Terms of Service

Last updated 14 Mar 2023

By creating a subscription or accessing Comme, you are agreeing to be bound by the Terms & Conditions outlined below, which apply to the entire website and any communication between you and Comme.

These terms state that Comme is not liable for any direct, indirect, special, incidental, or consequential damages resulting from the use of materials on the site. Comme also reserves the right to change prices and revise its usage policy at any time. You are granted a limited license to use the website in accordance with this agreement.

If you do not agree to these Terms & Conditions, please do not use the Comme Service. The terms "you" refer to both individuals and entities represented by you. Violating these terms may result in account cancellation or restricted access without notice.

Definitions and key terms

Cookie - a small data file that is created by a website and stored on your web browser. It is used to identify your browser, provide analytics, and remember information about you, such as your language preference or login information.

Company - refers to the company responsible for your information under this Privacy Policy, in this case Comme.

Country - the location of Comme's base of operations and ownership, which is in Finland.

Customer - an organization, company, or individual who uses the Comme Service to manage relationships with their consumers or service users.

Device - any internet-connected device, such as a computer, phone, or tablet, that can be used to access Comme and use its services.

IP address - an identifier assigned to every device that connects to the internet, which can often be used to determine the device's location.

Personnel - individuals who are employed by Comme or under contract to perform a service on behalf of Comme.

Personal Data - any information that directly or indirectly allows for the identification of a natural person, including a personal identification number.

Service - the service provided by Comme, as described on this platform and in the relative terms (if available).

Third-party service - advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

Website - the Comme site, which can be accessed at https://comme.xyz/

Direct Competitors - Entities or individuals who operate in the same business sector and offer similar AI content creation platforms or services as Comme, targeting the same customer base. This includes employees, contractors, or agents of such entities or individuals.

You - a person or entity registered with Comme to use its Services.

The following are important terms and conditions that you should be aware of when using Comme's website:

You agree not to distribute, modify, make derivative works of, or commercially exploit the website or make it available to third parties. You also agree not to reverse engineer any part of the website or remove any proprietary notice.

If you are not completely satisfied with any good or service provided by Comme, you can contact them to discuss the issue.

Any suggestions or feedback provided to Comme about the website remain the sole property of the company and can be used without any credit or compensation to you.

By using the website, registering an account, or making a purchase, you consent to Comme's Terms & Conditions and Privacy Policy.

Comme is not responsible for any content, accuracy, or opinions expressed in third-party websites linked from the Services.

Comme uses cookies to enhance the functionality of their website, but they are non-essential to its use. Disabling cookies may affect your ability to access certain features of the website. Personally Identifiable Information is never placed in cookies.

Comme may stop providing its services(or any features within the Service) or disable access to users' accounts, temporarily or permanently, without prior notice. If there are changes to the Terms & Conditions, Comme will post them on its website.

The company may modify, suspend, or discontinue its website or any service without notice or liability.

Comme may provide updates to the website that modify or delete features or functionalities.

The website may display, include or make available third-party content or links to third-party websites or services.

Comme is not responsible for any third-party services, and the user accesses them at their own risk.

We reserve the right to refuse or cancel any order due to reasons such as product/service availability, description or price errors, order errors, etc.

We may alter the word count charged for input/output or impose usage restrictions per hour regardless of prior agreements, to ensure fair access and maintain service quality.

By creating an account, you consent to receive newsletters, promotional materials, and other information from us. Opting out can be done via the unsubscribe link.

High usage or sharing of login details could result in account suspension or deletion without notice, and refunds will not be provided.

We hold the right to terminate or suspend your account and bar service access at our discretion without prior notice or liability for any reason, including but not limited to a breach of Terms.

The Agreement shall remain in effect until terminated by either party. If the user violates any provision of the Agreement, Comme may terminate it immediately. Upon termination, the user must cease all use of the website and delete all copies of it.

Disclaimer and Indemnification

The website is provided "AS IS" and "AS AVAILABLE" without warranty of any kind. Comme disclaims all warranties and representations, and neither Comme nor any of its providers makes any representation or warranty of any kind, express or implied, regarding the operation or availability of the website or the information, content, and materials provided on it.

Users agree to indemnify and hold Comme harmless from any claim or demand due to or arising out of their use of the website, violation of the Agreement or any law or regulation, or violation of any right of a third party. If any material on the website constitutes an infringement on a user's copyright, they should contact Comme and provide specific information as set forth in the Agreement.

Limitation of Liability

Comme and its suppliers' liability under any provision of this Agreement, and your exclusive remedy for any damages incurred, shall be limited to the amount you have paid for the website. However, to the extent permitted by law, Comme and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages arising out of or in connection with the use of the website, third-party software, and/or third-party hardware used with the website, or any provision of this Agreement. Such damages include but are not limited to loss of profits, data, or other information, business interruption, personal injury, and loss of privacy. Even if Comme or its suppliers have been advised of the possibility of such damages, and even if the remedy fails of its essential purpose, the liability shall not exceed the amount you have paid for the website. Please note that some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Agreement and Legal Notices

In the event that any provision of this Agreement is deemed to be unenforceable or invalid, the provision shall be interpreted and modified to achieve the purpose of the provision to the maximum extent permitted by law, and the remaining provisions of this Agreement will remain in full force and effect.

This Agreement, along with the Privacy Policy and any other legal notices published by Comme regarding the Services, constitutes the entire agreement between you and Comme. If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions, which shall remain in effect. Comme's failure to enforce any right or provision in this Agreement shall not be deemed a waiver of such right or provision. Furthermore, no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

You and Comme both agree that any legal action arising from or related to the Services must be commenced within one (1) year of when the cause of action accrues. If not, such cause of action is permanently barred.

The failure to exercise a right or to require performance of an obligation under this Agreement, except as expressly provided herein, shall not affect a party's ability to exercise such right or require such performance at any time thereafter. Furthermore, the waiver of a breach shall not constitute a waiver of any subsequent breach.

Neither party's failure to exercise, nor any delay in exercising, any right or power under this Agreement shall be deemed a waiver of that right or power. Any single or partial exercise of any right or power under this Agreement shall not preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, this Agreement shall prevail and govern.

Comme may, at its sole discretion, modify or replace this Agreement at any time. In case a revision is deemed material, we will provide at least 30 days' notice prior to the new terms taking effect. We reserve the right to determine what constitutes a material change. Your continued access to or use of our website after the revised terms become effective constitutes your agreement to be bound by the updated terms. If you do not agree to the new terms, you are no longer authorized to use Comme.

This Agreement represents the complete and exclusive understanding between you and Comme with respect to your use of the website, and it supersedes all prior or contemporaneous agreements, communications, and understandings, whether written or oral, between you and Comme. Please note that additional terms and conditions may apply to your use or purchase of other Comme services. Comme will provide these terms to you at the time of use or purchase.

Updates to Terms of Service

Our Service and policies may undergo changes, and we may need to update these Terms to ensure they accurately reflect our Service and policies. We will typically provide notice of any changes to you (for example, through our Service) before they take effect, unless otherwise required by law. You will have the opportunity to review the updated Terms before they become effective. By continuing to use the Service, you are indicating that you accept and agree to be bound by the updated Terms. If you do not agree to the updated Terms, you may choose to delete your account.

Intellectual Property Ownership and Restrictions

All contents, features, and functionality of the website, including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof, are the property of Comme, its licensors, or other providers of such material. These materials are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of Finland and other countries. Without the express prior written permission of Comme, the materials may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, except as expressly permitted in these Terms & Conditions. Unauthorized use of the materials is strictly prohibited.

Account Deletion

We understand that there may come a time when you want to bid us farewell and delete your account. We respect your decisions and stand ready to assist you in this process. However, we also have a responsibility to ensure the integrity of our platform and protect against fraudulent activities. Upon receiving your account deletion request, we will endeavor to respond within one month. Please note, however, that if you are a paying user, we must retain your account for at least 180 days following your last payment. This policy is in place not as an attempt to deter you from leaving but as a measure to prevent potential fraud and maintain the security of our platform.

If you have decided to delete your account, please send us the email to hello@comme.xyz to initiate the account deletion. Rest assured, we will action your account deletion request promptly. However, do allow us some time to respond appropriately. We kindly ask for respect and civility in all interactions with our staff. Your cooperation helps us provide you with more efficient service.

Rest assured, during this period or any other time while using our platform, we do not exploit or misuse your data. Your privacy is paramount to us. We adhere to strict data protection guidelines and employ robust security measures to ensure your information remains confidential. Remember - your trust is our priority. We value the faith you've placed in us by choosing our services and promise always to treat your personal information with the utmost care and respect.

Dispute Resolution

This section shall apply to all disputes arising out of or in connection with this Agreement, except for disputes relating to claims for injunctive or equitable relief regarding the enforcement or validity of your or Comme's intellectual property rights. Your privacy isn't just respected here at Comme; it's rigorously protected.

Defenition of Dispute

For the purposes of this Agreement, the term "dispute" shall include any disagreement, action, or controversy between you and Comme related to the Services or this Agreement, regardless of whether it is based on contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable ground. The term "dispute" shall be construed in the broadest possible manner permitted by law.

If a dispute arises between you and Comme, the parties must provide each other with a Notice of Dispute. This is a written statement that includes the name, address, and contact information of the party giving it, the facts leading to the dispute, and the requested relief. To send a Notice of Dispute, you must email it to hello@comme.xyz. If Comme needs to send you a Notice of Dispute, it will send it to your email address, if available. The parties will attempt to resolve any dispute through informal negotiation within sixty (60) days of receiving the Notice of Dispute. After sixty (60) days, either party may commence arbitration.

If informal negotiation fails to resolve any dispute between you and Comme, the dispute will be resolved exclusively through binding arbitration, as set out in this section. By agreeing to these terms, you are waiving your right to pursue legal action (either individually or as part of a class action) in court before a judge or jury. The arbitration will be conducted in accordance with the rules of arbitration in Finland. While the arbitration is pending, either party may seek interim or preliminary injunctive relief from any court with jurisdiction, as needed to protect their rights or property. The non-prevailing party will be responsible for any legal, accounting, and other expenses, fees, and costs incurred by the prevailing party.

Restrictions on Use

Sell, resell, rent, lease, or distribute any part of Comme's Service.

Utilize the Services in ways that aren't in accordance with the Documentation or that interfere with, unduly burden, or disrupt the integrity, performance, or availability of Comme's Service (for example, by conducting load tests or penetration tests without Comme's prior written consent).

Attempt unauthorized access to Comme's Services or related systems or networks.

Access any part of the Services with the intention of building a similar or competitive product or service; monitor Comme's Services for benchmarking purposes or to gain competitive advantages.

Introduce, disseminate, or enable any viruses, Trojan horses, spyware, worms, malware, spam, or malicious code using Comme's Service.

Copy, modify, translate, or create derivative works from any Comme Property.

Reverse assemble, reverse compile, decompile, translate or attempt to discover source code underlying components of models and systems included in Comme Property (except where such restrictions are contrary to applicable law).

Alter remove violate copyright intellectual property notice appearing in connection with Services. You may not access Comme's services if you are a direct competitor (a business offering similar AI-powered content generation services targeting the same customer base), including employees, contractors, or agents of such entities or individuals), except with our prior written consent.

Submission of Ideas and Proposals

If you provide Comme with any ideas, suggestions, designs, photographs, information, advertisements, data, or proposals, including those for new or improved products, services, features, technologies, or promotions, you agree that such submissions will be considered non-confidential and non-proprietary. You acknowledge and agree that any such submissions will become the sole property of Comme, and that Comme may use, copy, modify, publish, distribute, and otherwise exploit such submissions for any purpose and in any manner, without providing any compensation or credit to you. Comme and its affiliates will have no obligations with respect to such submissions, and you waive any rights you may have to claim ownership or receive compensation or recognition for such submissions.

Correction of Errors in Product or Service Listings

If a product or service is listed with incorrect information, including typographical errors, Comme reserves the right to cancel or refuse any orders placed for such product or service. This applies even if the order has been confirmed and your credit card charged. If your credit card has been charged and the order is canceled, we will promptly issue a credit to your credit card or other payment account for the amount charged.

Miscellaneous Provisions

If any provision or portion of these Terms & Conditions is found to be unenforceable by a court of competent jurisdiction, the remainder of these Terms & Conditions will remain in full force and effect. Any waiver of any provision of these Terms & Conditions will only be effective if it is in writing and signed by an authorized representative of Comme. In the event of any breach or anticipatory breach by you, Comme will be entitled to injunctive or other equitable relief without the obligation of posting any bond or surety. The Comme Service is operated and controlled from Comme's offices in Finland, and is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Therefore, those who choose to access the Comme Service from other locations do so at their own risk and are responsible for complying with local laws if and to the extent that local laws are applicable. These Terms & Conditions (including the Comme Privacy Policy) constitute the entire agreement between you and Comme regarding its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and have no legal significance.

Disclaimer of Warranties and Limitation of Liability

Comme is not responsible for any inaccuracies, errors, or omissions in the content or code of the Service.

The Service and its contents are provided "as is" and "as available" without any warranty or representation of any kind, whether express or implied. Comme does not provide any warranties or guarantees, and specifically disclaims all warranties and representations, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights.

In no event shall Comme be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.

Comme is a distributor and not a publisher of the content supplied by third parties, and therefore exercises no editorial control over such content. Comme makes no warranty or representation as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through or accessible via the Service. Comme specifically disclaims all warranties and representations in any content transmitted on or in connection with the Service or on sites that may appear as links on the Service, or in the products provided as a part of, or otherwise in connection with, the Service.

No oral advice or written information given by Comme or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Comme does not warrant that the Service will be uninterrupted, uncorrupted, timely, or error-free.