Cosmofy User Data Responsibility & Limitation of Liability Agreement

1. Local-First Data Storage

Cosmofy is designed as a local-first application. Cosmofy does not maintain a cloud account or server-based copy of your salon records and does not transmit or store your client records, appointments, formulas, business records, or photographs on servers operated by Cosmofy. Your information is maintained on your device and in any backups or exports you choose to create and store.

Because Cosmofy does not possess a server copy of your salon data, Cosmofy cannot retrieve or reconstruct your records if your device or backups are lost, damaged, deleted, inaccessible, or corrupted. You are responsible for the accuracy, custody, security, and lawful use of the information you enter into Cosmofy.

2. Backups Are Your Responsibility

You are responsible for maintaining backups appropriate to the needs of your business. You should:

• Create backups regularly and after significant changes to your records.
• Store at least one current backup separately from the device running Cosmofy.
• Protect backup files against unauthorized access.
• Periodically confirm that your backup files remain accessible.
• Safeguard any passwords, credentials, or encryption information necessary to restore your data.

Cosmofy cannot recover a forgotten backup password or restore information for which no usable backup exists.

3. Data-Loss Risk and Disclaimer of Warranties

Electronic data and software can be affected by device failure, operating-system changes, storage failure, software defects, user error, malware, physical damage, or other events beyond Cosmofy's control.

To the maximum extent permitted by applicable law, Cosmofy is provided “AS IS” and “AS AVAILABLE,” without warranties of uninterrupted operation, error-free operation, availability, or successful recovery of every backup. To the maximum extent permitted by law, all warranties that may lawfully be disclaimed, whether express, implied, or statutory, are disclaimed, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in this Agreement excludes any warranty or right that applicable law does not permit to be excluded.

4. Limitation of Liability

To the maximum extent permitted by applicable law, Cosmofy and its developers, owners, publishers, and distributors will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or related to use of the application, including loss of data, lost profits, lost revenue, business interruption, or costs incurred recreating records.

To the maximum extent permitted by applicable law, Cosmofy's aggregate liability arising from or relating to the application will not exceed the greater of:

• The amount actually paid by you for access to or use of Cosmofy, including through an app store, in-app purchase, or subscription, during the twelve months immediately preceding the event giving rise to the claim; or
• $50 USD.

These limitations do not apply where applicable law prohibits exclusion or limitation of liability, including liability that cannot lawfully be waived for fraud, willful misconduct, or violation of applicable law.

5. Governing Law and Relationship to Other Terms

This Agreement is governed by the laws of California, without regard to its conflict-of-law rules, except where applicable law requires otherwise. Subject to any rights or remedies that cannot lawfully be waived, legal proceedings arising from this Agreement or use of Cosmofy shall be brought in the appropriate courts located in Butte County, California.

This Agreement does not replace Cosmofy’s Privacy Policy or any other terms presented separately within the application.

6. Acceptance and Authorization

Before using Cosmofy, you will be presented with this Agreement and an opportunity to review it. If you do not agree to these terms, you are not authorized to use Cosmofy. By selecting “I Understand and Accept,” you acknowledge that:

• You have had an opportunity to read this Agreement;
• Cosmofy does not maintain a server copy of your salon data;
• Maintaining appropriate backups is your responsibility; and
• You agree to be bound by this Agreement.

Effective Date: August 14, 2026
Agreement Version: 1.0