Terms and Conditions
These terms and conditions apply between Kozmoz ehf., ID number 491018-1190, Selbraut 13, 170 Seltjarnarnes, (hereinafter referred to as "Kozmoz ehf." or "Kozmoz"), the owner of the Kozmoz app, and the user regarding the use of the Kozmoz app.
The service provided by the Kozmoz app includes providing users with a platform to advertise projects, offer their services as experts in the relevant project, view posted projects, communicate with homeowners (and/or their authorized representatives) and professionals within the app, and have the opportunity to write reviews.
By using the Kozmoz service, the user confirms that they have read, understood, and agreed to the terms in full and also consent to the processing of their personal data as carried out in the Kozmoz app. Unauthorized use of the Kozmoz app without accepting the terms is prohibited.
1. Definitions
The following terms shall, in these terms and in other related documents, have the following meanings:
Kozmoz app: Software for smart devices that users can download to their phones and use to advertise or undertake projects.
Project: A defined, time-bound task that a homeowner wishes to have carried out in exchange for compensation.
User: Tradesman, homeowner (user advertising a project), and others who download the app to view it.
Kozmoz profile: Area within the app containing information about a user who signs up to be a homeowner and/or expert. The user logs in with electronic credentials and also needs to provide their email address. A user who both wants to advertise for an expert and undertake projects themselves must do so under each profile, one Kozmoz profile as a homeowner and one as an expert.
Tradesman: A user of the Kozmoz app who operates on behalf of a registered company within the app. The user can undertake projects for homeowners.
Homeowner: A user of the Kozmoz app who advertises projects.
Chat Threads: Area that allows homeowners and experts to communicate about a specific project. A new chat thread is opened for each project, even if the homeowner and expert have communicated about another project before.
Profile: User's access to the Kozmoz app and all the information registered there.
2. App's functionality
When a user has downloaded the Kozmoz app, they log in using electronic credentials.
The user can also log out of the app themselves. To log back in, they use the same electronic credentials. If the user does not log out themselves, they will be automatically logged out 60 days after their last login.
2.1. Onboarding, profiles and data entry
During the first login, the user must choose whether they register as a homeowner and/or expert. The user is obligated to provide accurate information. The information provided by the user will be used for the user's access to the Kozmoz app. Once the user verifies the information, access is automatically created for them.
A user registered as a homeowner can create projects and advertise for an expert. To register in the app as an expert, the user must be a procurator or managing director of the company they work for. If a party other than a procurator or managing director needs to operate on behalf of the company on the Kozmoz app (e.g., employees other than directors), the procurator or managing director must first register the company and later offer access to other employees.
Each user is responsible for the accuracy, legality, reliability, and integrity of the information in their profiles. The user is responsible for correcting and/or updating information in their profile.
Information about registered projects, along with homeowner access information, is advertised for all relevant experts when the project is registered. For example, when a project is registered for a carpenter, all registered carpenters see the project. Information about the homeowner is also displayed in the same way as the advertised project. Information about users who are experts is displayed after the project has been created. The display of information about experts is based on the work registered and is relevant to the user. The homeowner can request offers from any expert they prefer.
2.2. User profile
Once the user has created their profile in the app, they can choose to be a homeowner, expert, or both. Information about registered projects, along with homeowner profile information, is advertised to all users when projects are created.
By creating a profile, whether as a homeowner or expert, the user gains access to the Kozmoz app, and thereby, Kozmoz has entered into an agreement for its services with the user. The user acknowledges and confirms through their use of the Kozmoz app that once the service has been provided, there is no withdrawal from the agreement with Kozmoz ehf. unless according to these terms (sections 8 and 10).
2.3. Negotiations
In the Kozmoz app, it is understood that the information in offers is not presented as binding offers but rather as an invitation to stakeholders to commence contract negotiations for a project unless otherwise specified. Homeowners and experts can negotiate with more than one party for a project unless they have expressly committed themselves otherwise.
Contract negotiations can take place anywhere (e.g., in chat threads in the app when such a chat thread becomes available in the app), and a homeowner may communicate with more than one expert regarding a specific job.
If contract negotiations lead to the expert and homeowner being prepared to make an agreement, the homeowner pushes the "accept" button in the app. This then confirms to the expert that their offer has been accepted, and it is assumed that they have reached an agreement on the project. Those experts who also started negotiations for the same project with the homeowner receive notification that their offer has been declined, and the project is no longer visible to other users in the app, and they can no longer bid on it.
After a project is completed, the homeowner must close the project in the app and provide feedback to the expert, as described in section 2.4 of the terms. If the homeowner does not close the project when its publication period expires, they receive a reminder in their inbox to do so.
The user understands and agrees that by using the Kozmoz app, Kozmoz is not a party to the agreement between users, i.e., homeowners and experts, and does not act as a representative or agent of any party. The user is an independent party entering into an agreement in their own name.
Contract negotiations, agreements, and the execution of contracts are the responsibility of the users, whether they are homeowners or experts. The user is responsible for ensuring the validity and execution of contracts, and that the contracting party has the appropriate authority to bind themselves to the contract.
By using the Kozmoz app, the user agrees that Kozmoz is not responsible for contract negotiations or agreements between the users of the app (or under certain circumstances of other parties). Kozmoz does not provide assistance in the execution or resolution of contracts between experts and homeowners.
2.4. Review and rating
When a homeowner marks a project as "completed" in the app, they are encouraged to provide feedback, which includes a review and a star rating (1-5 stars), about their experience of collaborating with the expert.
The feedback is immediately visible in the expert's profile, and the goal is to help users make informed decisions when choosing a specific expert's service.
The feedback should reflect the user's actual experience and needs to be objective, factual, and related to the project that was advertised, i.e., the project the homeowner and the expert agreed on, and contain relevant information. The feedback should be beneficial for other users.
Feedback should not be presented in a misleading manner, such as to harm other users or damage the interests of others. Inappropriate feedback such as feedback based on threats, coercion, or misuse are considered serious breaches of these terms.
Kozmoz does not review or verify the legitimacy of the feedback, so users need to consider that the provided feedback may be inaccurate or misleading and does not originate from Kozmoz.
If a user believes that a review violates these terms, they can contact Kozmoz at the email address: kozmoz@kozmoz.app.
Kozmoz reserves the right to remove feedback if deemed necessary, e.g., if a clear violation of the terms is found. In addition, Kozmoz may limit or block a user's access to the app if the terms are seriously violated. By using the Kozmoz app, the user agrees to abide by Kozmoz's decision to remove feedback and limit or block a user's access to the app.
A homeowner can, at their own discretion, request the removal of feedback they have provided to an expert.
3. Personal information
This section stipulates the requirements and conditions that parties must meet in connection with the processing of personal information for Kozmoz's services.
Kozmoz processes personal information in order to;
- to answer inquiries
- to inform about new products or changes to products, services, or business terms and billing
- verifications such as querying the National Registry or Creditinfo
- match your personal information with your transaction history in our business management system
- issue invoices for provided services
- conduct service quality measurements with improving service and service offerings in mind
- make corrections, process complaints, and resolve disputes
- prevent unlawful behavior or misuse of Kozmoz systems
The processing of personal information includes users as well as other information that is necessary for Kozmoz to provide services according to the terms.
Kozmoz is authorized to share personal information with third parties in the following cases;
- to fulfill legal obligations, in communication with authorities, or to defend against legal claims
- for invoicing and late payments
- to verify the user's identity
- to improve and develop Kozmoz's service
- if Kozmoz is in a sales process or other organizational changes involving changes in the company's operations that affect where the information is processed, provided that appropriate security and confidentiality measures are implemented.
The user and Kozmoz may only process personal information in a manner necessary to fulfill their obligations according to the terms, data protection legislation, or as directed by authorities. Each party, concerning the personal information shall:
- comply with data protection laws, taking into account the nature of the processing and the information accessible to the parties, including rights of registered individuals, assessments of security measures, notifications, and advice to the Data Protection Authority.
- be responsible for providing relevant information (education) to the registered parties about the processing in accordance with data protection legislation, including ensuring accessible data protection policies
- ensure trust in the processing of personal information covered by the cooperation agreement. Ensure that employees and others with access to personally identifiable information are bound by confidentiality, receive sufficient training in processing and handling of personal information. The duty of confidentiality persists after the Kozmoz service is terminated
- delete or provide all personally identifiable information not required to be retained by law
- ensure that devices and tools, products, software, and services are designed with built-in and default data protection considerations in mind
- take appropriate security measures if personal information is transferred outside the European Economic Area.
Individuals shall be guaranteed the rights outlined in Kozmoz's Privacy Policy, which is published on the website www.kozmoz.app.
Users are required to notify Kozmoz within 24 hours if there are suspicions of deliberate, unauthorized, or illegal processing of personal information or if there is any kind of security breach regarding the handling of personal information. The notification should be sent to the email address kozmoz@kozmoz.app. In such a notification, the user should describe the nature of the breach, including the categories and estimated number of registered individuals involved and the categories and estimated number of records of personal information concerned. The user should also describe the likely consequences of the breach and the measures they have taken or plan to take regarding the security breach. The user is responsible for holding Kozmoz harmless for any costs that Kozmoz may incur due to negligence in connection with breach notification rules.
Kozmoz ehf. is not responsible for the information that the user chooses to share with other parties or users, for example in connection with contract negotiations or agreements. Users who work with the personal information of other users, where they are responsible for execution, purpose, and processing methods, are independent responsible parties for such processing and bear the legal responsibilities that arise from it.
For further information on data protection, reference is made to Kozmoz ehf.'s Privacy Policy.
4. Payment for use of Kozmoz
The user agrees to pay Kozmoz for the services provided by Kozmoz and utilized by the user in accordance with the current price list of Kozmoz each time, available on the website www.kozmoz.app.
Kozmoz reserves the right to change the price list at any time, but users will be notified of such changes in advance. Notification of changes to the price list is carried out in the same manner as changes to these terms, see section 9.
5. User's obligations
The user is obligated to input accurate, true, and complete information in the Kozmoz app. The user is responsible for the information they enter into their profile or elsewhere in the Kozmoz app, in any form the information is presented, including text, documents, images, audio, or video recordings. The user guarantees and shall ensure that they have the right to use the information they provide, including in accordance with laws and regulations. By adding information to their profile or inbox, the user agrees that Kozmoz has an unrestricted right to use the content anywhere and display it to third parties.
An expert and/or homeowner are responsible for complying with applicable laws regarding their operations, including laws on handicrafts, child labor laws, legal regulations, value-added tax laws, and others. The user is also responsible for ensuring they have the rights and authorization to make agreements and that their operations comply with laws and regulations, ensuring that the contracts they enter into do not violate the rights of third parties.
The user is required to interact with Kozmoz and other users according to the purpose of the app, in accordance with these terms, and in compliance with laws. The user is also obligated to use the app appropriately and according to good practices and customs.
If a user provides access to their company to another party, such as their employee, the registered user assumes all responsibility for that party's use of the Kozmoz app.
It is prohibited to use the Kozmoz app to advertise content or services other than those described in these terms. Distributing illegal or inappropriate content in the Kozmoz app is also prohibited. Kozmoz has the right to determine whether content is in violation of these terms and take appropriate action.
The user is prohibited from extracting or recycling data or information collected from the database for the purpose of incorporating that part into other databases ("screen scraping"). It is prohibited to copy or replicate the software on which the Kozmoz app is based, including making copies, distributing the software, publishing or releasing the software, translating, adapting, arranging or altering the software in any way, reverse engineering, decoding, disassembling, or attempting to access the source code in any other way, attempting to bypass the software's security measures or tamper with the software in any other way, attempting to access parts of the app that users do not have the right to access or do not have permission from Kozmoz to access, circumventing the service's overload with automation, engaging in any activity that may disrupt the functionality of the Kozmoz app or using the Kozmoz app in disregard of its purpose, or violating Kozmoz's intellectual property rights.
The user is obligated to report any security breaches in the app if they become aware of them. The user is also responsible for the security and confidentiality of their access codes and must adhere to appropriate security measures.
If the user encounters errors in the app, the user can contact Kozmoz. The user understands that it may take time to resolve issues and that service may be limited while there is a defect in the app.
The user agrees that Kozmoz can utilize the information recorded in the app to process non-personally identifiable aggregate information in accordance with the app's purpose and tasks within the app.
6. Limitation of Liability
The user understands that the Kozmoz app is a platform to connect homeowners and experts, and Kozmoz assumes no responsibility for the outcomes of interactions between users. Kozmoz does not take responsibility for the results of any contract negotiations or agreements between users and does not provide refunds. Additionally, Kozmoz is not accountable for the accuracy or precision of the information users input or the validity of contracts, offers, or promises between users. This includes the competency of the expert, project advertisements, and the payment ability of homeowners. Kozmoz does not perform a specific review of users or their information and does not endorse, recommend, or guarantee users or their information. Kozmoz also does not take responsibility for inaccurate information from other parties (third parties) displayed in the app, such as data obtained from public entities or private entities (e.g., from their websites), and accessed within the app. This includes, for instance, documents from municipalities, information from real estate records, etc.
The user is bound to use the service with caution as Kozmoz does not bear responsibility for security breaches or their consequences. Kozmoz does not take responsibility for the handling of information that users provide or share in any way with other users. Kozmoz is not accountable for a user's assessment or the usage of such information. If there are links to other websites in the user's profile or chat threads, then under no circumstances can Kozmoz be held responsible for the content or substance of such links.
In fields protected by jurisdiction, only those with appropriate licensing may work in them and use suitable job titles. Kozmoz does not take responsibility for the disclosure of information on education, work experience, or other data that users enter into the app.
Kozmoz is not liable for user losses due to expenses or any other costs that users may incur in their interactions with another user, such as fraud, damages, or defects.
Kozmoz is not responsible if notifications are not received, delayed, or are found to be faulty.
Language translation in the Kozmoz app is automated, and Kozmoz does not guarantee the accuracy and correctness of the translation. If the user uses the translation to make decisions, they do so at their own risk.
Kozmoz is not liable for user losses due to legislation, government actions, wars, acts of terrorism, strikes, lockouts, embargoes, obstacles, or similar actions. This also applies if a third party enforces such actions or is subject to them. Kozmoz takes no responsibility for losses due to power outages or lack of power or due to disruptions in network systems, telephone systems, other communication channels, or transportation.
If the Kozmoz app becomes inaccessible due to downtime or other circumstances, the user acknowledges that Kozmoz is not required to compensate for any incurred losses.
The user understands and accepts the liability limitations outlined in these terms through their use and that the use of the service is at the user's own risk.
7. Intellectual property rights
Kozmoz ehf. is the legal owner of the copyright of the Kozmoz app and is also the owner of the trademark. All content in the Kozmoz app, including design, text, images, symbols, and other intellectual property, is protected by copyright laws and other intellectual property laws. Use or distribution of this content is prohibited without written permission from Kozmoz.
By using the Kozmoz app, the user agrees to use the content in accordance with the service's purpose and these terms, and that copying, duplication, or distribution of this content is prohibited without prior written permission from Kozmoz. The use of the service can only take place in accordance with these terms.
Kozmoz grants the user the right to use the intellectual property necessary to be an active participant in the service Kozmoz offers, and any other use is prohibited without permission from Kozmoz.
8. Breach of Terms
In cases where a user violates these terms or other terms applicable to the use, Kozmoz reserves the right to take appropriate measures. Such measures may include: terminating the user's access permanently, temporarily or indefinitely, imposing a ban on transactions, or other appropriate actions in accordance with the law. This especially applies if the user seriously violates the terms, such as engaging in illegal, immoral, or inappropriate conduct. The user is responsible for these actions and has no right to claim compensation for any potential losses resulting from them.
It is always considered a serious breach of the terms if a user violates their obligations according to the terms or distributes hateful, illegal, or inappropriate content through the Kozmoz app.
It is also deemed a serious breach if a user shares information from the Kozmoz app that violates laws or terms or could damage the goodwill, reputation, and trademark of Kozmoz. The same applies if a user creates a profile or advertises a project based on an illegal registration according to the terms or uses the Kozmoz app with deceptive, unlawful, or fraudulent intent in Kozmoz's view.
Kozmoz reserves the right to remove any content from the app that Kozmoz deems to violate these terms and to take appropriate action when necessary. The user is responsible for ensuring that the content they input into the Kozmoz app complies with the law, and Kozmoz reserves the right to remove content from the app if there are suspicions that it violates the law. By using the service, the user agrees to abide by Kozmoz's judgment in this matter. If there are suspicions that a user is engaging in illegal activities, Kozmoz reserves the right to inform the relevant authorities. If content is removed, the user is usually informed of the reason, unless such notification could violate the law, hinder investigations into illegal activities, or harm the interests of third parties.
9. Changes to Terms
Kozmoz has the right to make changes to these terms as needed at any time. Kozmoz will notify users of such changes by email to the user's email address, and Kozmoz will display the updated version on the website www.kozmoz.app. The user agrees to the changes each time by continuing to use the Kozmoz app after the changes have been made to the terms or price list. If the user decides to reject the changes, it is considered an equivalent to terminating the Kozmoz service.
10. Termination
The agreement between the user and Kozmoz according to these terms is valid from the moment the user starts using the app until either party terminates it in accordance with these terms. Kozmoz has the authority to terminate the agreement immediately if there is a breach of these terms.
The user has the right to terminate Kozmoz's service if desired. If the user is subscribed, the notice period is 30 days, and the termination takes effect on the first day of the following month after notice.
A user who is not subscribed can end the service by deleting their profile in the app. When a non-subscribed user deletes their profile, the termination takes effect immediately, and the profile is removed.
Kozmoz has the right to terminate the service of users if they breach the terms or it is necessary to protect Kozmoz's or third party's legitimate interests. Upon termination by Kozmoz, users will receive a notification, their access will be closed, and their profile will be removed from the app.
11. Change of ownership of the Kozmoz app or Kozmoz ehf.
By using the Kozmoz app, the user agrees that ownership of Kozmoz ehf. and therefore ownership of the Kozmoz app, or ownership of the Kozmoz app, can be transferred to a third party, whether entirely or partially, along with all the information that the Kozmoz app stores. The same applies to other legal ownership transfers relating to Kozmoz ehf. and the Kozmoz app, whether entirely or partially. Such ownership transfers will not affect the validity of this agreement or the rights and obligations of the parties according to the terms. When referring to Kozmoz or Kozmoz ehf. in these terms, it means the app or the entity currently holding ownership of it.
12. Law and jurisdiction
All rights and obligations related to the use of the Kozmoz app or these terms are governed by Icelandic laws.
In the event of a dispute between parties regarding the use of the Kozmoz app or the terms, it shall be resolved by the District Court of Reykjavik unless otherwise agreed by Kozmoz. Users who are consumers and fall under the laws on service purchases also have the option to bring their complaints to the Consumer Complaints Board (kvth.is) regarding services provided by Kozmoz.
13. Language and communication
These terms are issued in Icelandic and English. In case of discrepancies between language versions, the Icelandic version shall prevail.
All communications between Kozmoz and users shall be conducted in Icelandic or English language and in an electronic manner. Unless a provision of the terms or legislation specifically relates to written communications, written paper form is not necessary if Kozmoz has made arrangements with the user for written communications via his email address through simple electronic signatures or through Kozmoz.
If the user has comments, suggestions, or complaints regarding Kozmoz's service, he can send them to the email address kozmoz@kozmoz.app. It is expected that complaints will be processed within 30 days but may take longer.
14. Validity
These terms will come into effect on July 1st, 2024.