Last updated: October 2025
These Terms and Conditions constitute a legally binding agreement between Commazaar and any individual or entity using or accessing Commazaar's services. These Terms govern your access to, and use of, the Commazaar platform, website, services, and all features, tools, and content provided therein. By accessing, using, or registering an account on Commazaar, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any provision of these Terms, you must immediately cease use of the Platform and all related services.
These Terms shall be governed by and construed in accordance with the laws of the State of Maine, without regard to its conflicts of law principles. You expressly consent to the exclusive jurisdiction and venue of the courts located in Maine for resolution of any disputes arising from or related to your use of the Platform. By agreeing to these Terms, you waive any objection to venue or forum non conveniens.
Commazaar provides an artificial intelligence-powered, no-code platform that enables users to create, customize, configure, and operate online e-commerce stores, transaction platforms, and related digital commerce infrastructure. The Platform allows users to describe their business vision in plain language, after which Commazaar's AI technology generates customized online stores with capabilities including but not limited to product catalogs, checkout systems, payment processing integrations, inventory management, customer communications, and other e-commerce functionality. The Platform is provided on a subscription basis with optional additional credits for AI-powered customization services.
The Company reserves the right to modify, update, discontinue, or restrict any feature, functionality, service, or aspect of the Platform at any time, with or without prior notice to users. The Company may also impose new limitations, restrictions, or usage caps on Platform features and services at its sole discretion. Your continued use of the Platform following any such modifications constitutes acceptance of those changes. The Company is not liable for any interruption, discontinuation, or modification of any Platform feature or service.
Commazaar is intended only for individuals and entities who are at least eighteen (18) years of age. By using the Platform, you represent and warrant that you are at least eighteen years old and legally capable of entering into binding agreements. If you are an individual within the European Union, you must be at least sixteen (16) years of age. You represent that you have the legal authority to enter into this Agreement on behalf of yourself or, if applicable, on behalf of any organization or entity you represent. We do not knowingly permit any individual under the age of eighteen to create an account or use our services. If we discover that an account has been created by or is being used by someone under eighteen years of age, we reserve the right to immediately suspend or terminate that account without notice or liability.
If you are registering an account on behalf of a business entity, company, or organization, you represent that you have been duly authorized to enter into this Agreement on that entity's behalf and that such entity will be bound by these Terms. You are solely responsible for the accuracy and completeness of all information provided during registration.
To access and use the Platform, you must create an account by providing accurate, complete, current, and truthful information as requested in the registration process. You are solely responsible for maintaining the accuracy and currency of all account information, and you agree to update such information promptly whenever changes occur. You are responsible for all activity that occurs under your account, including activity by anyone with access to your account credentials, and you agree to notify the Company immediately of any unauthorized access or use of your account.
You agree to protect your account credentials, including your password and any API keys or authentication tokens, and you will not share these credentials with any third party. You must keep all credentials secure and confidential at all times. You are solely liable for any breach of security resulting from your failure to maintain the confidentiality of your credentials or from your sharing of credentials with unauthorized parties. You may not register for more than one account without the Company's prior written consent, and you may not create multiple accounts to circumvent usage limitations, payment obligations, or any other restriction imposed by the Company. Any attempt to register multiple accounts or circumvent platform restrictions may result in immediate termination of all accounts associated with you, as well as potential legal action.
You agree to provide all necessary cooperation with the Company in relation to your account and your use of the Platform, and you agree to comply promptly and in good faith with all requests for information, documentation, or assistance. You are solely responsible for ensuring that your use of the Platform complies with all applicable federal, state, local, and international laws and regulations, including but not limited to consumer protection laws, data protection laws, payment processing laws, and tax laws.
Commazaar's Platform operates on two separate billing components: subscription plans, which cover hosting and platform access, and AI credits, which are consumed when using AI-powered features such as the AI chatbot, page design generation, automation creation, and related AI-driven customization services. Each interaction with the AI chatbot or AI-powered feature consumes one or more credits, depending on the complexity and scope of the request.
AI Credits are Non-Refundable. All credits purchased or included with your subscription plan are non-refundable under all circumstances, except as expressly provided in this Section or as required by mandatory local law. Credits do not expire during the active subscription term but will be forfeited upon account termination or suspension. If your account is terminated by the Company due to a breach of these Terms or for any violation of the Responsible Use Policy, all remaining credits will be immediately forfeited with no refund or credit to any payment method.
The Company may, at its sole discretion and on a case-by-case basis, issue credits as a courtesy, goodwill gesture, or in response to specific circumstances such as verified Platform outages or service failures that directly prevented you from using purchased credits. Any such issuance of credits does not constitute an admission of liability, does not waive any of the Company's rights, and does not establish a precedent for future credit issuance. The Company reserves the right to reclaim any credits issued as a goodwill gesture if it determines that you have engaged in fraudulent activity, abuse, or violation of these Terms.
Credits have no monetary value, cannot be exchanged for cash, and cannot be transferred to another account or individual. The Company will not issue refunds for credits under any circumstances except as may be required by mandatory local consumer protection laws, in which case the Company's maximum liability shall be limited to the amount paid for the specific credits in question. Unused credits will not be carried over or prorated if you downgrade your subscription plan.
Commazaar offers several subscription plans, each with associated monthly or annual fees, platform transaction fees, included credits, storage allocation, and support tier. Current subscription options, pricing, included features, and terms are displayed on the Pricing page of the Platform (located at Commazaar.com/pricing or as updated by the Company from time to time). By selecting a subscription plan, you agree to pay the associated fees in accordance with the payment terms set forth herein.
All fees are expressed in United States Dollars unless otherwise specified. The Company reserves the right to modify subscription pricing, included features, storage allocations, included credits, and transaction fee percentages at any time. Price increases will generally not take effect during your current subscription billing period but will apply to the next renewal period. You will receive notice of any material price increases at least thirty (30) days prior to the effective date of such increase via email to the address associated with your account or through notice displayed on the Platform. Your continued use of the Platform after notification of a price increase constitutes acceptance of the new pricing. If you do not wish to accept the new pricing, you may cancel your subscription before the new pricing takes effect.
Additionally, you are responsible for all fees charged by third-party payment processors used to facilitate transactions on your store, including without limitation fees charged by payment processors such as Stripe, Square, or other payment gateways. These processor fees are separate from and in addition to any Commazaar platform transaction fees and are not included in your subscription plan. The Company is not responsible for payment processor fees, holds no liability for actions taken by payment processors, and cannot refund amounts charged by such processors.
Authorization and Payment Method. By selecting a subscription plan or purchasing additional credits, you authorize the Company (or the Company's designated payment processor) to automatically charge your chosen payment method for all fees associated with your subscription and any additional purchases. You represent that you have the legal right and authority to use the payment method you provide and that all information you provide regarding your payment method is accurate and current. You are responsible for notifying the Company of any changes to your payment method by updating your account settings.
Auto-Renewal. Unless you affirmatively disable the auto-renewal feature in your account settings, your subscription will automatically renew for successive billing periods (either monthly or annually, as applicable) at the end of each current subscription term. Your payment method will be automatically charged for the renewal fees at the then-current price for your selected plan. The Company may charge your payment method up to three (3) weeks before the renewal date to ensure timely billing. Renewal fees will include any applicable taxes calculated based on your billing location.
No Circumvention of Payment Processing. You agree not to take any action intended to circumvent, avoid, or interfere with the Company's payment processing systems or procedures. Prohibited activities include but are not limited to attempting to reverse or dispute charges without legitimate cause, attempting to obtain services without proper payment, using fraudulent payment methods, or attempting to manipulate billing systems through technical means. Any attempt to circumvent payment processing will result in immediate account suspension and potential legal action. The Company reserves the right to pursue damages for any costs incurred in connection with fraudulent payment activity or dispute reversal.
Failed Payments and Late Charges. If a charge fails due to insufficient funds, expiration of your payment method, or any other reason, the Company may attempt to retry the charge up to three additional times over a period of several days. If payment is not received after all retry attempts, the Company may, at its sole discretion, suspend your account and access to the Platform until payment is received. You acknowledge that interruption of service due to payment failure is not a breach of the Company's obligations and does not entitle you to any refund or credit. If payment remains outstanding, the Company may terminate your account and delete all associated data after a reasonable period of nonpayment.
Late payments or undisputed amounts due will accrue interest at the rate of one and one-half percent (1.5%) per month (or the highest rate permitted by law, whichever is lower) from the date the payment became due until paid in full. You will be responsible for all reasonable expenses incurred by the Company in collecting overdue payments, including reasonable attorneys' fees, collection agency fees, and court costs.
Ownership of Business Data. You retain ownership of all data you create, upload, or input into the Platform, including but not limited to customer lists, product information, order records, business content, and any databases you create or configure (collectively, "Customer Data"). The Company does not claim ownership of your business data, and you may export, download, or retrieve your Customer Data at any time during the active subscription term, subject to the terms and conditions herein.
Platform Infrastructure and Generated Output. The Platform infrastructure, website, hosting environment, and all AI-generated code, design elements, user interface layouts, automations, and customizations created by the Platform based on your input (collectively, "Generated Output") are the property of the Company or are licensed to the Company by third parties. You receive a limited, non-exclusive, non-transferable right to use the Generated Output solely to operate your store and conduct your business. You may modify the Generated Output within the Platform using the provided tools, but you may not copy, reverse-engineer, decompile, extract source code from, or attempt to extract the underlying technology or code of the Platform or Generated Output.
You understand that due to the nature of artificial intelligence and machine learning, Generated Output created by the Platform may not be unique, and other users of the Platform may receive the same or substantially similar output based on similar input. The Company makes no guarantee of uniqueness or originality of Generated Output.
Your Rights and Responsibilities Regarding Databases. You own the data stored in any databases you create or configure on the Commazaar Platform, and you may export this data in standard formats (such as CSV) at any time. However, the infrastructure, database management system, and hosting environment remain the property of the Company or its licensors. You may use your databases only in connection with the operation of your store on the Platform, and you may not copy, modify, translate, or distribute the database management system or hosting infrastructure itself. You are solely responsible for the content, accuracy, legality, and compliance of all data in your databases, and you warrant that you have the legal right to store and use all data in your databases.
License to Customer Data and Permitted Uses. By uploading, inputting, or storing Customer Data on the Platform, you grant the Company and its service providers a non-exclusive, worldwide, royalty-free, irrevocable license to access, use, modify, translate, process, copy, download, store, distribute, display, publish, and prepare derivative works of your Customer Data for the limited purposes of providing the Platform services, maintaining and operating your store, generating AI-powered customizations and content, conducting analytics and platform development, and complying with legal requirements. The Company may also use anonymized and aggregated metadata derived from your Customer Data for business analytics, platform improvement, and statistical analysis, provided that such use does not personally identify you or any individual contained in your data.
You warrant and represent that you own or have acquired all necessary rights, licenses, consents, and permissions to grant the Company the licenses described herein, and that your upload and use of Customer Data does not infringe, violate, or misappropriate any intellectual property rights, privacy rights, publicity rights, or any other proprietary rights of any third party.
You agree to use the Platform exclusively for lawful business purposes and in compliance with all applicable federal, state, local, and international laws and regulations. Your store and the products, services, or transactions you facilitate on your store must be legal under all applicable jurisdictions in which you offer them. You are solely responsible for determining the legality of your business model, products, services, and operations.
The Company will only permit stores and transactions for industries and business models that are approved and permitted by our payment processors, currently including but not limited to Stripe. The Company maintains a list of prohibited industries and business models based on the restrictions of our payment processors and applicable law. Prohibited categories include but are not limited to: adult content and services, gambling and betting, weapons and explosives, illegal drugs or controlled substances, counterfeit goods, stolen goods, financial services and lending (unless properly licensed), pharmaceuticals and supplements (except as permitted), payment processing services, cryptocurrency and digital assets (except as specifically permitted), and any other services or products that payment processors refuse to process or that violate applicable law.
If your store involves any activity in a potentially restricted category or if there is any uncertainty regarding whether your business model is permitted, you must contact the Company for written approval before launching your store. Operating a store in a prohibited category or without required approval may result in immediate account termination, permanent banning from the Platform, forfeiture of all credits and fees, and potential legal action. The Company reserves the right to terminate any account that sells, facilitates, or promotes illegal products or services without liability or refund.
You also agree that your use of the Platform will not involve harassment, threats, defamation, obscene content, or any content that violates the rights or dignity of any individual or group.
The Company offers an affiliate program through which Platform users may earn commissions by referring new customers to Commazaar. Participation in the affiliate program is governed by these Terms as well as any additional affiliate-specific terms or policies published by the Company. By participating in the affiliate program, you agree to comply with all program requirements and to cease participation immediately upon notice if you violate any program terms.
Commission Structure and Payment. Approved affiliates earn a commission equal to ten percent (10%) of all subscription revenue generated from customers who sign up through the affiliate's unique referral link during their first year of subscription. Commissions are calculated based on subscription plan fees only and exclude payments for AI credits, which are not subject to commission. Commissions are calculated monthly based on subscription charges processed during the preceding calendar month and are paid to affiliates monthly, provided that the affiliate's accumulated earnings meet the minimum payout threshold of one hundred dollars ($100). If accumulated earnings do not reach the threshold in a given month, those earnings will roll over and accumulate toward the next monthly payout. Payments are issued through the Company's designated third-party payment solution.
Referral Tracking and Attribution. Referral attribution is tracked using first-party cookies that persist for thirty (30) days from the time a user clicks the affiliate's referral link. If the referred user signs up for a paid subscription plan within this thirty-day window, the signup is attributed to the referring affiliate. The first referral link clicked by a user will receive attribution for that signup; if a user clicks multiple referral links, the first link clicked will be credited. No commission is earned if the referred customer signs up without clicking an affiliate link or if they sign up outside the thirty-day referral window.
Affiliate Restrictions and Conduct Requirements. Affiliates must represent Commazaar truthfully and transparently and must clearly disclose their affiliate relationship when promoting the Platform. Affiliates may not use deceptive, misleading, or false claims to promote Commazaar or misrepresent the features, benefits, or pricing of the Platform. Affiliates may not spam, send unsolicited emails, or use intrusive advertising methods to promote Commazaar. Affiliates may not engage in search engine marketing or paid advertising that uses the Commazaar trademark, brand name, or "Commazaar" as a keyword unless expressly authorized in writing by the Company. Affiliates may promote Commazaar through their personal blog, social media channels, email list, YouTube channel, podcast, website, or other legitimate marketing channels, provided that all representations remain truthful and comply with applicable advertising laws.
Any affiliate who violates these conduct requirements or engages in fraudulent or deceptive practices will be immediately removed from the affiliate program, forfeiture of all unpaid commissions, and the affected referral customers' subscriptions may be terminated without refund.
No Employment or Partnership. Affiliate participation does not create an employment, partnership, agency, or joint venture relationship between the affiliate and the Company. Affiliates are independent contractors and are not authorized to represent themselves as agents or employees of Commazaar or to incur any obligations on the Company's behalf.
AI Limitations and Lack of Warranty. The Commazaar Platform employs artificial intelligence chatbot functionality and large language model technology to generate customized stores, code, automations, and other output. You acknowledge and understand that generative AI systems are inherently unreliable and may produce output that contains errors, omissions, inaccuracies, or false information (commonly referred to as "hallucinations"). The AI may generate code with bugs, security vulnerabilities, or logic errors. The AI may produce output that does not accurately reflect your instructions or that does not function as intended.
The Company provides the AI chatbot and all Generated Output on an "as-is" and "as-available" basis without any warranties, guarantees, or representations of any kind, whether express, implied, statutory, or otherwise. The Company does not warrant that the AI chatbot will accurately interpret your instructions, that Generated Output will be error-free, secure, legally compliant, or suitable for any particular purpose, or that the AI will not produce misleading, inappropriate, or inaccurate content.
Your Responsibility for Verification and Testing. You are solely and fully responsible for carefully reviewing, testing, and verifying all AI-generated output, including code, designs, automations, and other content, before deploying such output to your live store or relying on it for critical business functions. You must conduct thorough human review of all AI-generated code, including security review, functionality testing, and compliance verification. You must test all automations, workflows, and dynamic features in a safe environment before making them live. You assume all risk associated with the use of AI-generated output.
The Company is not responsible for any losses, damages, errors, or failures arising from or attributable to errors, inaccuracies, or defects in AI-generated output, including but not limited to business interruption, loss of revenue, damage to your reputation, or liability to your customers. You accept all risks inherent in using artificial intelligence systems to build and operate your business infrastructure.
Data Security and Encryption. The Company implements reasonable administrative, technical, and physical security measures intended to protect Customer Data from unauthorized access, disclosure, alteration, or destruction. These measures include encryption of data in transit and at rest, regular security updates, access controls, and employee training. However, you acknowledge that no system of security is completely immune to breach, and the Company cannot guarantee the absolute security of any data. You understand and accept the inherent risks associated with storing and transmitting data over the internet and through cloud-based infrastructure.
No Liability for Data Loss, Breach, or Compromise. The Company is not responsible for and disclaims all liability for any unauthorized access to, theft of, loss of, corruption of, or alteration of your Customer Data, whether such loss or compromise results from hacking, malware, employee negligence, third-party service provider failures, or any other cause. The Company is not liable for any business interruption, loss of revenue, reputational harm, or other damages arising from or relating to data breach, data loss, or unauthorized access.
You are solely responsible for maintaining independent backups of all your Customer Data, including your customer lists, order records, product information, and any other data of importance to your business. The Company strongly recommends that you maintain regular, automated backups of all critical data on systems and storage that you control and that are not dependent on Commazaar's infrastructure. The Company will not restore your Customer Data from backups in the event of data loss or deletion unless you have purchased a premium backup service from the Company. If your account is suspended or terminated, the Company may delete all associated data after thirty (30) days without liability.
Compliance with Privacy Laws. The Company is not responsible for your compliance with any privacy laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), or any other applicable data protection legislation. You are solely responsible for implementing privacy policies, obtaining necessary consents, handling data subject requests, and complying with all applicable privacy laws applicable to your store and your customers. Your Commazaar store and your collection and use of customer data is subject to the Company's separate Privacy Policy, which is incorporated into these Terms by reference and should be reviewed carefully.
If you collect customer data from individuals located in the European Union or other jurisdictions with strict data protection requirements, you are responsible for ensuring that such data processing complies with all applicable laws and regulations. You may be required to enter into a separate Data Processing Agreement with the Company if processing personal data of EU residents; please contact the Company's support team for more information.
The Platform may integrate with, link to, or include third-party software, APIs, payment processors, hosting services, email providers, analytics tools, and other third-party services and products (collectively, "Third-Party Services"). Each Third-Party Service is subject to that third party's own terms of service, privacy policy, and end-user license agreements (collectively, "Third-Party Terms"). You are responsible for reviewing the Third-Party Terms before connecting or using any Third-Party Service.
The Company does not endorse, approve, sponsor, or assume any responsibility for any Third-Party Service, the content provided by Third-Party Services, or any representations made by Third-Party Service providers. The Company's inclusion of links to Third-Party Services does not imply any affiliation, endorsement, or approval. If you use a Third-Party Service in connection with your store, you do so at your own risk and solely under the terms and conditions imposed by that third party. The Company disclaims all liability arising from or relating to Third-Party Services, including liability for service outages, data loss, security breaches, or failures of Third-Party Services.
Payment processing services are provided by third-party payment processors such as Stripe. The Company is not responsible for payment processor failures, data security failures, transaction errors, or any other issues related to payment processing. If you experience issues with payment processing, you must contact the payment processor directly. The Company will cooperate with payment processor investigations into fraud or unauthorized transactions but is not liable for any losses resulting from payment processing failures or fraud.
You agree not to use the Platform, your store, or any features, tools, or content provided in connection with the Platform in any manner that violates these Terms, applicable law, or the Company's Responsible Use Policy. Prohibited conduct includes but is not limited to:
Enforcement. The Company monitors for prohibited conduct and reserves the right to investigate any suspected violations. Upon discovering any violation of this Section or the Responsible Use Policy, the Company may, at its sole discretion and without prior notice, immediately suspend your account, disable access to the Platform, suspend your store, or terminate your account entirely. No refund of fees or credits will be issued upon termination for prohibited conduct.
Company's Right to Suspend or Terminate. The Company may suspend or terminate your account, access to the Platform, or your store at any time, with or without cause and with or without prior notice, if the Company believes, in its sole discretion, that any of the following circumstances exist: you have violated these Terms or the Responsible Use Policy; your use of the Platform poses a security risk, creates liability for the Company or any third party, or may cause harm to the Company's systems or infrastructure; you have engaged in fraud, misrepresentation, or deceptive practices; you have failed to pay fees or credits are overdue; you have exceeded usage limitations; you have engaged in harassment, threats, or abuse; your account has been inactive for a prolonged period; or for any reason or no reason at all.
Upon suspension, you will lose access to your store, your account, and all associated data, and your store will become unavailable to your customers. Suspended accounts may not be reinstated. If your account is terminated, all associated data, including your store, Customer Data, configurations, databases, and any other content, will be automatically deleted after thirty (30) days unless you have explicitly purchased a data retention or archival service from the Company. No backup copies will be retained, no refunds will be issued, and all remaining credits will be forfeited.
Customer's Right to Terminate. You may terminate your subscription to the Commazaar Platform at any time by disabling the auto-renewal feature in your account settings or by submitting a written termination request to the Company's support team at https://commazaar.tawk.help/. Termination will become effective at the end of your current billing period. You will remain responsible for paying all fees for the current billing period, and no prorated refund will be issued for partial months. If you have not yet used all of your included or purchased AI credits in the current billing period, those credits will be forfeited upon termination.
Effect of Termination. Upon termination of your account for any reason, your subscription will end at the conclusion of your current billing period, and you will lose access to the Platform and all associated services. All licenses and rights granted to you under these Terms will immediately expire. Your store will be taken offline and will become inaccessible to your customers and the public. You may request your Customer Data within fifteen (15) days of termination by submitting a request through the support portal. Any such data will be provided in standard formats such as CSV. The Company may retain backups of your data for its own operational, legal, and compliance purposes, but the Company will have no obligation to maintain, update, or provide access to such backup copies.
After the fifteen (15) day data export window has closed, the Company may permanently delete all data associated with your account, including your store, Customer Data, configurations, backups, and all other content, without further notice or liability. You acknowledge that deletion of data may be irrevocable and that the Company will have no obligation to restore deleted data under any circumstances.
DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMMAZAAR DISCLAIMS ALL WARRANTIES, GUARANTEES, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY, RELIABILITY, OR NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR SPECIFIC BUSINESS NEEDS, WILL SATISFY YOUR EXPECTATIONS, WILL BE OPTIMAL OR SUITABLE FOR YOUR CIRCUMSTANCES, OR WILL OPERATE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF BUGS, VULNERABILITIES, MALWARE, OR OTHER DEFECTS. THE COMPANY DOES NOT WARRANT THAT DEFECTS IN THE PLATFORM WILL BE DETECTED OR CORRECTED, THAT SECURITY VULNERABILITIES WILL BE IDENTIFIED AND PATCHED, OR THAT OPERATION WILL BE RELIABLE OR STABLE IN EVERY CIRCUMSTANCE.
THE PLATFORM, WEBSITE, DOCUMENTATION, AND ALL GENERATED OUTPUT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITH ALL FAULTS. YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF YOUR BUSINESS DATA, FOR TESTING ALL GENERATED OUTPUT AND AUTOMATIONS BEFORE DEPLOYING THEM TO PRODUCTION, AND FOR EVALUATING THE SECURITY, FUNCTIONALITY, LEGALITY, AND SUITABILITY OF YOUR STORE AND ALL FEATURES AND CONTENT.
NO WARRANTY REGARDING THIRD-PARTY SERVICES OR AI. The Company disclaims all warranties and assumes no responsibility for Third-Party Services, including payment processors, hosting providers, email services, and other external services. The Company provides no warranty that Third-Party Services will function properly, that they will remain available, or that they will not experience outages or failures. The Company provides no warranty regarding the AI chatbot, AI-generated output, or large language models. The Company does not warrant that AI-generated code will be functional, secure, or free of bugs; that AI-generated designs will be aesthetically pleasing or effective; or that AI-generated advice or recommendations will be accurate or suitable.
CAP ON LIABILITY. EXCEPT IN CASES OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR YOUR MATERIAL BREACH OF THESE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS, THE PLATFORM, YOUR STORE, GENERATED OUTPUT, OR ANY SERVICES PROVIDED BY THE COMPANY SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IF YOU HAVE PAID NO FEES TO THE COMPANY (I.E., YOU ARE A FREE TIER USER), THE COMPANY'S LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
EXCLUSION OF INDIRECT AND CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF CUSTOMERS, LOSS OF DATA, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF USE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE PLATFORM, FAILURE OF THE PLATFORM TO MEET YOUR EXPECTATIONS, OR BREACH OF THESE TERMS SHALL BE TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE PLATFORM. THE COMPANY SHALL HAVE NO OBLIGATION TO PROVIDE MONETARY COMPENSATION, REFUNDS, SERVICE CREDITS, OR ANY OTHER REMEDY.
You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, agents, and representatives from and against any and all claims, demands, causes of action, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: your use of the Platform or Generated Output; your violation of these Terms, applicable law, or any third party's rights; your operation of your store and any transactions facilitated through your store; any products, services, or information offered or sold through your store; any injury, harm, or damage caused to any individual by your products, services, or business practices; any disputes between you and your customers; any intellectual property infringement or privacy violation arising from your content, products, or business practices; any data breach or security incident affecting your store or your customers' data; any claim by a customer or third party arising from their interaction with your store; or any claim that your Generated Output, Customer Data, or use of the Platform infringes any third party's intellectual property rights or violates any applicable law.
This indemnification obligation applies regardless of whether the Company knew or should have known of the possibility of such claims and extends to claims arising from the negligence of the Company, except in cases of gross negligence or willful misconduct by the Company.
CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING FROM OR RELATED TO THESE TERMS, YOUR USE OF THE PLATFORM, OR YOUR RELATIONSHIP WITH THE COMPANY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY AND NOT THROUGH CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ACTIONS, REPRESENTATIVE ACTIONS, OR ANY OTHER COLLECTIVE PROCEEDING. YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR CLASS ARBITRATION. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OF MULTIPLE PARTIES, CONDUCT CLASS ARBITRATION, OR MAKE AWARDS TO ANY PERSON NOT NAMED AS A PARTY TO THE ARBITRATION.
MANDATORY ARBITRATION. Except as provided below, any and all disputes, claims, controversies, or causes of action (collectively, "Disputes") arising from or relating to these Terms, the Platform, your store, Generated Output, or your relationship with the Company shall be resolved by final and binding arbitration rather than through litigation in court. You and the Company agree to arbitrate all Disputes on an individual basis using the American Arbitration Association's (AAA) Commercial Arbitration Rules then in effect. The arbitration shall be conducted in English by a single arbitrator experienced in e-commerce and software licensing matters.
Arbitration shall take place in Augusta, Maine, or at such other location as may be mutually agreed upon by you and the Company. You may participate in the arbitration by telephone, videoconference, or in person. The arbitrator shall have the authority to award any remedy available at law or equity, including attorney's fees and costs, to the extent permitted by applicable law. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
EXCEPTIONS TO ARBITRATION. Notwithstanding the foregoing, the following matters are not subject to mandatory arbitration and may be brought in court: (a) any claim that seeks only injunctive or equitable relief to prevent actual or threatened harm; (b) any claim arising in or relating to small claims court provided that the claim is brought individually and not as part of any class, consolidated, or representative action; (c) any claim regarding intellectual property infringement or misappropriation; and (d) any claim involving fraud or willful misconduct by the Company.
OPT-OUT OF ARBITRATION. You have the right to opt out of this mandatory arbitration provision by sending written notice to the Company at [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your full name, email address, mailing address, and a clear statement that you are opting out of mandatory arbitration. If you timely opt out, the arbitration provision will not apply to you, but all other terms of this Agreement will remain in effect.
MASS ARBITRATION. If ten (10) or more individual arbitration demands are filed by the same or coordinating law firms relating to the same or similar factual circumstances or legal claims, the parties agree that the arbitrations shall be conducted pursuant to the AAA's Mass Arbitration Procedures then in effect. If the AAA declines to administer the mass arbitration or if the mass arbitration procedures are found to be unenforceable, individual arbitrations shall proceed pursuant to the standard AAA rules.
COSTS AND FEES. You will be responsible for your own attorney's fees and expert witness fees unless otherwise required by applicable law or provided by the arbitrator. With respect to arbitrator fees and other administrative costs, the Company will pay any such costs that exceed what you would incur if the Dispute were litigated in court, to the extent required by applicable law. However, if the arbitrator finds that your claim is frivolous or brought for an improper purpose, you agree to reimburse the Company for all fees and costs previously paid by the Company on your behalf.
Governing Law. These Terms and all matters arising from or relating to them shall be governed by and construed in accordance with the laws of the State of Maine without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Jurisdiction and Venue. Except as modified by the arbitration provisions herein, you expressly consent to the exclusive jurisdiction and venue of the state and federal courts located in Maine for resolution of any Dispute not subject to arbitration. You waive any objection to venue and any claim that such courts are an inconvenient forum.
Entire Agreement. These Terms, together with the Company's Privacy Policy, Responsible Use Policy, and any additional terms or policies referenced or linked herein, constitute the entire agreement between you and the Company regarding the subject matter hereof and supersede all prior negotiations, understandings, and agreements, whether written or oral.
Amendments and Modifications. The Company may modify these Terms at any time by posting the revised Terms on the Platform website or by sending notice to you. Modifications become effective upon posting to the website or upon the date specified in any notice sent to you. Your continued use of the Platform following such modifications constitutes your acceptance of the modified Terms. If you do not agree with any modification, you may terminate your account and discontinue use of the Platform.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or by an arbitrator, such provision shall be severed and shall not affect the validity or enforceability of any remaining provisions, which shall continue in full force and effect. If any provision is found to be partially invalid or unenforceable, the remaining valid portion shall be enforced to the maximum extent permitted by law.
No Waiver. The Company's failure to enforce, or delay in enforcing, any right, remedy, or provision of these Terms shall not constitute a waiver of such right, remedy, or provision unless such waiver is in writing and signed by the Company. A waiver of any provision in a particular instance does not constitute a waiver of that provision in any other instance or a waiver of any other provision.
Assignment. The Company may assign, transfer, or delegate its rights and obligations under these Terms to any third party at any time without notice to you and without your consent. You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of the Company, which may be withheld in the Company's sole discretion. Any purported assignment by you without such consent shall be void.
Relationship of Parties. You and the Company are independent contractors. These Terms do not create a partnership, joint venture, agency, employment, or fiduciary relationship between you and the Company. Neither party is authorized to bind the other or to incur obligations on the other's behalf.
Third-Party Beneficiaries. These Terms are entered into solely between you and the Company. There are no intended third-party beneficiaries to these Terms, and no third party has any right to enforce any provision hereof.
Notices. Any notices required under these Terms shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by certified or registered mail, return receipt requested; (c) sent by overnight courier service such as FedEx or UPS; or (d) sent by email with confirmation of receipt. Notices to the Company should be sent to [email protected] or to such other address as the Company may specify. Notices to you will be sent to the email address associated with your account or to any other contact information you have provided to the Company.
Force Majeure. Neither party shall be liable for any failure or delay in performance of obligations under these Terms arising from causes beyond the reasonable control of such party, including acts of God, war, terrorism, pandemic, government action, natural disasters, power outages, internet outages, denial-of-service attacks, or failure of third-party infrastructure providers, provided that such party provides prompt notice of the force majeure event and uses reasonable efforts to mitigate the impact and resume performance.
Headings and Interpretation. Section headings in these Terms are for convenience only and shall not affect the interpretation of the Terms. The use of "including" means "including without limitation." The use of "or" is not exclusive.
Export Compliance. The Platform may be subject to U.S. export control laws and regulations. You agree not to export, re-export, or transfer the Platform, its code, or any technology derived therefrom to any country or entity prohibited by U.S. export laws or to any person or entity listed on U.S. export control lists. You are solely responsible for compliance with all applicable export control laws.
Customer Reference. During the term of your subscription, the Company has the right to use your name, logo, and business name to identify you as a customer of Commazaar on the Company's website, marketing materials, customer lists, and in public announcements. You grant the Company a non-exclusive, worldwide, royalty-free license to use such identifying information for this purpose. Use of any additional content such as case studies, testimonials, or detailed descriptions of your use of the Platform requires your prior written consent.
Survival. The following provisions shall survive any termination or expiration of these Terms and your account: Sections 1 (Scope of Services), 2 (Age Restrictions), 7 (Customer Data, Databases, and Store Infrastructure), 8 (Legal Use Requirements), 11 (Data Security, Privacy, and Liability), 15 (Warranty Disclaimer), 16 (Limitation of Liability), 17 (Indemnification), 18 (Class Action Waiver and Mandatory Arbitration), and 19 (General Provisions), as well as any other provisions that by their nature should survive termination.
For questions, concerns, issues, or support requests related to these Terms, your account, or the Platform, please contact the Company's support team by submitting a ticket at https://commazaar.tawk.help/ or by joining our Discord community at the Discord server listed on the Platform. For urgent matters or formal legal notices, you may contact the Company in writing at the address specified in the Notices section above.
These Terms and Conditions are effective as of January 1, 2025. The Company may modify these Terms at any time, and modified terms will become effective upon posting to the Platform or upon the date specified in any written notice. Your continued use of the Platform constitutes acceptance of any modifications. We encourage you to review these Terms periodically to stay informed of any changes.
By using Commazaar, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.