Terms of Service

These Comfy Terms of Service (the “Agreement”) are made available by Comfy Organization, Inc., a Delaware corporation (“Comfy”) and set forth your rights and obligations when accessing the Comfy Products (as defined below).

The Agreement is entered into by and between Comfy and the entity or person accessing the Comfy Products (“Customer” or “you”). If you are accessing or using the Comfy Products on behalf of your company, you represent that you are authorized to enter into the Agreement on behalf of your company.

PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THE TERMS AND CONDITIONS OF THE AGREEMENT WILL BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND COMFY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU SHOULD NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT USE THE PLATFORM.

1. Definitions

“Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means the ownership of more than fifty percent (50%) of the voting securities or other voting interests of such entity.

“Applicable Laws” means all federal and state laws, treaties, rules, regulations, regulatory and supervisory guidance, directives, policies, orders or determinations of a regulatory authority applicable to the activities and obligations contemplated under this Agreement.

“Comfy API” means the application programming interface and related developer tools made available by Comfy that allow you to access and execute visual AI workflows programmatically as production endpoints from within your own applications or systems.

“Comfy Branding” means the names, logos, and associated trademarks owned or in progress of being owned by Comfy.

“Comfy Cloud” means the cloud-based hosting environment made available by Comfy that allows you to access and run visual AI workflows remotely through Comfy’s infrastructure, without requiring local installation or hardware.

“Comfy Enterprise” means the enterprise-grade product tier made available by Comfy that provides organizations with dedicated infrastructure, enhanced security, administrative controls, and related support services for deploying and managing visual AI workflows at scale.

“Comfy OSS” means the open-source software, source code, libraries, tools, and related components made available by Comfy under one or more open source licenses, including the software repositories published by Comfy at https://github.com/Comfy-Org, as updated, modified, or supplemented from time to time. For the avoidance of doubt, Comfy OSS does not include any proprietary software, infrastructure, or functionality made available by Comfy under these Terms of Service or in connection with any commercial product or offering.

“Comfy Products” means Comfy Cloud, Comfy API, Comfy Enterprise and other products, software, features, tools, and functionality made available by Comfy to you under these Terms of Service, excluding any Comfy OSS.

“Customer Data” means electronic data and information submitted or generated by Customer in connection with its use of the Comfy Products, including all Inputs and Outputs.

“Open Source License” means the open source license(s) under which Comfy makes Comfy OSS available, as identified in the applicable source code repository.

“Operational Metadata” means usage and diagnostic information generated by the Comfy Products and collected by Comfy to support, maintain, and optimize the performance and security of the Comfy Products, including information regarding software versions, system configuration, uptime, error logs, health metrics, and feature usage. Operational Metadata does not include Customer Data or Confidential Information.

“Order Form” means the online sign-up flow, order form or other ordering document entered into or otherwise agreed by Customer that references this Agreement.

“User” means Customer’s or Customer’s Affiliates’ employees and contractors who are authorized by Customer to access and use the Comfy Products on Customer’s or Customer’s Affiliates’ behalf according to the terms of this Agreement.

2. Comfy Products

Right to Access and Use Comfy Products.

Subject to your compliance with all of the terms and conditions of this Agreement, Comfy grants you and your Users a non-exclusive, non-sublicensable, non-transferable right during the term of this Agreement to access and use the Comfy Products as set forth in the applicable Order Form for your internal business purposes.

Customer Data.

As between Comfy and Customer, Customer retains all right, title, and interest in and to any data, images, videos, prompts, models, workflows, nodes, parameters, or other materials submitted or uploaded by Customer to the Comfy Products (“Input”), as well as any images, videos, designs, or other visual content generated through Customer’s use of the Comfy Products as a result of processing Customer’s Input (“Output”). Customer acknowledges that due to the nature of artificial intelligence, Comfy may generate the same or similar Output for other customers, and Customer shall have no right, title, or interest in or to Output generated for any other customer.

No AI Training.

Comfy will not use Input or Output to train generative AI or diffusion models. Comfy may, however, collect and use limited metadata derived from Customer’s use of the Comfy Products, such as prompt classifications, workflow structures, and node configurations, to improve the performance, functionality, and user experience of the Comfy Products.

Comfy OSS.

You may use Comfy OSS under the terms of the applicable Open Source License(s) governing each respective component, as identified in the corresponding source code repository, rather than under these Terms. Nothing in these Terms shall be construed to limit, supersede, or modify any rights or obligations arising under an applicable Open Source License. If you choose to use the Comfy Products in conjunction with Comfy OSS, these Terms apply solely to your use of the Comfy Products and not to the Comfy OSS itself.

Partner Nodes.

Certain features of the Comfy Products allow you to access third-party AI model providers (“Partner Nodes”) through Comfy. When you use a Partner Node, Comfy proxies your request to the applicable third-party provider, transmitting the information necessary to fulfill your request, including prompts, images, models, and parameters. Comfy does not transmit your identity or account information to third-party providers in connection with Partner Node requests. Your use of Partner Nodes is subject to the terms and policies of the applicable third-party provider, and Comfy is not responsible for the data practices of such providers. Usage of Partner Nodes is metered and billed through Comfy.

Modification of Comfy Products.

Comfy may, at any time and in its sole discretion, modify, update, enhance, restrict, suspend, or discontinue the Comfy Products, in whole or in part, including by changing or removing features, functionality, endpoints, specifications, documentation, access methods, usage limits, or availability. Comfy has no obligation to maintain or support any particular version of the Comfy Products or to ensure backward compatibility. Any such modifications may be made with or without notice and may result in interruptions to or degradation of the Comfy Products. Comfy shall have no liability arising out of or related to any modification, suspension, or discontinuation of the Comfy Products, and Customer acknowledges that its use of the Comfy Products is at its own risk and that it should not rely on the continued availability of any aspect of the Comfy Products.

Data Retention and Deletion.

Comfy retains Customer Data for as long as your account remains active or as otherwise necessary to provide the Comfy Products, comply with applicable legal obligations, resolve disputes, and enforce this Agreement. Specific retention periods for different categories of Customer Data are set forth in Comfy’s retention documentation, available at docs.comfy.org/support/data-retention, as updated from time to time. You may request deletion of your account and associated Customer Data by contacting Comfy at legal@comfy.org. Upon receipt of a verified deletion request, Comfy will use commercially reasonable efforts to delete or de-identify your personal information from its primary systems within a reasonable time. You acknowledge that: (i) deletion may not propagate immediately to all backup systems, third-party analytics providers, or observability systems, which retain data subject to their own retention policies; (ii) certain Customer Data may be retained as required by applicable law or for legitimate business purposes such as billing records; and (iii) aggregated or de-identified data derived from your use of the Comfy Products may be retained indefinitely.

3. Customer Responsibilities

Registration.

In order to access and use the Comfy Products, you may be required to register an account by providing us with your email and other information requested in our registration form. You agree to provide us with complete and accurate registration information. You may not attempt to impersonate another person in registration. If you are registering on behalf of an organization, you warrant that you are authorized to agree to this Agreement on their behalf. You agree to be responsible for the security of your account. You accept that you are solely responsible for all activities that take place through your account, and that failure to limit access to your devices or systems may permit unauthorized use by third parties.

General Technology Restrictions.

You agree that you will not, directly or indirectly: (i) sublicense the Comfy Products for use by a third party; (ii) reverse engineer or attempt to extract the source code or underlying methodology from the Comfy Products or any related software, except to the extent that this restriction is expressly prohibited by Applicable Laws; (iii) use or facilitate the use of the Comfy Products for any activities that are prohibited by Applicable Laws or otherwise; (iv) bypass or circumvent measures employed to prevent or limit access to the Comfy Products; (v) use the Comfy Products to create a product or service competitive with Comfy’s products or services; (vi) create derivative works of or otherwise create, attempt to create or derive, or knowingly assist any third party to create or derive, the source code underlying the Comfy Products; or (vii) otherwise use or interact with the Comfy Products for any purpose not expressly permitted under this Agreement.

Acceptable Use; Prohibited Customer Data.

Customer is solely responsible for ensuring that all Input submitted to the Comfy Products complies with all Applicable Laws, and Customer agrees that it will not, and will not permit any third party to submit to Comfy or the Comfy Products or otherwise use the Comfy Products to create: (i) any data, designs, or other materials subject to U.S. export control laws and regulations; (ii) any viruses, malware, ransomware, Trojan horses, worms, spyware, or other malicious or harmful code or content that could damage, disrupt, interfere with, or compromise the Comfy Products, Comfy’s systems or infrastructure, or the data or systems of any other user or third party; (iii) any Customer Data that depicts, promotes, or facilitates illegal activity, including without limitation child sexual abuse material, non-consensual intimate imagery, or content that incites violence or hatred against any individual or group; (iv) any Customer Data that infringes or misappropriates the intellectual property rights, privacy rights, or publicity rights of any third party, including without limitation by submitting models, images, or other materials without the right to do so; (v) any content or information that is intentionally deceptive or misleading, including without limitation synthetic media designed to impersonate a real individual without their consent; or (vi) any Customer Data that could reasonably be expected to cause harm to any individual or group.

4. Payment

Plans; Fees; Free Tier.

Your use of the Comfy Products is subject to the plan selected via the applicable ordering page, online sign-up flow, or order form (“Plan”). Comfy may offer a free or freemium tier (“Free Tier”) and one or more paid tiers; the applicable Plan may include usage caps, feature restrictions, throttling, overage charges, or upgrade requirements, each as described in the pricing page or applicable Order Form. You are responsible for all usage under your account, including usage by your Users and under your credentials and API keys. Comfy may modify, suspend, or discontinue any Plan (including the Free Tier) consistent with this Agreement and the Order Forms.

Self-Serve Credit Card Billing.

For self-serve Plans, Customer will provide a valid payment method (e.g., credit card) and authorizes Comfy (and its payment processor) to charge all fees and taxes when due. Unless the Order Forms state otherwise, subscription components (if any) will be billed in advance on a recurring basis and usage-based components (including any overages) will be billed in arrears for the applicable billing period (and may be charged as usage accrues). Paid self-serve Plans automatically renew for successive billing periods until cancelled through the console or as otherwise described in the Order Forms; if a charge fails, Comfy may retry the charge and Customer must promptly update its payment method.

Invoiced Billing.

If Comfy approves invoiced billing for Customer, Comfy will invoice Customer in accordance with the applicable Order Form, and Customer will pay all undisputed amounts within thirty (30) days of the invoice date. Any purchase Order Forms are for administrative convenience only and will not modify this Agreement. Customer will notify Comfy in writing of any good-faith dispute regarding an invoice within thirty (30) days of the invoice date and will timely pay all undisputed amounts while the parties work to resolve the dispute.

Prepaid Credits.

Customer may prepay for usage credits (“Credits”) which may be applied toward usage of the Comfy Products at the rates set forth on Comfy’s pricing page. Except for documented billing errors or similar service issues attributed to Comfy, all purchases of Credits are final and non-refundable, and Comfy will not issue refunds or credits for any unused, partially used, or remaining Credits under any circumstances, including upon termination or expiration of Customer’s account. Comfy reserves the right to modify the pricing or Credit redemption rates applicable to future Credit purchases upon reasonable notice, but any Credits purchased prior to such modification will be honored at the rates in effect at the time of purchase.

Taxes; Price Changes; No Refunds.

Fees are exclusive of all taxes, duties, levies, and similar governmental assessments (including sales, use, VAT/GST, and withholding taxes), and Customer is responsible for all such amounts other than taxes based on Comfy’s net income; if withholding is required by law, Customer will gross up payments so Comfy receives the invoiced amount, unless prohibited by law. Comfy may change fees or introduce new fees upon prior notice (including by posting to the pricing page or in-product notice), effective as of the next billing period or as otherwise stated in the notice. Except as required by law or expressly stated in the Order Forms, all fees are non-cancellable and non-refundable.

Late Payments; Suspension.

Overdue undisputed amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs. Comfy may suspend or limit access to the Comfy Products (including throttling, disabling API keys, or downgrading to the Free Tier) for non-payment of undisputed amounts after providing commercially reasonable notice and an opportunity to cure, unless Comfy reasonably determines immediate suspension is necessary to protect the Comfy Products or comply with Applicable Laws.

5. Term; Termination

Termination of Agreement.

You may stop using the Comfy Products at any time with or without notice. This Agreement will remain in effect until terminated in accordance with this Section. Either party may terminate this Agreement for convenience upon written notice to the other; provided, however, that to the extent the parties have entered into one or more executed Order Forms with a stated term, such Order Form will remain in effect for its stated term unless earlier terminated in accordance with its terms or this Agreement, and termination of this Agreement will not, by itself, terminate any then-effective Order Form.

Effect of Termination.

Upon any termination or expiration of an Order Form (or this Agreement, if no Order Form is then in effect), Customer will promptly cease all use of the Comfy Products under the terminated arrangement and, if applicable, any continued use must be pursuant to a then-effective Order Form or other written authorization from Comfy. Comfy may suspend or terminate Customer’s access to the Comfy Products, or discontinue the Comfy Products or any portion or feature thereof, at any time; provided that Comfy will not terminate an unexpired Order Form for convenience unless the applicable Order Form expressly permits it, and any suspension or termination may be implemented immediately if Comfy reasonably determines that Customer’s use poses a security risk, violates this Agreement, or materially degrades the Comfy Products. Except as expressly set forth in an Order Form, Comfy will have no liability or other obligation to Customer arising out of or relating to any termination, suspension, or discontinuance under this Section.

Survival.

Termination or expiration will not affect any rights or obligations, including the payment of amounts due, which have accrued under this Agreement up to the date of termination or expiration. Upon termination or expiration of this Agreement, the provisions that are intended by their nature to survive termination will survive and continue in full force and effect in accordance with their terms, including confidentiality obligations, proprietary rights, indemnification, limitations of liability, and disclaimers.

6. Confidentiality

Definition of Confidential Information.

“Confidential Information” means all non-public information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether oral or written, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Confidential Information of Customer includes Customer Data; Confidential Information of Comfy includes the Comfy Products; and each party’s Confidential Information includes the terms of this Agreement and any Order Forms (including pricing), as well as business, financial, marketing, technical, and product information. Confidential Information excludes information that the Receiving Party can demonstrate: (i) is or becomes publicly available without breach; (ii) was known prior to disclosure without breach; (iii) is received from a third party without breach; or (iv) was independently developed without use of or reference to the Disclosing Party’s Confidential Information.

Protection of Confidential Information.

The Receiving Party will: (a) protect Confidential Information using at least reasonable care; (b) use it solely to perform under this Agreement; and (c) limit access to its and its Affiliates’ employees and contractors with a need to know and confidentiality obligations at least as protective as those herein. Neither party may disclose the terms of this Agreement or any Order Form except to its Affiliates, legal counsel, or accountants, and remains responsible for their compliance. Upon written request, the Receiving Party will promptly return or destroy Confidential Information, except for information retained in routine backups or as required by law or internal retention policies.

Compelled Disclosure.

The Receiving Party may disclose Confidential Information if legally required, provided it gives prior notice (where permitted) and reasonable assistance, at the Disclosing Party’s expense, to seek protective treatment. Any disclosure will be limited to what is legally required, and the Receiving Party will request confidential treatment. These obligations survive while Confidential Information remains in the Receiving Party’s possession.

Data Security.

Comfy will implement and maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction. These measures will be no less protective than those Comfy uses to protect its own confidential information of a similar nature. In the event Comfy becomes aware of a confirmed security breach that results in unauthorized access to or disclosure of Customer Data, Comfy will notify Customer without undue delay and will provide reasonable cooperation to assist Customer in investigating and mitigating the effects of such breach. Customer acknowledges that no security measures are perfect or impenetrable, and Comfy does not guarantee that Customer Data will be free from unauthorized access or disclosure.

7. Proprietary Rights

Reservation of Rights.

Comfy and its licensors retain all right, title, and interest, including all intellectual property and proprietary rights, in and to the Comfy Products, Comfy Branding, and all software, code, algorithms, protocols, interfaces, tools, documentation, data structures, and other technology underlying or embodied in, or used to provide, the Comfy Products (collectively, “Comfy Materials”). Except for the limited rights expressly granted to Customer under this Agreement, no rights or licenses are granted, whether by implication, estoppel, or otherwise. Comfy expressly reserves all rights in and to the Comfy Materials not expressly granted hereunder.

Feedback.

You may from time to time provide feedback (including suggestions, comments for enhancements, functionality or usability, etc.) (“Feedback”) to Comfy regarding your experience using, and needs and integration requirements for, the Comfy Products. Comfy shall have full discretion to determine whether or not to proceed with the development of any requested enhancements, new features or functionality, and you hereby grant Comfy the full, unencumbered, royalty-free right to incorporate and otherwise fully exploit Feedback in connection with Comfy’s products and services.

Operational Metadata.

Customer agrees that Comfy may collect and use Operational Metadata to operate, maintain, improve, and support the Comfy Products, including for diagnostics, analytics, system performance, and reporting purposes. Comfy will only disclose Operational Metadata externally if such data is (a) aggregated or anonymized with data across other customers, and (b) does not disclose the identity of Customer or any Customer Confidential Information.

8. Disclaimer

THE Comfy Products AND OUTPUT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. Comfy DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS RELATING TO THE Comfy Products (INCLUDING ANY OUTPUT), WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION, WARRANTY, OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF ANY OUTPUT PROVIDED BY THE Comfy Products IS AT YOUR OWN RISK.

Customer is solely responsible for (a) verifying the Output is appropriate for Customer’s use case, and (b) any decisions, actions, or omissions taken in reliance on the OUTPUT. in no event will Comfy be liable for any damages or losses arising from or related to Customer’s use of or reliance on the OUTPUT, including any decisions made or actions taken based on the OUTPUT.

9. Limitation of Liability

WHEN PERMITTED BY LAW, COMFY, AND COMFY’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Comfy, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF (A) ONE THOUSAND DOLLARS ($1,000); AND (B) THE AMOUNTS PAID OR PAYABLE BY CUSTOMER IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM. IN ALL CASES, Comfy, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Comfy Organization, Inc. and its officers, directors, employees, contractors, and agents from and against any and all third-party claims, demands, actions, suits, or proceedings, and any resulting losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) to the extent resulting from your Customer Data or your breach of this Agreement. You must not settle any claim without Comfy’s prior written consent if the settlement would require Comfy to (a) admit fault, (b) pay any damages or other amounts, or (c) take or refrain from taking any action. Comfy may participate in a claim through counsel of its own choosing at its own expense, and you and Comfy will reasonably cooperate on the defense of any such claim.

11. Governing Law and Dispute Resolution

Governing Law.

This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement, the Comfy Products, or the parties’ relationship (each, a “Dispute”), shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles that would result in the application of the laws of any other jurisdiction.

Binding Arbitration; JAMS.

Except as expressly set forth in Section 11(c) (Exceptions; Injunctive Relief), any Dispute shall be finally resolved by binding arbitration administered by JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (or, if applicable, the JAMS Streamlined Arbitration Rules and Procedures), as in effect at the time the arbitration is commenced. The arbitration shall be seated in San Francisco, California, and conducted in English before one (1) arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Exceptions; Injunctive Relief.

Notwithstanding anything to the contrary, either party may seek temporary, preliminary, or permanent injunctive relief (or other equitable relief) in any court of competent jurisdiction located in San Francisco, CA to prevent or enjoin actual or threatened misuse, infringement, or misappropriation of its intellectual property rights, confidential information, or proprietary rights, without the necessity of posting bond or proving actual damages to the extent permitted by Applicable Law. In addition, either party may bring an individual claim in small claims court in San Francisco, CA, if the claim qualifies.

Class Action Waiver.

To the fullest extent permitted by Applicable Law, the parties agree that any Dispute will be brought and resolved on an individual basis only, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, or representative action or proceeding. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.

Waiver of Jury Trial.

To the fullest extent permitted by Applicable Law, each party hereby knowingly and irrevocably waives any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement or the Comfy Products.

Exclusive Forum for Court Proceedings.

To the extent any Dispute is not subject to arbitration under this Agreement, the parties agree to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, CA and each party irrevocably submits to such jurisdiction and venue and waives any objection based on inconvenient forum.

Confidentiality.

The arbitration, including the existence of the arbitration, all materials submitted, and all testimony and awards, shall be confidential and may not be disclosed except as necessary to conduct the arbitration, to enforce an award, or as required by Applicable Law.

Time Limit.

To the fullest extent permitted by Applicable Law, any Dispute must be brought by you within one (1) year after the claim or cause of action first arose, or it is permanently barred.

12. Miscellaneous

Export Compliance.

You will comply with the export laws and regulations of the United States, the European Union and other applicable jurisdictions in providing and using the Comfy Products.

Publicity.

You agree that Comfy may refer to your name, logo, and trademarks in Comfy’s marketing materials and website; however, Comfy will not use your name or trademarks in any other publicity (e.g., press releases, customer references and case studies) without your prior written consent (which may be by email) not to be unreasonably withheld, conditioned, or delayed.

Third-Party Infrastructure.

Customer acknowledges that the Comfy Products relies on third-party infrastructure, hardware, and services, including cloud computing providers and GPU infrastructure providers (collectively, “Third-Party Infrastructure”), and that the availability, performance, and security of the Comfy Products may be affected by the operation, maintenance, or failure of such Third-Party Infrastructure. Comfy will use commercially reasonable efforts to maintain Comfy Products availability but makes no representation or warranty regarding the performance or availability of any Third-Party Infrastructure, and Comfy shall have no liability to Customer for any interruption, degradation, loss of data, or other harm arising out of or related to any failure, outage, or limitation of Third-Party Infrastructure, whether or not within Comfy’s control.

Assignment; Delegation.

Neither party hereto may assign or otherwise transfer this Agreement, in whole or in part, without the other party’s prior written consent, except that Comfy may assign this Agreement without consent to a successor to all or substantially all of its assets or business related to this Agreement. Any attempted assignment, delegation, or transfer by either party in violation hereof will be null and void. Subject to the foregoing, this Agreement will be binding on the parties and their successors and assigns.

Amendment; Waiver.

Comfy reserves the right in its sole discretion and at any time and for any reason to modify this Agreement. Any modifications to this Agreement shall become effective upon the date of posting. Your continued use of, or access to, the Comfy Products after an update goes into effect will constitute acceptance of the update. If you do not agree with an update, you may stop using the Comfy Products or terminate this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any such waiver will apply only to the specific provision and under the specific circumstances for which it was given, and will not apply with respect to any repeated or continued violation of the same provision or any other provision. Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

Relationship.

Nothing contained herein will in any way constitute any association, partnership, agency, employment or joint venture between the parties hereto, or be construed to evidence the intention of the parties to establish any such relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise to, or is intended to give rise to any rights of any kind in favor of any third parties.

Unenforceability.

If a court of competent jurisdiction determines that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement will remain in full force and effect and bind the parties according to its terms.

Notices.

Any notice required or permitted to be given hereunder will be given in writing by personal delivery, certified mail, return receipt requested, or by overnight delivery. Notices to you may be sent to the email address provided by you when you created your account with Comfy. Notices to Comfy must be sent to the following: 201 Spear Street, Ste 17, San Francisco, CA 94105.

Entire Agreement.

This Agreement comprises the entire agreement between you and Comfy with respect to its subject matter, and supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements (oral and written). No oral or written information or advice given by Comfy, its agents or employees will create a warranty or in any way increase the scope of the warranties in this Agreement.

13. Contact Us

If you have any questions regarding this Agreement or the Comfy Products, please contact us at: legal@comfy.org.