TERMS OF SERVICE
for Comfyui
Welcome to the ComfyUI offering, provided by Comfy Organization, Inc.
Please read these Terms of Service (these "Terms") carefully, as they constitute a legally binding agreement between Comfy Organization, Inc., a Delaware corporation ("Comfy Org," "We," "Us," or "Our"), and an end-user ("You" and "Your") and apply to Your use of the Services (as defined below). In case You are subscribing to the Services as a representative of or on behalf of an entity (e.g., Your employer, the "Client" or "Entity"), Your acceptance of these Terms also binds the Client or Entity, and any reference in these Terms to "You" shall also mean the "Client" or "Entity" and its affiliates.
You hereby agree to accept these Terms by (a) either using the Services, or (b) by opening an account under a username. BEFORE YOU DO EITHER OF THOSE, PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES OR SET UP AN ACCOUNT.
You also agree to abide by other Comfy Org rules and policies, including our Privacy Policy https://www.comfy.org/privacy-policy (which explains what information we collect from You and how we protect it) that are expressly incorporated into and are a part of these Terms. Please read them carefully.
Once You accept these Terms You are bound by them until they are terminated. See Section 10 (Term and Termination).
By accessing or using the Software or Services in any way, You represent that (1) You have read, understand, and hereby agree to be bound by these Terms, (2) You are of legal age to form a binding contract with Comfy Org, and (3) You have the authority to enter into these Terms personally or on behalf of the Client/Entity. If You do not agree to be bound by, or cannot conform with, these Terms, You may not use the Services. You will be legally and financially responsible for all actions using or accessing the Services, including the actions of anyone You allow to access Your Account.
IF YOU ACCEPT THESE TERMS, YOU AND COMFY ORG AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION.
1. DEFINITIONS
"Business User" mean an entity or individual using the Software or Services primarily for business, commercial, or professional purposes.
"ComfyUI Branding" means the names, logos, and associated trademarks owned or in progress of being owned by Comfy Org, Inc.
"ComfyUI Software" or "Software" means the open-source software product named
"ComfyUI," including its desktop applications, source code, and user interface elements.
"Customer Data" means any data, content, information, prompts, or workflows that You submit, upload, transmit, or process through the Software or Services.
"Consumer User" means an individual using the Software or Services primarily for personal, family, or household purposes.
"Intellectual Property Rights" means all (i) patents, patent disclosures, and inventions (whether patentable or not), (ii) trademarks, (iii) copyrights and copyrightable works (including computer programs), and rights in data and databases, and (iv) all other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
"Open Source License" means the specific open-source license(s) governing the ComfyUI Software, primarily the GNU General Public License v3 (GPLv3) for its UI elements and potentially other components.
"Providers" means certain third-party service providers utilized by Comfy Org for certain functionality, including hosting and payment processing.
"Services" means all current and future commercial and auxiliary services provided by Comfy Org in connection with the ComfyUI Software, including but not limited to:
Commercial services:
Comfy Cloud - paid and fully managed cloud based ComfyUI hosted in our data centers
API Nodes - paid integrations with third-party API services available within ComfyUI
Support, Training, Consulting - paid services related to ComfyUI
Open source services:
Custom Node Registry - marketplace of custom nodes freely available to ComfyUI users
Any other hosted experiences or tools offered by Comfy Org.
2. COMFYUI SOFTWARE LICENSE
Open Source Nature. The ComfyUI Software itself is open-source and distributed under the terms of the GNU General Public License v3 (GPLv3), or other specific open-source licenses for particular components, as applicable. Your rights to use, modify, and distribute the ComfyUI Software are governed by the respective Open Source Licenses.
No Charge for Software. Comfy Org explicitly acknowledges that we do not charge for the ComfyUI Software itself. The fees outlined in these Terms are solely for the Services we provide around the Software, such as hosting, compute, and additional functionalities.
Service Updates. You understand that the Software is evolving, and features and benefits You receive upon Your initial use may change. You acknowledge and agree that Comfy Org may update the Software with or without notifying You, including adding or removing features, products, or functionalities.
3. USING THE SERVICES
What We Provide. We offer certain Services (composed of free open source and chargeable items) that allow You to create and manage AI workflows using the ComfyUI Software. The Services provide functionality for You to input prompts, run workflows on Comfy Cloud run without installing or maintaining local dependencies, utilize API Nodes, access custom nodes, and generate various outputs.
(b) Beta Phase. During the private beta, Comfy Cloud is provided on a pre-release, experimental basis. Comfy Org makes no commitments or warranties as to performance, uptime, or data retention of the Beta Service. Beta users acknowledge that Comfy Cloud may be modified, suspended, or terminated at any time without notice. Data associated with Beta accounts may be deleted following termination or the end of the beta period.
(c) Fair Use and System Protection. Comfy Org reserves the right to impose reasonable use limits, throttle access, or suspend Beta accounts where compute or storage use exceeds normal testing parameters, impacts other users, or violates these Terms.
(d) Data Handling. Customer Data processed via Comfy Cloud is stored temporarily on secure Comfy Org servers hosted by third-party providers (e.g., AWS, Google Cloud). Comfy Org retains Customer Data for up to thirty (30) days following termination, after which such data may be permanently deleted. Locally run ComfyUI sessions remain private and are not accessible to Comfy Org.
(e) Feedback. You agree that any feedback, suggestions, or reports provided during the Beta may be used by Comfy Org without restriction.
Service Availability & Support. We will use commercially reasonable efforts to make the Services available, but we do not guarantee specific uptime or availability. Support is available through our designated channels as posted on our website. We encourage users to contact us with questions or issues.
Right to Use. Subject to Your compliance with these Terms and the payment of applicable fees, Comfy Org grants You a non-exclusive, non-transferable, and revocable right to access and use the Services solely for Your internal business operations or personal use during the term of these Terms. This right includes access to the features, functionalities, and documentation of the Services as set out on our website. You may authorize Your employees, contractors, or agents to receive the Services on Your behalf, provided that such use complies with these Terms. You remain responsible for all acts and omissions of Your authorized users.
Third Parties. We may utilize certain third-party service providers (our "Providers") for certain functionality, including hosting and payment processing. You understand and agree that when You use these aspects of the Services, a Provider will technically have access to, and will process, Your Customer Data and share with us the results of processing that information as necessary to provide the Services. For more information about how we handle Your data, please see our Privacy Policy.
Software Distribution & Maintenance. Comfy Org maintains and distributes the ComfyUI desktop application (.exe, .dmg) and supports manual installation (Python/pip). Docker containers are provided and maintained by community contributors, and Comfy Org does not assume responsibility for their direct maintenance or support. Our official installers and distributions do not bundle third-party dependencies under separate licenses in a way that would alter the primary ComfyUI Software license.
Disclaimer of Warranty/Liability. To the maximum extent permitted by law, Comfy Org provides the ComfyUI Software and Services "AS IS" and without warranty of any kind. We do not guarantee any Software or Service performance, or its reliability, or freedom from defects. Any warranties or liabilities from us are exclusively related to the Services as defined in these Terms. We expressly disclaims all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Except as explicitly provided hereunder, we make no warranty, representation, or condition with respect to any of our offerings, including but not limited to, the quality, effectiveness, reputation, and other characteristics of the Services or Software. We make no representation or warranty that the Services or Software will be uninterrupted, error-free, or timely. The Services or the Software may be subject to delays, cancellations, and other disruptions
4. YOUR RESPONSIBILITIES AND COMPLIANCE OBLIGATIONS
General Responsibilities. You are solely responsible for:
Any and all obligations with respect to the accuracy, quality, and legality of Customer Data;
The content of any prompts, inputs, or criteria You provide to the Software or Services;
Reviewing and validating all outputs from the the Software or Services, including AI-generated content;Ensuring all Your activities and content within the Software or Services comply with applicable laws;
Maintaining appropriate human oversight of processes involving the Software or Services and AI-generated content;
Complying with all licenses and usage terms for any models, weights, datasets, custom nodes, or workflows you access via the Services or upload yourself (including OSS and closed-source licenses). Comfy Org does not grant rights beyond those licenses.
Obtaining legal advice and complying with all applicable laws and regulations specific to AI-generated content, data privacy, intellectual property, and automated decision systems, if Your use cases fall under such regulations; and
All consequences resulting from Your inputs into the Software or Services and outputs generated by the Services.
Evolving Legal Landscape. You acknowledge that the legal and regulatory framework governing AI-based tools is rapidly evolving and that:
New laws, regulations, court decisions, and regulatory guidance regarding AI-powered systems are emerging regularly;
Legal standards and requirements may change at any time;
Comfy Org does not guarantee that the Software or Services will comply with future legal developments or changes in law;
You are responsible for monitoring legal developments relevant to Your use of the the Software or Services; and
You may need to modify Your use of the Software or Services or discontinue use in certain jurisdictions in response to legal developments.
YOU ASSUME ALL RISK AND LIABILITY ASSOCIATED WITH ENSURING THAT YOUR USE OF THE SOFTWARE AND/OR SERVICES COMPLIES WITH APPLICABLE LAWS IN ALL RELEVANT JURISDICTIONS.
Business User Additional Responsibilities. If You are a Business User, You additionally acknowledge and agree that: i. You have greater resources and expertise to evaluate the legal implications of using AI services in Your business; ii. You are responsible for implementing appropriate governance and oversight procedures for AI use in Your organization; iii. You will conduct appropriate due diligence before using the Software or Services for any business-critical applications; and iv. You understand that certain uses of AI in commercial contexts may be subject to additional regulatory requirements.
5. USE RESTRICTIONS
You agree not to, directly or indirectly (and will not permit any third party) to:
With respect to certain Services (i.e. Custom node Registry, Public Documentation) do anything other than use them for Your own use, including not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services except as permitted hereunder; provided that this does not prohibit (i) commercial use of the ComfyUI Software itself in accordance with its Open Source License, (ii) your ability to resell our API nodes services in your hosted ComfyUI cloud products, or (iii) your ability to use Comfy Cloud for a third party’s benefit;
Use ComfyUI Branding, including Comfy Org's name, trademarks, service marks, trade names, designs, logos, photos, or any other materials we make available via the Services, except as allowed by these Terms;
Remove, alter, or destroy any copyright notices or other proprietary markings (trademarks, service marks or other proprietary notices) contained on or in the Services;
Copy, modify, translate, adapt, merge, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services other than as expressly permitted by these Terms or enabled by the Services' intended functionality;
Upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Software or Services;
Violate any applicable law or regulation in connection with Your access to or use of the Services or the Software;
Disrupt or hinder (or try to do so) any of the Software web pages, connected servers or networks, or technical systems of a Provider, or not follow protocols or guidelines linked to the Software or Services;
Try to detect, scan, or test any vulnerabilities of the Software without informing us of the foregoing before publicizing, or do any of the foregoing to our or our Provider's system or network, or breach or override any security or authentication protections for the Software or Services without informing us before publicizing;
Pretend to be someone else or falsely represent Your association with any other entity;
Access Software or the Services in ways that are not authorized by this Agreement; or
In respect of content You create:
violate laws or others’ rights (including but not limited to, intellectual property and data privacy rights), nor promote, contribute to, encourage, facilitate, plan, incite, or further anyone else’s violation of the law or others’ rights;
commit, promote, contribute to, facilitate, encourage, plan, incite, or further any of the following:
violence, terrorism or generation of hateful content that discriminates or threatens a protected group of people (whether based on gender, ethnicity, sexual identity or orientation, or religion, among others);
exploitation or harm to children, including the solicitation, creation, acquisition, or dissemination of child exploitative content; or
encouragement or instructions related to self-harm;
to promote human trafficking, exploitation, and sexual violence;
to harass, abuse, threaten, stalk, or bully individuals or groups of individuals;
to create non-consensual nudity or illegal pornographic content;
to create and disseminate extreme gore such as images involving bodily destruction, mutilation, torture or animal abuse;
to discriminate in the provision of employment, employment benefits, credit, housing, other economic benefits, or other essential goods and services on the basis of race, color, caste, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age, disability, or genetic information (including family medical history) except as may be required by Law;
for purposes of or for the performance of:
fully automated decision-making, including profiling, with respect to an individual or group of individuals which produces legal effects concerning such individual(s) or similarly significantly affects such individual(s);
systematic or automated scraping, mining, extraction, or harvesting of personally identifiable data, or similar activity, from the output of any part of the Services except with respect to data that end users have provided as input to the Services and which end users are legally entitled to process, for so long as end users retain such entitlement;
development, improvement, or manufacture of any weapons of mass destruction (such as nuclear, chemical, or biological weapons), weapons of war (such as missiles or landmines), or any gain of function-related activities with respect to any pathogens;
mission critical applications or systems where best industry practices require fail-safe controls or performance, including operation of nuclear facilities, aircraft navigation, electrical grids, communication systems, water treatment facilities, air traffic control, life support, weapons systems, or emergency locator or other emergency services;
to intentionally deceive or mislead others, including the use of the Services related to the following:
generating, promoting, or furthering fraud or the creation or promotion of disinformation;
generating, promoting, or furthering defamatory content, including the creation of defamatory statements, images, or other content;
generating, promoting, or further distributing spam;
impersonating another individual without consent, authorization, or legal right
representing or misleading people into believing that the use of the Services or outputs are human-generated;
generating or facilitating false online engagement, including fake reviews and other means of fake online engagement;
generating or facilitating large-scale disinformation campaigns; or
generating political advertisements, propaganda, or influence campaigns;
fail to appropriately disclose to end users any known dangers of applicable AI system or misrepresent or mislead with respect to its abilities.
In all cases, Comfy Org will determine in our sole discretion whether any action of an end-user violates the above rules. We reserve the right to terminate or limit the visibility of Your Account, and notify third parties, including law enforcement, and provide those third parties with information relating to Your Account.
6. ACCOUNTS AND USER INFORMATION
Registration. To access or use certain features of the Software and the Services, You must register for an account ("Account") and provide information as prompted by the account registration flow. You represent and warrant that: (a) all registration information You submit is truthful and accurate; and (b) You will maintain and promptly update such information to keep it true, accurate, current, and complete. You may delete Your Account at any time, for any reason in accordance with Section 10.3(c).
Eligibility. We only provide our offerings to to end-users who can form legally binding contracts under applicable law. By accessing or using the Software or Services, You represent and warrant that You are at least 18 years of age or over the age of majority in the state or country where You are a resident or citizen. You are not eligible to be an end-user if You are barred from using the Software or Services under the laws of the United States or any other applicable jurisdiction.
User Information & Credentials. When You create an Account with Comfy Org, You may be asked to choose a username and password. You acknowledge and agree that You are exclusively responsible for the security and confidentiality of Your login credentials and for all use of the Software or the Services and all related charges that may arise from such use of the Software or the Services in connection with Your login credentials, with or without Your knowledge. You agree that You will monitor Your Account. You are responsible for any use of Your credit card or other payment instrument. You may not share Your Account or password with anyone, and You agree to notify Comfy Org immediately of any actual or suspected unauthorized use of Your Account, Your password, or any other breach of security as related to the Software or Services, including on any hardware device which You may use to access the Software or Services. Notwithstanding the foregoing, and subject to Your subscription order, corporate account-holders may generate log-in credentials for other team members.
7. INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP AND GRANTS
Comfy Org's Rights. The Services utilizes technology, capabilities, and contains certain materials provided by Us as well as our licensors, including but not limited to, all proprietary content, information, software (excluding the open-source ComfyUI Software), images, text, graphics, illustrations, logos, photographs, audio, video, and music. Comfy Org and its licensors reserve all ownership and Intellectual Property Rights to all parts of the Services. Your use rights, as set out under Section 3(c), are subject to compliance with these Terms and the payment of the fees applicable to Your subscription.
Your Rights.
Software Rights. Your rights to the ComfyUI Software are governed by the applicable Open Source Licenses as described in Section 2. These licenses grant you the right to use, modify, and distribute the ComfyUI Software in accordance with their terms, including the GNU General Public License v3 (GPLv3) for the primary components.
Service Rights. Your rights to use the Services are as described in Section 3(c), which grants you a non-exclusive, non-transferable, and revocable right to access and use the Services during the term of these Terms, subject to compliance with these Terms and payment of applicable fees.
Your Content. You retain ownership of Your Customer Data, subject to the rights You grant to us as described in Section 7(c) below. You also exclusively own all Outputs generated through your use of the Services and subject to compliance with the acceptable uses of the Services, you may utilize all Outputs at your discretion.
Our Rights to Use Your Data
Local Software Use
Complete Privacy
When you use ComfyUI locally on your own device, we do not track, collect, store, or have access to any of your data, workflows, models, or usage patterns. Your local use remains entirely private.
Server-Based Services
When you use our server-based services (such as Comfy Cloud, the Custom Node Registry or API nodes), the following terms apply:
Rights You Grant Us You hereby grant Comfy Org a worldwide, royalty-free, sublicensable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute ("Handle") Your Customer Data solely for the purpose of providing You the Services.
Privacy and Data Storage
When using server-based Services (such as Comfy Cloud), Customer Data, including workflow definitions, prompts, and generated outputs, shall be temporarily stored and processed on secure servers located in the United States. Comfy Org implements industry-standard security measures to protect such data. Data is retained for thirty (30) days following account termination, after which it may be deleted or anonymized.
Important Limitations on Our Use:
No Public Disclosure: We will not publish, share publicly, or make available to third parties any of Your Customer Data submitted through our server-based services
Internal Use Only: We may use Your Customer Data internally for service operation, improvement, and technical support purposesLegal Exceptions: We may disclose Your Customer Data only when required by law or legal process
Custom Node Registry: For custom nodes you publish on our registry, you understand that these are intended for public distribution to the ComfyUI community
No Training: We do not train models based on your data.
Feedback and Suggestions You agree that submission of any ideas, suggestions, documents, and/or proposals to Comfy Org ("Feedback") is at Your own risk and that Comfy Org has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that You have all rights necessary to submit the Feedback. You hereby grant to Comfy Org a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable and transferable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback for any purpose.
Aggregate Statistics Comfy Org may collect and compile data related to the use of our server-based services in an aggregate and anonymized manner, including statistical and performance information related to the provision and operation of the Services ("Aggregated Statistics"). Such Aggregated Statistics contain no personally identifiable information and are wholly owned by Comfy Org with all rights reserved.
Communications By using our server-based services, You agree to receive communications from Us, including via email, and/or push notifications. Communications may include operational messages concerning Your Account, updates about new features, and news concerning Comfy Org and ComfyUI.
8. MODEL AND WORKFLOW DISTRIBUTION
ComfyUI Recommended Content. Comfy Org, Inc. provides and recommends example workflows on our documentation site and through built-in templates within ComfyUI. These may be hosted by us or externally (e.g., on HuggingFace).
Third-Party Model Licenses. The models and workflows recommended or used with ComfyUI may be subject to various third-party licenses, including but not limited to:
CreativeML Open RAIL-M License (for Stable Diffusion);
Apache 2.0 License (permitting personal, scientific, and commercial use);
Flux Dev License (typically for non-commercial use); or
Other licenses as applicable from time to time to new models provided through the Services
You are solely responsible for understanding and complying with the terms of all applicable third-party model licenses.
Disclaimer for AI-Generated Content. You acknowledge that content generated using AI models, including those accessible via ComfyUI, may contain inaccuracies, biases, or hallucinations. Comfy Org, Inc. disclaims all liability for the accuracy, completeness, reliability, or legality of any content generated by or through the use of the Software or Services, especially when using external models. You are responsible for critically evaluating and verifying any AI-generated content before relying on it or distributing it.
9. FEES AND PAYMENT
Service Fees. You agree to pay all fees associated with Your use of the paid Services, as described on our pricing pages or applicable order forms, which are subject to change. We do not charge for the ComfyUI Software itself. In the event we change any pricing plan, such revised pricing shall be applicable to your usage in the next billing cycle.
Pricing Model. API Nodes are charged via a prepaid credit system, as further set out on our website. Comfy Cloud access rights are obtained through purchase of a monthly subscription; the use rights are subject to a compute quota in respect of use of the Comfy Cloud hosted models. The exact amounts payable for any particular execution of output during use of a Comfy Cloud model is determinable solely after the execution. In the event you have exhausted your use rights that are granted pursuant to each month’s subscription fees, you may top up credits and purchase further Comfy Cloud model usage.
Payment Processors. We utilize Stripe to process payments, supporting credit cards, debit cards, and international payment wallets as accepted by Stripe. We do not keep any credit card information. All payment processing is executed by our Providers and their terms apply to the handling of Your personal and payment processing information, as applicable.
Refund Policy.
For prepaid credits - we offer refunds for unused prepaid credits within 30 days of purchase, minus any credits already consumed.
We offer refunds for service errors on our end that result in loss of paid services or credits.
All other fees are generally non-refundable unless otherwise specified.
If we choose to end Your Account at our discretion (and not due to a breach by You), we shall provide You a pro-rated refund for all payments made to us in respect of Your subscription.
Taxes. Fees shall be charged in US dollars, and You agree to pay all applicable taxes in respect of the Fees.
Billing Disputes. If You believe You have been charged in error, please contact us within 60 days of the charge. We will investigate all billing disputes in good faith.
10. TERM AND TERMINATION
Term. These Terms commence on the earlier of the date You first used the Software or our Services or the date when You accepted these Terms, and these Terms will remain in full force and effect while You use the Software and the Services, unless terminated earlier in accordance with this Section 10.
Termination by Comfy Org. Comfy Org has the right to suspend or terminate any of the Software or the Services provided to You in the following circumstances:
If You have materially breached any provision of these Terms and failed to cure such breach within thirty (30) days after written notice;
If Comfy Org is required to do so by law (e.g., where the provision of the Software or Services is, or becomes, unlawful);
If You engage in conduct that poses a risk to other users or the integrity of the Software or the Services; or
If Your account remains inactive for more than one (1) year.
For material breaches that cannot be cured or pose immediate risk, Comfy Org may terminate immediately without notice.
Termination by You.
You may terminate these Terms at any time by ceasing to use the Software or Services and closing Your Account.
You may delete Your Account through Your account settings or by contacting support@comfy.org.
Upon termination by You, these Terms (other than the clauses which survive termination) shall no longer apply.
Effect of Termination.
If the provision of Services are terminated for any reason, Your right to access and use the Services shall cease immediately.
You will have thirty (30) days from termination to download Your Customer Data, after which we may delete it.
All outstanding fees and charges shall become immediately due and payable.
Termination shall not affect any rights or obligations that accrued prior to termination.
Survival. All Sections which are meant to survive any the termination or expiry of these Terms shall survive any such expiry or termination.
11. DISCLAIMER OF WARRANTIES AND CONDITIONS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SOFTWARE AND SERVICES IS AT YOUR SOLE RISK, AND THE SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. COMFY ORG EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
EXCEPT AS EXPLICITLY PROVIDED HEREUNDER, COMFY ORG MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO THE SOFTWARE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF THE SOFTWARE OR THE SERVICES. COMFY ORG MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR TIMELY. THE SOFTWARE OR THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS.
YOU ACKNOWLEDGE AND AGREE THAT COMFY ORG DOES NOT:
REVIEW, EVALUATE, OR ASSESS THE CONTENT OF PROMPTS OR INPUTS YOU PROVIDE INTO THE SERVICE;
PROVIDE GUIDANCE, RECOMMENDATIONS, OR ADVICE REGARDING WHAT PROMPTS OR INPUTS TO USE;
MONITOR YOUR USE OF THE SOFTWARE OR THE SERVICES FOR COMPLIANCE WITH APPLICABLE LAWS;
GUARANTEE THAT PROMPTS OR INPUTS YOU PROVIDE ARE APPROPRIATE, NON-DISCRIMINATORY, OR LEGALLY COMPLIANT; OR
ASSUME ANY RESPONSIBILITY FOR THE CONTENT YOU CREATE, UPLOAD, OR USE WITHIN THE SOFTWARE OR THE SERVICES.
COMFY ORG EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM YOUR SELECTION, USE, OR RELIANCE ON ANY PROMPTS, INPUTS, OR CONTENT WITHIN THE SOFTWARE OR THE THE SERVICES, INCLUDING AI-GENERATED CONTENT.
THE SOFTWARE OR THE SERVICES ARE NOT TAILORED FOR LEGAL COMPLIANCE IN ANY PARTICULAR JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT:
Comfy Org does not represent or warrant that use of the Software or the Services will comply with the specific legal requirements of Your jurisdiction(s) of operation;
Comfy Org does not monitor changes in laws or regulations that may affect the legality of using the Software or the Service;
You are solely responsible for ensuring that Your use of the Software and Services complies with all applicable laws and regulations in each jurisdiction where You operate;
YOU ASSUME ALL RISK AND LIABILITY ASSOCIATED WITH ENSURING THAT YOUR USE OF THE SERVICES COMPLIES WITH APPLICABLE LAWS IN ALL RELEVANT JURISDICTIONS.
12. LIMITATION OF LIABILITY
DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMFY ORG BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICE, IN EACH CASE WHETHER OR NOT COMFY ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SOFTWARE OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMFY ORG'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SOFTWARE OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID OR PAYABLE BY YOU TO COMFY ORG IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
If You are a Consumer User, certain jurisdictions may not allow the exclusion or limitation of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law, and You may have additional rights under consumer protection laws.
13. INDEMNIFICATION
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Comfy Org, our affiliates, directors, officers, stockholders, employees, licensors, and agents ("Comfy Org Parties") from and against any and all third party complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to:
Your access to or use of the Software or the Services;
Your breach of these Terms, any rights of another party or any applicable law or regulation;
Your Customer Data or any content You create, upload, or share through the Software or the Services;
Your negligence or willful misconduct; or
Any claim that Your use of the Software or Services infringes or violates the rights of any third party.
Comfy Org reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Comfy Org in asserting any available defenses. You agree that the provisions in this section will survive any termination of Your Account, these Terms and/or Your access to the Services or Software.
Comfy Org will indemnify, defend and hold You, Your directors, officers and representatives from and against any claim brought by a third party against You arising from or in relation to:
Comfy Org's gross negligence or willful misconduct; or
Allegations that Your use of a Service or Software as permitted hereunder infringes or misappropriates a third party's valid patent, copyright, trademark or trade secret in the United States (an "IP Claim").
Comfy Org shall, at Comfy Org's expense, defend such IP Claim and pay damages finally awarded against You in connection therewith, including reasonable fees and expenses of attorneys engaged by Comfy Org for such defense, provided that:
You promptly notify Comfy Org of the threat or notice of such IP Claim;
Comfy Org will have sole, exclusive control and authority to select defense attorneys, defend and/or settle any such IP Claim (however, Comfy Org shall not settle or compromise any claim that results in liability or admission of any liability by You without Your prior written consent); and
You fully cooperate with Comfy Org in connection therewith.
If your use of a Service or Software has become, or, in Comfy Org's sole discretion, is likely to become, the subject of any such IP Claim, Comfy Org may, at Comfy Org's option and expense: i. Procure for You the right to continue using the Software or Services as set forth hereunder; ii. Replace or modify a Software or Service to make it non-infringing; or iii. If options (i) or (ii) are not commercially reasonable or practicable as determined in Comfy Org's sole discretion, terminate Your subscription to the Software or Services and repay You, on a pro-rata basis, any Fees paid to Comfy Org for the unused portion of the subscription term for the Services.
Comfy Org will have no liability or obligation under this Section with respect to any IP Claim if such claim is caused in whole or in part by: i. Modification of the Software or the Services by anyone other than Comfy Org; or ii. The combination, operation or use of the Software or the Services with other hardware or software where a Service would not by itself be infringing.
The provisions of this Section state the sole, exclusive and entire liability for Comfy Org in respect of an IP Claim.
14. GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law. These Terms and all related documents including all exhibits attached hereto, and all matter arising out of or relating to these Terms, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to these Terms or the Software or Services shall be finally settled by binding arbitration in the State of California in accordance with the rules of the American Arbitration Association (AAA), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the English language.
15. MISCELLANEOUS
Entire Agreement. These Terms, together with any policies referenced herein, constitute the entire agreement between You and Comfy Org, Inc. regarding the Software and Services, superseding all prior or contemporaneous communications and proposals, whether oral or written.
Export Control and Sanctions Compliance. You represent and warrant that You will not access or use the Software or Services in violation of United States export control, sanctions, or anti-terrorism laws, including the Export Administration Regulations (EAR) and regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). You further agree not to access or use the Services from countries or regions subject to comprehensive U.S. sanctions.
Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver. No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Assignment. You may not assign or transfer these Terms, in whole or in part, without our prior written consent. Comfy Org may assign these Terms without Your consent.
Changes to Terms. These Terms are subject to occasional revision by Comfy Org. When changes are made, Comfy Org will make a new copy of these Terms of Service available on its website and on the Software or the Services. We will also update the date at the top of these Terms. If we make any substantial changes, and You have registered with us to create an Account, we will also send an email to You at the last e-mail address You provided to us to notify You. Any changes to these Terms will be effective immediately for new registered users of the Software or the Services and will be effective 30 days after posting notice of such changes on the website for existing registered end-users, provided that any material changes will be effective for end-users who have an Account with us upon the earlier of 30 days after posting notice of such changes on the Site or 30 days after dispatch of an e-mail notice of such changes to such users. Comfy Org may require You to provide consent to the updated Terms in a specified manner before further use of the Software or the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGES AFTER RECEIVING NOTICE OF SUCH CHANGE(S), YOU WILL STOP USING THE SOFTWARE AND THE SERVICES. OTHERWISE, YOUR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
Notices: All notices to Comfy Org must be in writing and sent to hello@comfy.org. All notices from Comfy Org to You will be sent to the email address associated with Your account.
