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Kosmik Compute Terms and Conditions

  • Provider: Kosmik Compute s.r.o., Karla Dvořáčka 608/1, 68323 Ivanovice na Hané, Czech Republic, Company ID / IČO: 29645301 (“Kosmik Compute”, “we”, “us” or “our”)
  • Contact: info@koscompute.com
  • Website: https://koscompute.com

These Terms and Conditions (“Terms”) govern access to and use of Kosmik Compute’s API, inference infrastructure, hosted models, dashboards, account systems, support channels and related AI compute services (together, the “Services”).

The Services are intended for business, professional, developer, marketplace, router, reseller and institutional use. They are not intended for consumer use.

By accessing or using the Services, creating an account, receiving an API key, integrating the Services, or otherwise confirming acceptance, you agree to these Terms on behalf of yourself and, where applicable, the entity you represent. If you act on behalf of an entity, you confirm that you have authority to bind that entity.

1. Privacy Policy

The only external document incorporated into these Terms is the Kosmik Compute Privacy Policy:

Kosmik Compute Privacy Policy

The Privacy Policy governs privacy, data protection, customer content handling, Zero Data Retention commitments, operational metadata, retention, processor/subprocessor matters, international transfers, incident handling and related data-processing issues.

No separate Data Processing Addendum, Acceptable Use Policy, Security Policy, service-specific documentation or pricing page is incorporated into these Terms unless expressly agreed in a signed client-specific agreement.

Security, acceptable use and pricing terms are included directly in these Terms.

If these Terms and the Privacy Policy conflict on a privacy, data protection, data retention, data subject rights, processor/subprocessor or security-of-processing matter, the provision giving the higher level of protection to the relevant data subject will prevail, unless mandatory law requires a different result.

2. Order of Precedence

Client-specific terms are intentionally handled separately.

If there is a conflict between documents, the following order applies, from highest to lowest priority:

  1. a signed written agreement with the specific client, marketplace, router, reseller or integration partner;
  2. any signed order form, statement of work, marketplace/router agreement, production access confirmation, service level agreement, data processing agreement or other written commercial document agreed with that client;
  3. any written pricing, capacity, support, security, privacy, technical or operational terms expressly confirmed by Kosmik Compute for that client;
  4. these Terms;
  5. the Privacy Policy, only for the matters it governs.

No production API key will be issued until the commercially relevant terms for that client, marketplace, router, reseller or integration partner have been confirmed. Once confirmed, those client-specific terms have higher legal force than these general Terms if they conflict.

3. Definitions

“API” means Kosmik Compute’s application programming interface and compatible endpoints.

“API Key” means a credential issued by Kosmik Compute to access the Services.

“Customer”, “you” or “your” means the person or entity accessing or using the Services.

“Input” means any data, text, image, audio, prompt, file, instruction, context or other content submitted to the Services.

“Output” means any response, text, image, transcription, data or other result generated by the Services in response to Input.

“Customer Content” means Input and Output together.

“End User” means any person or entity that accesses or benefits from your application, integration, marketplace, router, resale, product or service using the Services.

“Privacy Policy” means the Kosmik Compute Privacy Policy available at https://koscompute.com/privacy-policy/.

“Production API Key” means an API Key expressly designated by Kosmik Compute for production use.

“Test API Key” means an API Key designated by Kosmik Compute for testing, trial, evaluation, development, benchmarking, compatibility, security testing or other non-production use.

“Usage Data” means operational, billing, security and observability metadata processed by Kosmik Compute, excluding stored raw prompts and stored raw outputs unless otherwise agreed.

“Zero Data Retention” means Kosmik Compute’s policy of not storing, logging or retaining prompts, completions, request bodies, response bodies, Authorization headers or raw API keys beyond the transient processing necessary to provide the requested inference response.

4. Services

Kosmik Compute provides infrastructure for AI inference, including OpenAI-compatible API endpoints and related services. Available models, endpoints, parameters, context windows, modalities, throughput, regions, capacity and features may change over time.

The Services may include text generation, code generation, image generation or editing, audio transcription, routing, load balancing, observability, model metadata, billing metadata and related functions.

The Services are probabilistic and may produce incorrect, incomplete, outdated, misleading, offensive, unsafe or unsuitable Output. You are responsible for evaluating Output before using or sharing it.

Unless expressly agreed in a signed production agreement, Kosmik Compute does not guarantee:

  • uninterrupted availability;
  • minimum latency;
  • minimum throughput;
  • model availability;
  • model behavior stability;
  • deterministic Output;
  • Output accuracy;
  • Output legality;
  • Output non-infringement;
  • compatibility with every OpenAI client, SDK, router or marketplace implementation;
  • suitability for regulated, high-risk or safety-critical use.

5. Changes to Services

Kosmik Compute may modify, improve, degrade, discontinue, replace, rename, reprice, suspend or limit any Service, model, endpoint, route, parameter, feature, capacity profile, context window, backend, infrastructure component or dashboard.

For production clients, Kosmik Compute will use commercially reasonable efforts to provide advance notice of material adverse changes where practical. Notice may be shorter or absent where changes are required for security, legal compliance, provider constraints, infrastructure reliability, abuse prevention, emergency maintenance or third-party model/license issues.

6. Test API Keys

Test API Keys may be used for lawful testing, benchmarking, integration work, compatibility checks, security testing, load testing, latency testing and other evaluation purposes, subject to these Terms, documented limits and any instructions provided with the key.

Test API Keys are provided strictly as-is, as available, and without any warranty, service level, availability commitment, support commitment, continuity commitment, production suitability representation, security certification, indemnity or guarantee of any kind.

Kosmik Compute may throttle, suspend, rotate, revoke, expire, disable or delete Test API Keys at any time, with or without notice.

You must not rely on Test API Keys for production workloads, customer-facing workloads, regulated workloads, paid services, critical systems or irreversible decisions.

To the maximum extent permitted by law, Kosmik Compute has no responsibility or liability for any loss, damage, outage, data issue, incorrect Output, security issue, business interruption, failed benchmark, integration failure, customer claim or other consequence arising from or related to Test API Keys.

Nothing in this section limits liability that cannot be excluded under applicable law.

7. Production API Keys

Production API Keys are issued only after Kosmik Compute and the relevant client, marketplace, router, reseller or integration partner have confirmed the applicable commercial, technical, legal and operational terms.

Production access may be subject to one or more of the following:

  • agreed pricing;
  • agreed model list;
  • capacity limits;
  • concurrency limits;
  • rate limits;
  • billing arrangements;
  • payment terms;
  • support terms;
  • service level terms;
  • privacy and data processing terms;
  • security review;
  • marketplace/router requirements;
  • abuse monitoring requirements;
  • jurisdictional or regulatory restrictions.

You must keep API Keys confidential and secure. You are responsible for all activity under your API Keys, including activity by your employees, contractors, affiliates, customers, end users, systems, agents and integrations.

You must promptly notify Kosmik Compute if you suspect that an API Key has been compromised, disclosed, misused or accessed without authorization.

You may not sell, transfer, sublicense, publish, share or expose API Keys except as expressly agreed in writing with Kosmik Compute.

8. Marketplaces, Routers, Resellers and Integration Partners

If you operate a marketplace, router, API aggregator, reseller, gateway, proxy, developer platform or similar service, you are responsible for:

  • ensuring that your end users comply with these Terms, your agreement with Kosmik Compute and applicable law;
  • preventing unauthorized use, abuse, fraud, sanctions violations, security attacks and prohibited content;
  • maintaining commercially reasonable abuse monitoring and response procedures on your side;
  • providing accurate attribution, model naming, pricing and usage information where required;
  • ensuring that your own terms with end users do not conflict with your obligations to Kosmik Compute;
  • paying all amounts due for usage under your API Keys, unless otherwise agreed in writing.

A marketplace, router or reseller may not represent that Kosmik Compute provides direct contractual commitments, warranties, SLAs, indemnities or support to that marketplace’s end users unless Kosmik Compute expressly agrees in writing.

9. Pricing and Billing

Unless a written agreement with a specific client states otherwise, pricing is governed by the pricing information exposed through Kosmik Compute’s models API endpoint:

https://api.koscompute.com/v1/models

Kosmik Compute may also display or communicate pricing through invoices, written quotes, account dashboards, emails or other official business communications. If those sources conflict, the following order applies:

  1. signed client-specific agreement;
  2. signed order form or production access confirmation;
  3. written quote or written client-specific pricing confirmation;
  4. pricing exposed through https://api.koscompute.com/v1/models;
  5. other non-binding public or marketing materials.

If API-published pricing and a signed client-specific agreement conflict, the signed client-specific agreement controls.

Usage-based fees may be calculated using Kosmik Compute’s metering, including tokens, requests, images, audio duration, model type, route, modality, context size, output size, concurrency, reserved capacity or other relevant units.

Kosmik Compute’s usage records are the authoritative basis for billing unless the parties agree otherwise in writing.

Fees are exclusive of VAT, sales tax, withholding tax, duties, bank fees and similar charges unless stated otherwise. You are responsible for applicable taxes and charges, except taxes based on Kosmik Compute’s income.

Invoices are payable according to the payment terms stated in the applicable invoice, order form or agreement. If no payment period is stated, invoices are payable within fourteen days of issue.

Kosmik Compute may suspend or limit access for overdue undisputed amounts, payment failure, suspected fraud, abnormal usage, credit risk or breach of these Terms.

Billing disputes must be raised in writing within thirty days of the relevant invoice or usage statement. You must pay all undisputed amounts on time.

10. Customer Content

As between you and Kosmik Compute, you retain rights in your Input. To the extent permitted by law and subject to third-party rights, you may use Output generated for you through the Services.

You are responsible for Customer Content, including:

  • having all rights, licenses, consents and legal bases required to submit Input;
  • ensuring Customer Content complies with applicable law;
  • ensuring Customer Content does not infringe third-party rights;
  • evaluating Output before use;
  • deciding whether human review is required;
  • ensuring your applications and end-user flows are lawful, safe and appropriate;
  • maintaining required notices, consents and disclosures to end users.

Kosmik Compute does not verify that Customer Content is lawful, accurate, complete, non-infringing or suitable for your use case.

11. Zero Data Retention and Usage Data

Kosmik Compute’s handling of Customer Content, Zero Data Retention commitments, operational metadata and related privacy/data-processing matters is governed by the Privacy Policy and these Terms.

Unless otherwise agreed or required by law, Kosmik Compute’s standard API infrastructure is designed not to store raw prompts, completions, request bodies, response bodies, Authorization headers or raw API keys.

Kosmik Compute may process and retain operational, security, abuse-prevention, billing and observability metadata, including model name, route, status code, token counts, timing metrics, hashed API key, key alias, error class, request identifiers, usage totals, rate-limit events, upstream instance, request outcome and similar technical metadata.

Kosmik Compute may use such metadata to provide, secure, monitor, debug, improve, bill and protect the Services, provided that it does not include stored raw prompts or stored raw responses unless separately agreed.

Kosmik Compute does not use this section as a basis to access, store, log, inspect or retain raw prompts, completions, request bodies, response bodies, Authorization headers or raw API keys.

Abuse prevention, security review, billing review and operational troubleshooting are performed on a Zero Data Retention basis, using metadata and infrastructure signals rather than retained Customer Content.

You are responsible for determining whether personal data may lawfully be submitted to the Services and for providing any legally required notices and consents.

You must not submit special-category personal data, protected health information, payment card data, government identifiers, children’s data, biometric identifiers or other highly sensitive data unless Kosmik Compute has expressly agreed in writing that the relevant Service is suitable for that processing.

12. Security

Kosmik Compute uses technical and organizational measures designed to protect customer data, personal data, API credentials, service infrastructure and production systems.

Kosmik Compute’s security controls may include encrypted transport, network segmentation, firewall controls, access restrictions, least-privilege access, role-based administrative access, secrets management, administrative access logging, content-excluding logs, backup controls, patching, dependency management, incident response procedures, vulnerability management, access reviews and separation of Customer Content from retained business records and operational metadata.

Kosmik Compute does not guarantee that unauthorized access, outages, vulnerabilities, incidents, misconfigurations or attacks will never occur. No method of transmission, hosting, processing or storage is completely secure.

You are responsible for implementing appropriate security controls for your own systems and integrations, including:

  • protecting API Keys and credentials;
  • restricting access to authorized personnel and systems;
  • rotating keys where appropriate;
  • monitoring your own usage for abnormal activity;
  • promptly notifying Kosmik Compute of suspected compromise;
  • preventing end users from accessing raw API Keys;
  • using secure transport;
  • validating that your own applications handle Output safely;
  • ensuring that your use of the Services matches your legal, privacy, security and compliance requirements.

Kosmik Compute may suspend, rotate, disable or restrict API Keys or accounts where necessary to protect the Services, customers, third parties, infrastructure, data, security or legal compliance.

13. Acceptable Use

You must not use the Services, and must not allow others to use the Services, to:

  • violate applicable law or regulation;
  • infringe intellectual property, privacy, publicity, contractual or other rights;
  • generate, distribute or facilitate malware, credential theft, phishing, spam, bot abuse or unauthorized access;
  • attack, overload, scan, reverse engineer, scrape, extract, benchmark in violation of written limits, or disrupt Kosmik Compute or third-party systems;
  • conduct unauthorized vulnerability testing, penetration testing, load testing or security testing;
  • bypass rate limits, safety systems, monitoring, access controls or usage restrictions;
  • misrepresent Output as human-generated where disclosure is legally required;
  • make automated decisions in regulated, high-impact or safety-critical contexts without appropriate legal basis, safeguards and human oversight;
  • process prohibited or restricted data without written authorization;
  • violate sanctions, export control, anti-bribery, anti-money laundering or similar rules;
  • resell, proxy or route access except as expressly agreed;
  • use the Services in a manner that creates material legal, security, operational, reputational or financial risk to Kosmik Compute.

Authorized testing with a Test API Key is permitted only within the scope, limits and instructions applicable to that key.

Kosmik Compute may decide, in its reasonable discretion, whether usage creates a security, abuse, legal, operational, reputational or financial risk.

14. High-Risk Use

The Services are not designed for use as the sole basis for decisions or actions in safety-critical, regulated or high-impact domains, including healthcare, legal services, employment, credit, insurance, housing, education access, biometric identification, law enforcement, migration, critical infrastructure, weapons, emergency response or other contexts where errors may cause death, personal injury, unlawful discrimination, material financial harm, deprivation of rights or significant legal consequences.

You may use the Services in such contexts only if you implement appropriate safeguards, expert human review, testing, monitoring, documentation, legal compliance, risk assessment and fallback procedures, and only where such use is lawful.

Kosmik Compute is not responsible for decisions you make based on Output.

15. No Professional Advice

Output does not constitute legal, medical, financial, tax, accounting, engineering, security, safety or other professional advice.

You must not rely on Output as a substitute for qualified professional judgment.

16. Third-Party Models and Components

The Services may use third-party models, open-source models, third-party software, drivers, libraries, datasets, hosting components, data centers, networks, infrastructure providers and other components.

Some models may be subject to third-party model licenses, acceptable use restrictions, attribution requirements, field-of-use restrictions or other model-specific terms.

You are responsible for ensuring that your use of each model, Input and Output complies with any model terms that apply to you.

If a model-specific license imposes stricter restrictions for a particular model, those stricter restrictions apply to use of that model.

Kosmik Compute does not guarantee that any specific third-party model or component will remain available, unchanged, compatible, licensed for every use case, or free from third-party claims.

17. API Compatibility

Kosmik Compute may provide OpenAI-compatible endpoints or other compatibility layers. Compatibility means that Kosmik Compute aims to support common request and response formats. It does not mean that Kosmik Compute is affiliated with OpenAI or that every parameter, SDK, streaming behavior, error code, model behavior, tool call, reasoning format or edge case will match another provider exactly.

You are responsible for testing compatibility before production use.

18. Suspension and Restriction

Kosmik Compute may immediately suspend, throttle, restrict, rotate, revoke or terminate access to the Services if:

  • you breach these Terms or an applicable agreement;
  • payment is overdue;
  • usage creates security, legal, operational, reputational or financial risk;
  • usage appears abusive, fraudulent, unlawful or harmful;
  • an API Key is compromised or suspected to be compromised;
  • required by law, regulator, court order, sanctions, export control or third-party provider restriction;
  • necessary to protect infrastructure, customers, third parties or the public;
  • capacity is exhausted or infrastructure is degraded;
  • the Services are being used outside agreed limits.

Where practical and appropriate, Kosmik Compute will provide notice and an opportunity to cure. Notice is not required for Test API Keys, emergencies, security threats, illegal activity, abuse, infrastructure protection or legal compliance.

19. Confidentiality

Each party may receive non-public technical, business, financial, security, pricing, customer, infrastructure or legal information from the other party (“Confidential Information”).

The receiving party must protect Confidential Information using reasonable care and may use it only for purposes related to the Services or the parties’ agreement.

Confidential Information does not include information that is publicly available without breach, independently developed, lawfully received from a third party, or already known without confidentiality obligation.

A party may disclose Confidential Information where required by law, court order or regulator, provided it gives prior notice where legally permitted.

API Keys, non-public pricing, security information, infrastructure details, benchmark results shared under confidentiality, and private client terms are Kosmik Compute Confidential Information.

20. Intellectual Property

Kosmik Compute and its licensors retain all rights in the Services, software, infrastructure, APIs, dashboards, trademarks, systems, know-how, security architecture, routing logic, monitoring, metrics design and other proprietary materials.

Subject to these Terms, Kosmik Compute grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Services during the applicable term.

You may not reverse engineer, decompile, disassemble, extract model weights from, circumvent, copy, modify, create derivative services from, benchmark for competitive model extraction, or otherwise misuse the Services except to the extent such restrictions are prohibited by law.

If you provide feedback, suggestions or improvement ideas, Kosmik Compute may use them without restriction or compensation.

21. No Training on Customer Content

Unless expressly agreed in writing, Kosmik Compute does not use Customer Content submitted through the API to train, fine-tune or improve models.

This restriction does not prevent Kosmik Compute from using operational metadata that does not include stored raw prompts or raw outputs to operate, secure, monitor, debug, bill and improve the Services.

22. Warranties and Disclaimers

Each party represents that it has legal authority to enter into these Terms.

Except as expressly stated in a signed production agreement, the Services are provided as-is and as available.

Kosmik Compute disclaims all warranties, representations and conditions, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, uninterrupted operation, security, accuracy, reliability, compatibility, regulatory compliance, model suitability and Output correctness.

Kosmik Compute does not warrant that Output will be accurate, complete, lawful, safe, non-infringing, unbiased, current, appropriate or suitable for your use case.

You are responsible for validating Output and implementing appropriate safeguards.

23. Indemnity

You will defend, indemnify and hold harmless Kosmik Compute, its affiliates, personnel, contractors, officers, directors and suppliers from and against claims, damages, liabilities, penalties, fines, losses, costs and expenses, including reasonable legal fees, arising out of or related to:

  • your Customer Content;
  • your applications, products, services, integrations or end-user offerings;
  • your breach of these Terms or a client-specific agreement;
  • your violation of law;
  • your infringement or alleged infringement of third-party rights;
  • your use of Output;
  • your end users’ use of the Services;
  • unauthorized use of your API Keys caused by your failure to secure them.

You must reasonably cooperate in the defense of any indemnified claim. Kosmik Compute may control the defense and settlement, provided that no settlement may impose non-monetary obligations, admission of liability or payment obligation on you without your consent.

Kosmik Compute has no obligation to indemnify you unless expressly agreed in a signed production agreement.

24. Limitation of Liability

To the maximum extent permitted by law, Kosmik Compute will not be liable for indirect, incidental, special, consequential, punitive or exemplary damages, lost profits, lost revenue, loss of business, loss of goodwill, loss of anticipated savings, loss of data, business interruption, procurement of substitute services, customer claims, model errors, Output errors, latency, downtime, failed integrations, failed benchmarks, security incidents not caused by Kosmik Compute’s willful misconduct, or inability to use the Services.

For Test API Keys, Kosmik Compute’s aggregate liability is zero to the maximum extent permitted by law.

For Production API Keys, unless a client-specific agreement states otherwise, Kosmik Compute’s total aggregate liability arising out of or related to the Services will not exceed the lower of:

  1. the fees actually paid by you to Kosmik Compute for the affected Services during the six months immediately preceding the event giving rise to liability; or
  2. EUR 1,000,000.

The limitations above do not apply to liability that cannot be limited under applicable law, or to liability caused by Kosmik Compute’s willful misconduct.

The exclusions and limitations in this section allocate risk between the parties and form an essential basis of the commercial relationship, including the pricing of the Services.

25. Service Levels and Support

No service level, uptime commitment, response time, support commitment, credit, remedy or availability guarantee applies unless expressly agreed in a signed production agreement or service level agreement.

Support may be provided by email, chat, ticketing system or another channel designated by Kosmik Compute. Support availability may vary by client, plan, production status, severity and agreement.

Service credits, if any, are the sole and exclusive remedy for the relevant service level failure unless a signed agreement states otherwise.

26. Term and Termination

These Terms start when you first access or use the Services and continue until terminated.

You may stop using the Services at any time. You remain responsible for all fees, obligations and liabilities incurred before termination.

Test API Keys and non-production access may be suspended, restricted, expired or terminated by Kosmik Compute at any time, with or without notice.

Production access may be terminated according to the applicable client-specific agreement.

If no client-specific agreement governs termination of Production access, either party may terminate Production access on thirty days’ written notice.

Kosmik Compute may suspend or terminate access immediately if required by law, court order, sanctions, export control, security necessity, infrastructure protection, non-payment, suspected API Key compromise, material breach, unlawful use, abusive use, or use outside agreed limits.

Upon termination, your right to access the Services ends immediately. You must stop using API Keys and delete or secure any credentials and Confidential Information as required by the applicable agreement.

Consistent with Zero Data Retention, Kosmik Compute does not retain Input or Output after termination. Kosmik Compute may retain operational, billing, security and legal metadata as described in the Privacy Policy and these Terms.

Sections intended by their nature to survive termination will survive, including provisions on fees, confidentiality, intellectual property, data, disclaimers, indemnity, limitation of liability, governing law and dispute resolution.

27. Export Control, Sanctions and Compliance

You must comply with all applicable export control, sanctions, anti-bribery, anti-corruption, anti-money laundering, data protection, cybersecurity, AI, consumer protection and sector-specific laws.

You must not use the Services if you are subject to applicable sanctions or located in a jurisdiction where use is prohibited by applicable law.

You must not use the Services for prohibited military, surveillance, weapons, evasion, cyber abuse or restricted end uses where unlawful or where prohibited by these Terms or a client-specific agreement.

28. Publicity

You may not use Kosmik Compute’s name, logo, trademarks, customer references, benchmark claims, infrastructure claims or partnership claims in public materials without prior written consent.

Kosmik Compute may identify you as a customer only if you consent or if permitted by a client-specific agreement.

29. Notices

Kosmik Compute may provide notices by email, dashboard, API message, website posting, invoice note or other reasonable means.

You must provide notices to Kosmik Compute at info@koscompute.com, unless a signed agreement specifies another notice address.

You are responsible for keeping contact, billing and technical information accurate and current.

30. Assignment

You may not assign or transfer these Terms or API access without Kosmik Compute’s prior written consent.

Kosmik Compute may assign these Terms to an affiliate, successor, acquirer, purchaser of assets, or entity involved in merger, reorganization or corporate restructuring.

31. Force Majeure

Kosmik Compute is not liable for delay or failure caused by events beyond its reasonable control, including power failure, data center incident, network outage, hardware failure, GPU driver failure, supplier failure, model provider restriction, cyberattack, denial-of-service attack, labor dispute, fire, flood, war, epidemic, government action, legal restriction or force majeure event.

32. Governing Law and Dispute Resolution

Unless a signed client-specific agreement states otherwise, these Terms are governed by the laws of the Czech Republic, without regard to conflict-of-law rules.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before starting court proceedings, either party may request good-faith negotiations. The parties will use commercially reasonable efforts to resolve the dispute within thirty days.

This does not prevent either party from seeking urgent injunctive relief, suspending access, collecting undisputed overdue amounts, preserving claims, or taking action required for security, legal compliance or infrastructure protection.

Unless mandatory law requires otherwise, the courts of Prague, Czech Republic have exclusive jurisdiction over disputes arising out of or related to these Terms or the Services.

33. Changes to Terms

Kosmik Compute may update these Terms from time to time.

For material changes affecting production clients, Kosmik Compute will use commercially reasonable efforts to provide advance notice. Changes may take effect immediately where required for legal compliance, security, abuse prevention, infrastructure protection, third-party restrictions or new Services.

Continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.

34. Severability and Waiver

If any provision of these Terms is invalid or unenforceable, the remaining provisions remain in effect. The invalid or unenforceable provision will be interpreted to achieve its original purpose as closely as permitted by law.

Failure to enforce a provision is not a waiver. A waiver is effective only if made in writing.

35. No Partnership

These Terms do not create a partnership, joint venture, agency, fiduciary or employment relationship between the parties.

Neither party has authority to bind the other unless expressly agreed in writing.

36. No Third-Party Beneficiaries

Except where expressly stated, no third party has rights under these Terms.

37. Language

These Terms are drafted in English. If they are translated into another language, the English version controls unless a signed client-specific agreement states otherwise.

38. Entire Agreement

These Terms, together with the Privacy Policy and any applicable client-specific agreement, order form, service level agreement, production access confirmation or other signed written agreement, form the entire agreement between the parties regarding the Services and replace prior or contemporaneous understandings on the same subject.

39. Contact

Kosmik Compute s.r.o. Karla Dvořáčka 608/1 68323 Ivanovice na Hané Czech Republic Company ID / IČO: 29645301

Email: info@koscompute.com