatically cancel a subscription purchased through an app marketplace; you must separately cancel it through that marketplace.

3. The Cozy service

Cozy provides ambient audio, video, and immersive scenes intended for personal entertainment, focus, relaxation, and general wellness. The available content, features, quality, and device compatibility may vary by platform, plan, country, and version.

Cozy is not a medical or healthcare service. The Services do not provide medical advice, diagnosis, or treatment and are not a substitute for professional care. Do not use Cozy when doing so could distract you or create a safety risk, including while driving, cycling, operating machinery, or performing tasks requiring attention. If you believe you may have a medical emergency, contact emergency services.

4. License and acceptable use

4.1 Limited license

Subject to these Terms and any applicable marketplace usage rules, Cozy grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download, access, and use the Services and included content on devices you own or control for your private, non-commercial use. The Services are licensed, not sold, and we reserve all rights not expressly granted.

This license does not include a right to publicly perform, broadcast, rebroadcast, exhibit, distribute, monetize, or commercially use Cozy audio, video, artwork, or other content. A personal subscription does not license Cozy content for businesses, venues, livestreams, videos, podcasts, advertising, classes, or public events.

Content made available for offline use is a temporary licensed copy, not a sale or permanent download. Offline content may become unavailable when your subscription ends, a license expires, you sign out, or the app requires an update or periodic internet connection.

4.2 Prohibited conduct

You may not, and may not help anyone else to:

• copy, record, reproduce, republish, upload, post, transmit, redistribute, sell, rent, sublicense, publicly perform, or create derivative works from the Services or content except as expressly permitted by us or applicable law;
• reverse engineer, decompile, disassemble, derive source code from, or circumvent digital-rights management or technical protections, except where applicable law expressly permits it;
• scrape, crawl, index, mine, download in bulk, or use bots or other automated means to access the Services or content without our written permission;
• use Cozy content, output, metadata, or the Services to train, test, or improve a machine-learning or artificial-intelligence model without our written permission;
• bypass geographic, subscription, access, security, playback, or usage limits, or conceal your identity or location to evade them;
• interfere with the Services, probe for vulnerabilities, introduce malicious code, overload infrastructure, or access another person’s account or data without authorization;
• remove or alter copyright, trademark, attribution, or proprietary notices;
• use the Services to violate law, another person’s rights, marketplace rules, or applicable network and data-service terms; or
• use the Services in a way that could harm Cozy, our licensors, our users, or any other person.

5. Subscriptions and purchases

5.1 Paid features

Some Services may require a paid subscription or one-time purchase. Before you confirm a purchase, the purchase screen will show the price, currency, billing interval, included features, trial terms if any, and other material conditions. Taxes may be added where required. You authorize the applicable marketplace or payment provider to charge the payment method associated with your account.

5.2 Automatic renewal

Unless the purchase screen says otherwise, subscriptions automatically renew for successive periods of the same length until canceled. The marketplace or payment provider will charge you at the then-current price at the start of each renewal period. To avoid renewal, cancel before the deadline shown by the provider. Deleting Cozy or your Cozy account does not cancel a subscription.

5.3 Trials and promotions

A free or discounted trial may convert to a paid, automatically renewing subscription unless you cancel before the trial ends. Eligibility and duration may be limited, and we may modify or withdraw an offer as permitted by law. If you cancel during a trial, access may end immediately or at the end of the trial, depending on the provider’s rules.

5.4 Cancellation, price changes, and refunds

Manage or cancel a marketplace subscription through the subscription settings of the account used to purchase it. Cancellation ordinarily takes effect at the end of the current paid period, and you retain access until then. We or the provider may change subscription prices with the notice and consent required by law and marketplace rules.

Payments are non-refundable and we do not provide credits for partially used periods except where required by law, stated in the purchase terms, or allowed by the payment provider. For an App Store or Google Play purchase, refund eligibility and processing are controlled by the relevant marketplace. Nothing in these Terms limits mandatory refund, cancellation, or withdrawal rights available to you under local law.

6. Third-party services

The Services may depend on or link to app marketplaces, authentication services, device features, social networks, websites, content providers, or other third-party services. Their availability, content, and practices are outside our control and governed by their own terms. We do not endorse and are not responsible for third-party services, except to the extent responsibility cannot be excluded by law.

You are responsible for any internet, mobile-data, equipment, and other third-party charges associated with using the Services.

7. Ownership and feedback

Cozy and its licensors own the Services and all related software, designs, interfaces, trademarks, logos, audio, music, video, images, animations, text, compilations, and other content, including all intellectual-property rights in them. Content may be owned by our licensors and remains subject to their rights. These Terms do not transfer ownership to you.

If you voluntarily send suggestions, ideas, or other feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use it for any lawful purpose without restriction or compensation. This does not give us ownership of personal information contained in feedback; our use of that information remains subject to the Privacy Policy.

If you believe material in the Services infringes your copyright or other intellectual-property rights, contact us with your name and contact information, identification of the protected work, the material at issue and its location, a good-faith statement explaining the claim, and a statement that the information you provide is accurate and you are authorized to act for the rights holder.

8. Updates and availability

We may release updates, patches, or new versions and may require you to install them to continue using some features. We may add, modify, suspend, or discontinue content or functionality to improve the Services, address security or legal needs, manage licenses, or for other legitimate business reasons. We do not promise that particular scenes, tracks, features, or downloads will always remain available.

We will make reasonable efforts to provide notice if a change materially reduces a paid Service during your current subscription period. Your rights and remedies for such a change are subject to applicable law and marketplace rules. Temporary interruptions may occur for maintenance, outages, or circumstances beyond our reasonable control.

9. Suspension and termination

You may stop using the Services at any time. We may suspend or terminate access, remove content from your account, or take other reasonable action if you materially or repeatedly violate these Terms, create security or legal risk, misuse the Services, fail to pay applicable charges, or if required by law. When reasonably possible, we will provide notice and an opportunity to address the issue.

Upon termination, your license ends and you must stop using the Services and delete copies in your possession. Provisions that by their nature should survive will survive, including those concerning ownership, disclaimers, liability, indemnification, disputes, and general terms. Termination does not automatically cancel a marketplace subscription.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. COZY AND ITS LICENSORS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, AND SECURITY.

We do not warrant that the Services will be uninterrupted, error-free, secure, or compatible with every device; that defects will be corrected; or that any scene, sound, recommendation, or other content will achieve a particular result. Use of the Services is at your own risk. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COZY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR SERVICE INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COZY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO COZY FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US$100.

These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, which may include liability for fraud, willful misconduct, gross negligence, death or personal injury caused by negligence, or violation of mandatory consumer rights.

12. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Cozy and its affiliates, officers, directors, employees, and agents from third-party claims, liabilities, damages, judgments, losses, and reasonable costs and legal fees arising from your unlawful use of the Services, material breach of these Terms, or infringement of another person’s rights. This section does not require you to indemnify a Cozy party for its own fraud, willful misconduct, gross negligence, or other conduct for which indemnification cannot lawfully be required.

13. Governing law and disputes

13.1 Informal resolution

Before filing a formal claim, you and Cozy agree to try in good faith to resolve the dispute informally for 30 days. Send a written notice to legal@getcozy.org describing your name and contact information, the issue, and the relief requested. We will send notices to the email address associated with your account, if available. Either party may seek urgent injunctive relief when necessary to prevent immediate harm.

13.2 Law and courts

These Terms and disputes arising from them are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Subject to the informal process above, you and Cozy consent to exclusive jurisdiction and venue in the state and federal courts located in Delaware. You may bring an eligible individual claim in small-claims court.

If the law where you live gives you mandatory consumer protections or a right to bring a claim in local courts, this section does not take those protections or rights away. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.3 Time to bring claims

To the extent permitted by law, a claim arising out of these Terms or the Services must be filed within one year after the claim arose; otherwise, it is permanently barred. This limitation does not apply where local law prohibits it.

14. App-store terms

If you download Cozy from the Apple App Store, Apple’s Licensed Application End User License Agreement applies to your license to the iOS app unless Apple presents a custom license at download. Apple is not a party to these Terms and is not responsible for providing the Services or support, except as stated in Apple’s terms and required by law.

If you download Cozy from Google Play or another marketplace, your use of the app is also subject to that marketplace’s usage rules and terms. You must comply with applicable third-party agreements, including your wireless-data agreement, when using the Services.

14.1 Export and sanctions compliance

You may not use, export, or re-export the Services except as authorized by United States law and the laws of the jurisdiction where you obtained them. You represent that you are not located in a country subject to a comprehensive U.S. government embargo and are not listed on a U.S. government prohibited- or restricted-party list. You may not use the Services for any purpose prohibited by applicable export-control or sanctions laws.

15. Changes to these Terms

We may update these Terms to reflect changes in the Services, law, or our business. We will post the revised Terms and update the date above. If a change materially affects your rights, we will provide additional notice when required. Changes apply prospectively from their effective date. By continuing to use the Services after that date, you agree to the revised Terms. If you do not agree, you must stop using the Services.

16. General terms

• Entire agreement. These Terms, the Privacy Policy, purchase terms, and any other terms expressly incorporated by reference are the entire agreement between you and Cozy regarding the Services and supersede prior agreements on that subject.
• Severability. If a provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
• No waiver. A failure to enforce a provision is not a waiver. Any waiver must be in writing and signed by Cozy.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law, subject to applicable law.
• No third-party beneficiaries. Except as expressly stated in applicable marketplace terms, these Terms do not create rights for third parties.
• Electronic communications. You agree that notices and transactions may be provided electronically, subject to your rights under applicable law.
• Headings. Headings are for convenience only and do not affect interpretation.

17. Contact us

Questions, complaints, and claims regarding the Services may be sent to: