Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding agreement between you (and, where applicable, the organization you represent) ("you", "Customer") and Altuxo Sp. z o.o. ("Altuxo", "we", "us"), a limited liability company registered in Poland, European Union, regarding your access to and use of Comfly, our cloud-based Customer Communication Management (CCM) platform.

By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you accept on behalf of an organization, you represent that you are authorized to bind that organization.

2. Definitions

• Service: the Comfly platform, including the website at https://comfly.io, the application at https://app.comfly.io, and related features and documentation.
• Account: the registered account used to access the Service.
• Workspace: an organizational environment within the Service in which Customer users collaborate and manage Content.
• Content: documents, templates, data sets, recipient information, generated communications, and other materials you upload to or create within the Service ("Customer Content").
• Subscription: the paid or free plan under which you access the Service.

3. Eligibility & Account Registration

You must be at least 16 years old and capable of forming a binding contract to use the Service. You agree to provide accurate registration information and to keep it current.

You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account. Notify us promptly at comfly@altuxo.pl of any unauthorized use or security incident.

4. Subscriptions, Billing & Cancellation

The Service is offered under tiered plans, generally referred to as Starter, Professional, and Enterprise, and may include a free tier or trial. Plan features and limits are described at the time of purchase.

• Billing: paid subscriptions are billed in advance on a recurring basis (e.g., monthly or annually) through our payment provider.
• Taxes: fees are exclusive of applicable taxes (such as VAT), which you are responsible for paying where required.
• Renewals: subscriptions renew automatically for successive periods unless cancelled before the renewal date.
• Cancellation: you may cancel at any time; cancellation takes effect at the end of the current billing period. Except where required by law, fees already paid are non-refundable.
• Changes: we may change pricing or plan features with reasonable advance notice, effective at your next renewal.

5. Acceptable Use

You agree not to, and not to permit others to:

• use the Service for unlawful, fraudulent, infringing, or harmful purposes;
• send unsolicited bulk communications (spam) or violate anti-spam or marketing laws;
• upload malicious code or attempt to disrupt, overload, or gain unauthorized access to the Service;
• reverse engineer, copy, or resell the Service except as permitted by law;
• process personal data through the Service without a lawful basis or required consents;
• infringe the intellectual property or privacy rights of others.

We may suspend or limit access for violations of this section.

6. Customer Content & Ownership

As between the parties, you own your Customer Content. You are responsible for your Content and for ensuring you have the necessary rights and lawful basis to use it.

You grant Altuxo a limited, non-exclusive, worldwide license to host, store, process, transmit, and display Customer Content solely as necessary to provide and support the Service, in accordance with these Terms and our Data Processing Agreement.

7. Intellectual Property

Altuxo and its licensors own all rights in the Service, including its software, design, and the "Comfly" brand, trademarks, and documentation. Except for the limited rights expressly granted to you, no rights are transferred. You may not use our trademarks without prior written permission.

8. AI Assistant Features

The Service may include AI-assisted features that generate or suggest content. Such output is provided "as is" and may contain inaccuracies. You are responsible for reviewing, verifying, and approving any generated content before relying on or distributing it. AI features do not constitute professional advice, and you remain responsible for compliance of all communications you send.

9. Service Availability & Support

We aim to provide a reliable Service but do not guarantee uninterrupted availability. We may perform maintenance and updates. Support is provided through comfly@altuxo.pl according to your plan. A service level agreement (SLA) may be available for Enterprise customers under a separate agreement.

10. Third-Party Services

The Service may integrate with or rely on third-party services (such as cloud infrastructure, payment processing, email delivery, and AI providers). Your use of those services may be subject to their own terms. We are not responsible for third-party services we do not control.

11. Confidentiality

Each party may receive confidential information from the other. The receiving party will protect such information with reasonable care, use it only to perform under these Terms, and not disclose it except to those who need to know and are bound by confidentiality obligations, or as required by law.

12. Disclaimers & Warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including fitness for a particular purpose, merchantability, or non-infringement. We do not warrant that the Service will be error-free or uninterrupted.

13. Limitation of Liability

To the maximum extent permitted by law, Altuxo will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Altuxo's total aggregate liability arising out of or relating to the Service will not exceed the amounts paid by you for the Service in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

14. Indemnification

You agree to indemnify and hold harmless Altuxo from claims, damages, and expenses (including reasonable legal fees) arising from your Customer Content, your use of the Service in violation of these Terms, or your violation of applicable law or the rights of a third party.

15. Term & Termination

These Terms apply while you use the Service. You may terminate by cancelling your subscription and ceasing use. We may suspend or terminate access for material breach, non-payment, or as required by law.

Upon termination, your right to use the Service ends. We will provide a reasonable data export window (as described in our documentation) during which you may retrieve your Customer Content, after which it will be deleted or anonymized in accordance with our Privacy Policy.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of Poland and applicable European Union law, without regard to conflict-of-law rules. Disputes will be subject to the jurisdiction of the competent courts in Poland, unless mandatory consumer protection law provides otherwise. We encourage you to contact us first to resolve any dispute amicably.

17. Changes to These Terms

We may update these Terms from time to time. We will post the updated version with a revised "Last updated" date and, where changes are material, provide additional notice. Continued use of the Service after an update constitutes acceptance of the revised Terms.

18. Contact

For questions about these Terms, contact:

Altuxo Sp. z o.o.
Email: comfly@altuxo.pl
Aleja Jana Pawła II 27, 00-867 Warsaw, Poland