Terms of Service
These Terms of Service (the "Terms") govern access to and use of the financial management application made available at kosmoscap.com and its subdomains (the "Service"), operated by Zapusk Partners LLC ("Zapusk," "we," "us," or "our").
The Service is provided as an internal financial-management utility for the sole authorized user, who is the principal of Zapusk Partners LLC (the "User"). By accessing or using the Service, the User agrees to these Terms.
1. Authorized Use
The Service is licensed, not sold, for the User's personal financial-management purposes. The User is granted a limited, non-transferable, revocable right to access and use the Service. The Service is not made available to the public, and account creation is restricted to the principal of Zapusk Partners LLC.
The User agrees not to:
- Permit any other person to access the Service using the User's credentials
- Reverse-engineer, decompile, or otherwise attempt to derive the source code of the Service
- Interfere with or attempt to circumvent the Service's security or authentication mechanisms
- Use the Service for any unlawful purpose
2. Account Security
The User is responsible for maintaining the confidentiality of account credentials and for all activity that occurs under the User's account. The User must enable multi-factor authentication and must notify Zapusk promptly of any suspected unauthorized access.
3. Financial Data and Plaid
The Service uses Plaid Inc. ("Plaid") to connect to the User's financial institutions and retrieve account, transaction, and holdings data. By using the Service, the User authorizes:
- Zapusk to receive financial data from Plaid on behalf of the User
- Plaid to access the User's financial accounts at the User's chosen financial institutions
- The continued retrieval of data until the User disconnects the relevant Plaid item
Plaid's collection and use of information is governed by Plaid's End User Privacy Policy at https://plaid.com/legal/. The User may revoke a Plaid connection at any time through the Service, after which Zapusk will revoke the corresponding Plaid access token.
The User acknowledges that financial data delivered through Plaid is sourced from third-party financial institutions and may be incomplete, delayed, or inaccurate. The Service displays the data as received and does not independently verify it.
4. No Financial, Investment, or Tax Advice
The Service is an information-aggregation tool. It does not provide financial, investment, legal, accounting, or tax advice, and nothing displayed within the Service constitutes a recommendation to buy, sell, hold, or transact in any security, asset, or financial instrument. The User is solely responsible for any decisions made on the basis of information displayed by the Service.
5. Service Availability
The Service is provided on an "as available" basis. Zapusk does not warrant that the Service will be uninterrupted, error-free, or available at any particular time. Zapusk reserves the right to suspend, modify, or discontinue the Service or any portion of it at any time without notice.
6. Privacy
The Service's handling of personal and financial information is described in the Privacy Policy, which is incorporated into these Terms by reference.
7. Intellectual Property
All software, content, designs, and other materials made available through the Service are the property of Zapusk Partners LLC or its licensors and are protected by applicable intellectual-property laws. No rights are granted to the User except as expressly stated in these Terms.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. ZAPUSK DOES NOT WARRANT THAT THE SERVICE WILL MEET THE USER'S REQUIREMENTS OR THAT IT WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ZAPUSK PARTNERS LLC, ITS MEMBERS, MANAGERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE USER'S ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE. IN NO EVENT SHALL ZAPUSK'S AGGREGATE LIABILITY UNDER THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).
10. Indemnification
The User agrees to indemnify and hold harmless Zapusk Partners LLC and its members, managers, and affiliates from and against any claim, loss, liability, or expense (including reasonable attorneys' fees) arising out of the User's breach of these Terms or misuse of the Service.
11. Termination
Zapusk may suspend or terminate the User's access to the Service at any time, with or without cause and with or without notice. Upon termination, the User's right to access the Service ceases immediately. Sections of these Terms that by their nature should survive termination shall do so, including without limitation Sections 4, 7, 8, 9, 10, and 12.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of Iowa, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service shall be resolved in the state or federal courts located in Iowa, and the User consents to the personal jurisdiction of those courts.
13. Changes to These Terms
We may revise these Terms from time to time. Material changes will be reflected by updating the "Last updated" date at the top of this document and, where appropriate, by posting a notice within the Service. Continued use of the Service after a material update constitutes acceptance of the updated Terms.
14. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between the User and Zapusk regarding the Service and supersede all prior agreements or understandings on the subject.
15. Contact
Questions regarding these Terms may be directed to:
Zapusk Partners LLCAttn: Legal
235 Second Street
Sutherland, IA 51058
Email: legal@kosmoscap.com