Terms of Service
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
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.
4. Your Responsibilities
You are responsible for your use of the Services and any content you create, share, or distribute through them. You agree to use the Services in a manner that is lawful, respectful, and consistent with these Terms. You are solely responsible for maintaining the security of your account credentials.
5. Use Restrictions
You agree not to misuse the Services. This includes, but is not limited to:
- Attempting to gain unauthorized access to any part of the Services
- Using the Services to distribute malware, viruses, or harmful code
- Interfering with or disrupting the integrity or performance of the Services
- Scraping, crawling, or using automated means to access the Services without permission
- Publishing custom nodes or workflows that contain malicious code or violate third-party rights
6. Accounts and User Information
Certain features of the Services may require you to create an account. You agree to provide accurate and complete information when creating your account and to keep this information up to date. You are responsible for all activity that occurs under your account. We reserve the right to suspend or terminate accounts that violate these Terms.
7. Intellectual Property Rights
The Services, excluding open-source components, are owned by Comfy and are protected by intellectual property laws. The Comfy name, logo, and branding are trademarks of Comfy Org, Inc. You retain ownership of any User Content you create. By submitting User Content to the Services, you grant Comfy a non-exclusive, worldwide, royalty-free license to host, display, and distribute such content as necessary to operate the Services.
8. Model and Workflow Distribution
When you distribute models, workflows, or custom nodes through the Registry or Services, you represent that you have the right to distribute such content and that it does not infringe any third-party rights. You are responsible for specifying an appropriate license for any content you distribute. Comfy does not claim ownership of content distributed through the Registry.
9. Fees and Payment
Certain Services may be offered for a fee. If you choose to use paid features, you agree to pay all applicable fees as described at the time of purchase. Fees are non-refundable except as required by law or as expressly stated in these Terms. Comfy reserves the right to change pricing with reasonable notice.
10. Term and Termination
These Terms remain in effect while you use the Services. You may stop using the Services at any time. Comfy may suspend or terminate your access to the Services at any time, with or without cause and with or without notice. Upon termination, your right to use the Services will immediately cease. Sections that by their nature should survive termination will continue to apply.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMFY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICES. COMFY'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO COMFY IN THE TWELVE MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless Comfy, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Services, your User Content, or your violation of these Terms.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.
15. Miscellaneous
These Terms constitute the entire agreement between you and Comfy regarding the Services. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver. We may assign our rights under these Terms. You may not assign your rights without our prior written consent.
Contact Us
If you have questions about these Terms, please contact us at legal@comfy.org.