Terms of Service
Last updated 2026-10-23
These terms are an agreement between you and Oath LLC (“Oath”, “we”, “us”), the company that makes Cosmite. They cover the Cosmite app, the website at cosmite.chat, and the services behind them (together, “Cosmite”). By creating an account or using Cosmite, you agree to these terms and to our Privacy Policy. If you don’t agree, don’t use Cosmite.
Section 17 says that most disputes between you and Oath will be settled by individual arbitration, not in court, and that you give up the right to take part in a class action. Please read it.
1. Cosmite is early software
Cosmite is in alpha. Features will change, some may be removed, and things can break. Data can be lost, so keep your own copy of anything important. We may add, change, limit or remove any part of Cosmite, including Flare features, at any time.
2. Who can use Cosmite
You can use Cosmite if:
- you are at least 13 years old, or older if the law where you live requires it;
- you have a parent’s or guardian’s permission, if you are under 18 or the age of majority where you live. Your parent or guardian agrees to these terms for you;
- you are not barred from using Cosmite by law, and we have not banned you before.
If we learn that someone under 13 has an account, we’ll close it.
Use of Cosmite on behalf of another entity requires that you have the legal authority to represent that entity, in which case, “you” will refer to this entity, and any actions taken by a surrogate will reflect upon this entity.
3. Your account
- An account is required in order to access most of our services.
- Your Login ID is private. You use it with your password to log in. Keep both secret. Your display name and your public UID are what other people see.
- One account works in the Cosmite app and one account works on cosmite.chat. Both have information in common, including login credentials. Changes you make on one appear on the other.
- You are responsible for everything that happens on your account. If you think someone else has used it, change your password and tell us.
- We can’t currently recover an account if you lose your Login ID or password, so keep them somewhere safe.
- Don’t sell, share or transfer your account. Don’t create accounts in bulk, by automated means, or to get around a ban.
- We may change or take back display names, Login IDs, public UIDs, space names and invite links that break these terms, mislead people, or infringe someone else’s rights.
4. Your content
Your content is what you put into Cosmite: messages, images, emoji, avatars, space icons, voice and anything else you share.
- You own your content. You give Oath a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, copy, send, display, adapt and otherwise process it, to run, secure, improve and develop Cosmite. The license lasts while your content is on Cosmite and for as long as we keep copies as described in our Privacy Policy.
- You confirm that you have the right to share what you share, and that it doesn’t break these terms or the law.
- The people in the conversation, channel or space where you post can see your content. Pictures, videos and audio you send can be opened by anyone who has their link. Other files can be downloaded by anyone with a download link, which works for a day. So someone you send a file to can share it outside Cosmite. Content you shared with others can stay visible to them after you leave a space or your account ends. Invite links let anyone who has them join, and listed spaces can be found in Browse Spaces.
- Direct messages, and private channels where it is turned on, can be end-to-end encrypted. We can’t read end-to-end encrypted messages, and we can’t restore them if the devices that hold their keys lose them. Files you send aren’t end-to-end encrypted. Other messages are stored on our servers so they can be delivered and kept in your history.
- Upload limits apply. They can differ between accounts and change over time.
- We don’t have to store, back up or monitor your content, and we aren’t responsible for content other people post.
- If you send us ideas or feedback, we can use them for any purpose, without paying you or owing you anything.
5. Rules for using Cosmite
Don’t use Cosmite to:
- break the law, or help anyone else break it;
- share sexual content involving minors, or anything that sexualizes minors. Pictures, and the still frame shown for each video, are checked automatically for known material of this kind, and we report it to the authorities;
- share intimate images of anyone without their consent;
- harass, threaten or bully anyone, promote violence, or attack people for their race, ethnicity, national origin, religion, disability, sex, gender identity, sexual orientation or age;
- share someone’s private information without their permission;
- pretend to be someone else in a misleading way;
- spam, scam, or send unwanted bulk messages or message requests;
- share malware, or content that infringes someone else’s rights;
- use Cosmite as storage or hosting for files you use elsewhere, such as pictures linked from other websites or download links handed out outside Cosmite;
- sell or promote illegal goods or services.
And don’t:
- try to get into accounts, systems or data that aren’t yours, or probe or test Cosmite’s security without our written permission;
- disrupt or overload Cosmite;
- collect other people’s information, or use bots or automation that we haven’t allowed;
- get around limits, bans, blocks, or other people’s privacy settings;
- copy, change or reverse engineer Cosmite, except where the law or an open-source license lets you.
We decide whether content or behavior breaks these rules.
6. Spaces, moderation and reports
- Space owners, and the people they give permission to, set the rules for their spaces. They can manage members, remove messages and ban people from their spaces. We aren’t responsible for how they run their spaces.
- We may remove or restrict any content, and limit, suspend or close any account or space, at any time and at our discretion, with or without notice. We do this especially when we believe someone has broken these terms, or put people, Cosmite or Oath at risk. We may tell you why, but we don’t have to.
- Where the rules of a space and the Cosmite Terms of Service may conflict, the Cosmite Terms of Service takes precedence.
- We can’t review end-to-end encrypted content unless someone in the conversation shares it with us.
- To report something, or to ask us to look at a decision about your account again, email contact@cosmite.chat.
7. Copyright
If you believe content on Cosmite infringes your copyright, email contact@cosmite.chat. Include:
- your contact details and the work you believe is infringed;
- where the content appears on Cosmite;
- a statement that you believe in good faith the use isn’t authorized;
- a statement, under penalty of perjury, that your notice is accurate and that you are the owner or are authorized to act for the owner.
We remove infringing content and close the accounts of repeat infringers.
8. Cosmite Flare
Cosmite Flare is an optional paid subscription, sold on cosmite.chat.
- You pay the price shown when you subscribe, plus any taxes. Stripe processes payments; we don’t store your full card number.
- Flare renews automatically each month or year, whichever you chose, and we charge your payment method each time, until you cancel. You can cancel at any time in your account on cosmite.chat. Cancelling stops the next renewal; you keep Flare until the end of the period you paid for.
- If a payment fails, Flare continues for a short grace period (currently 3 days), then stops until a payment succeeds.
- Payments are non-refundable, except where the law requires a refund. This includes partial periods, unused features, and accounts we suspend or close for breaking these terms.
- If a payment is refunded or reversed through your bank (a chargeback), the Flare it paid for that hasn’t been used yet ends, including Flare it paid for as a gift, even if the gift was already claimed. After a chargeback, the Flare it paid for that was already used, by you or by someone you gave it to, is subtracted from your Flare balance, which can go below zero. Until your balance is back to zero, what you buy and the gifts you claim pay it off first, and you can’t give gifts. If the bank decides the dispute in our favor, that Flare comes back.
- We may change Flare’s price and what it includes. A new price applies from your next renewal after we tell you about it, so you can cancel first.
Gifts. You can buy Flare as a gift for another Cosmite account, or as a gift link for whoever redeems it first. You pay when you buy the gift. A one-time gift gives 1 month or 1 year of Flare once it is claimed; if the person already has Flare, its time comes after the time they have. A recurring gift renews each month or year, and we charge your payment method each time, until you or the person it is for ends it. Ending it stops the next renewal; the person keeps Flare until the end of the period you paid for. Anyone with a gift link can redeem it, so share it only with the person you mean it for; you can replace a link that hasn’t been redeemed. A declined gift comes back to you unused, and you can send it to someone else or use it yourself. Gifts have no cash value and can’t be sold or exchanged for money. Gift payments are non-refundable, except where the law requires a refund. Flare from a gift follows these terms like any other Flare.
9. The Cosmite app
- We give you a personal, non-exclusive, non-transferable, revocable license to install and use the Cosmite app to use Cosmite, as long as you follow these terms. Parts of the app are open-source software under their own licenses, which apply to those parts.
- Cosmite updates itself. Some updates are required to keep using Cosmite, and by using Cosmite you agree to receive them.
- Cosmite, the Cosmite logo and Oath are our trademarks. Don’t use them without our permission, except to refer to Cosmite.
- We keep all rights these terms don’t give you.
10. Other services in Cosmite
Some features use other companies’ services. GIF search is provided by KLIPY. Links can show previews and videos from the sites they point to, such as YouTube, Vimeo, Tenor and GIPHY. Stripe handles payments. Their terms and privacy policies apply to their services and content. We don’t control them and aren’t responsible for them.
11. Privacy
Our Privacy Policy explains what information we collect and how we use and share it. It is part of these terms.
12. Ending your use of Cosmite
- You can stop using Cosmite at any time. To delete your account, email contact@cosmite.chat.
- We may suspend or end your access to all or part of Cosmite at any time, for any reason, with or without notice. We may also stop offering Cosmite.
- Sections 4, 7, 8 (for amounts owed), 13 to 18, and anything else that by its nature should, still apply after your access ends.
13. Disclaimers
COSMITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, OATH MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON’T PROMISE THAT COSMITE WILL BE AVAILABLE, SECURE, ACCURATE OR FREE OF ERRORS, THAT DEFECTS WILL BE FIXED, OR THAT CONTENT WILL NEVER BE LOST. YOU USE COSMITE AT YOUR OWN RISK.
14. Limits on liability
ALL SERVICES AND SOFTWARE PERTAINING TO COSMITE ARE PROVIDED “AS IS”: OATH MAKES NO WARRANTIES RELATING TO COSMITE, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT THE LAW ALLOWS, OATH AND ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS ABOUT COSMITE IS LIMITED TO THE GREATER OF WHAT YOU PAID US FOR COSMITE IN THE 12 MONTHS BEFORE THE CLAIM, OR US$50. Some places don’t allow these limits, so some of them may not apply to you.
15. If someone brings a claim against us
You agree to defend, indemnify and hold harmless Oath and its owners, members, managers, employees and agents against any claims, losses, damages and costs, including reasonable legal fees, that arise from your use of Cosmite, your content, or your breaking these terms, the law or someone else’s rights. We may take over the defense of a claim, and you’ll cooperate with us.
16. Changes to these terms
We may change these terms at any time by posting a new version with a new date. If a change is significant, we’ll also tell you in Cosmite or by email at least 7 days before it takes effect, unless it needs to take effect sooner to follow the law, protect people or stop abuse. Other changes take effect when we post them. If you keep using Cosmite after a change takes effect, you accept it. If you don’t agree, stop using Cosmite.
17. Arbitration and class action waiver
- Talk to us first. Before either of us starts a claim, the one bringing it must email a written notice describing it and the relief wanted: you to contact@cosmite.chat, or we to your account’s email. We then try to resolve it together for 60 days, including in a personal call or video meeting if either of us asks for one. You must take part in the meeting yourself, with your lawyer if you have one. Time limits for the claim pause during those 60 days. Neither of us can start arbitration until this step is complete.
- Individual arbitration. If we can’t resolve it, you and Oath agree that any dispute about Cosmite or these terms will be settled by binding individual arbitration, not in court. The American Arbitration Association (AAA) runs it under its Consumer Arbitration Rules. An arbitrator decides, not a judge or jury, and can award the same individual relief a court could. Hearings take place by video, by phone, on written submissions, or in person in the county where you live or in Lane County, Oregon. Oath pays the AAA’s filing, administration and arbitrator fees as its Consumer Arbitration Rules require. Each side pays its own lawyers, unless the arbitrator or the law says otherwise. The Federal Arbitration Act governs this section.
- No class actions. Claims are brought only individually, never as a plaintiff or class member in any class, collective or representative action. An arbitrator can’t combine claims of different people.
- Exceptions. Either of us can bring an individual claim in small claims court. Either of us can go to court to stop infringement or misuse of intellectual property, or unauthorized access to Cosmite. A request for public injunctive relief, where the law lets you seek it, is decided by a court only after the individual claims are arbitrated.
- Many similar claims. If 25 or more similar claims are filed by or with the help of the same lawyers or group, the AAA’s Mass Arbitration Supplementary Rules apply. The claims go forward in batches of up to 25. The others wait, and filing fees for them aren’t due, until a batch is decided.
- Who decides. The arbitrator decides disputes about what this section covers and whether it can be enforced. A court decides disputes about the class action waiver, the rules for many similar claims, and public injunctive relief.
- Opting out. You can opt out of this section within 30 days of first agreeing to these terms. Email contact@cosmite.chat from your account’s email, with your Login ID and a clear statement that you’re opting out of arbitration.
- Changes to this section. If we change this section, you can reject the change by emailing contact@cosmite.chat within 30 days of the change. The version you last agreed to then keeps applying to you.
- If the class action waiver can’t be enforced for a claim, that claim goes to court and not to arbitration. The rest of this section still applies, and it keeps applying after your access to Cosmite ends.
18. Governing law and courts
The laws of the State of Oregon, USA govern these terms, without regard to conflict-of-law rules. Any dispute that isn’t arbitrated will be decided only in the state or federal courts in Lane County, Oregon, and you and Oath agree to those courts’ jurisdiction. You and Oath both give up the right to a jury trial for any dispute decided in court. To the extent the law allows, any claim about Cosmite must be brought within one year after it arises, or it is permanently barred. If you live outside the United States, you may also have rights under your local law that these terms can’t take away.
19. General
- These terms, together with the Privacy Policy and any terms shown when you buy Flare, are the whole agreement between you and Oath about Cosmite.
- If any part of these terms can’t be enforced, it is changed as little as needed to make it enforceable, and the rest still applies.
- If we don’t enforce a part of these terms, we haven’t waived it. Our rights remain reserved.
- You can’t transfer these terms without our permission. We may transfer them at any time.
- We aren’t responsible for failures or delays caused by events outside our reasonable control.
- You agree that we can send notices electronically, in Cosmite, by email or on cosmite.chat.
- If a translation of these terms differs from the English version, the English version applies.
20. Contact
Questions about these terms: contact@cosmite.chat.
Oath LLC, 139 E Howard Ave, Eugene, Oregon 97404, USA.