These General Terms and Conditions of Business (“T&Cs”) shall govern all legal relations between you, the user, and us, FunCosmos, a label operated by Playades EOOD, ul. Orphey 1, 1421 Sofia, Bulgaria (hereinafter “FunCosmos”). They shall supersede any previous T&Cs. The validity of any other terms and conditions is expressly opposed.
These T&Cs may be updated from time to time. The most current version of the T&Cs, which can be found here, is the one that is applicable. By continuing to use the services provided by FunCosmos, you agree to be bound by the most current version of the T&Cs. Please check the T&Cs periodically for any changes.
We operates this service (“Service”) to provide links to download and/or directly access smartphone apps (“Apps”) either on our own behalf or on the behalf of our partners (“Partner(s)”).
Users must be at least thirteen (13) years old or the equivalent minimum age in their Home Country to create an account and use our Services. Accounts for persons under this age can be created by a parent or legal guardian. We encourage parents or legal guardians to review our T&Cs with minors to ensure understanding.
By entering a valid Email address in combination with a (Voucher) access code to use the service operated by FunCosmos, the User acknowledges and agrees to have read, understood, and accepted these T&Cs as well as our Privacy Policy. By entering a Voucher access code purchased from one of our Partners, the User also acknowledges and agrees to also have read, understood, and accepted the terms & conditions as well as the Privacy Policy of the respective Partner.
You especially agree to FunCosmos collecting and/or transferring personally identifiable data (including Email addresses, device ids and IP addresses) to further optimize our own services and/or the services of our Partners.
After the customer has purchased and initially opened the provided link to the Apps, the link is valid for a limited time period. Within this timeframe, the customer can download the content and, if necessary, access the link again to download additional content.
It is your responsibility to download the Apps within this period, as the link will lose its validity after its validity period. FunCosmos does not assume any responsibility for accessing the link after the specified usage duration has expired.
The length of the validity period may vary per purchased voucher/bundle - please consult the respective Partner, the voucher seller, for further information. The usage duration of the download link is strictly limited to the validity period from the first opening of the link, and the platform reserves the right to review and adjust this provision at its sole discretion.
FunCosmos grants you a non-exclusive, non-transferable license to access and/or download and use the Apps for personal, non-commercial use only. You are not allowed to distribute the Apps further, share download links, make download links publicly available, or modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the downloaded Apps.
All title, ownership rights, copyrights and any other intellectual property rights in the App as a whole and in the individual components remain the property of FunCosmos and/or of the original proprietors of the rights.
FunCosmos does not provide any warranties or guarantees regarding the performance or functionality of the Apps. The availability of Apps is limited to the duration of the platform's active operation. FunCosmos is not liable for ensuring the continued accessibility of downloaded Apps after the cessation of its operation. You are responsible for downloading and storing your desired Apps locally on your device.
The Apps are to be used only on devices which fulfill the hardware requirements and run the official versions of operating systems. You may in particular not use the Apps on devices, the hardware and/or software of which he or she has personally altered or which has been altered on his or her behalf. FunCosmos – to the extent legally possible – excludes any liability for losses resulting from software or hardware which is not compatible with the software installed by the manufacturer. Liability for any faults or malfunction attributable to FunCosmos is – to the extent legally possible – limited to gross and willful intent.
The availability of downloaded Apps is limited to the period during which the platform is actively operational. FunCosmos shall not be held liable for ensuring the continued accessibility of downloaded Apps upon cessation of the platform's operation. You are responsible for downloading and storing your desired Apps locally.
Should you require a refund, please reach out to the Partner or seller from whom you purchased the voucher code. FunCosmos does not process any refunds unless you directly purchased your access voucher from FunCosmos.
If you do not comply with any of the terms in this Agreement, or if FunCosmos suspects non-compliance, FunCosmos reserves the right to take actions without prior notice, including terminating the Agreement, revoking the license to the Apps, and restricting access to the Services.
Notwithstanding any damages that you might incur, FunCosmos and its Partners or suppliers' total liability under these T&Cs, as well as your sole remedy for all such matters, will be restricted to the actual amount paid by you (or the purchaser) to use the Service.
If any provision of these T&Cs is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Any dispute, controversy, or claim arising out of or relating to these T&Cs, or the breach thereof, shall be settled by arbitration administered by a neutral arbitrator mutually agreed upon by both parties. The arbitration will be conducted in accordance with the rules of the agreed arbitration body. The decision of the arbitrator shall be final and binding on both parties.
Should you wish to cancel your account, please send an email to [email protected] with your request. Please include your account details in the email to facilitate the cancellation process. Once your account is cancelled, you will no longer have access to the services provided by FunCosmos.
This Agreement shall be governed by and construed in accordance with the laws of Bulgaria, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
FunCosmos reserves the right to assign this agreement to a third party at its sole discretion at any point in time.