Terms of Service

Provider: Dawnbound Studio LLC, [ENTITY ADDRESS] ("kofy," "we," "us," or "our")

These Terms of Service (the "Terms") govern your access to kofy.ai and related services (the "Service"). By creating an account, accessing the Service, or making a purchase, you agree to these Terms. The Privacy Policy is a notice and is not part of these Terms.

1. Eligibility and authority

You must be at least 18 years old and legally able to enter into these Terms. If you use the Service for an organization, you represent that you may bind that organization, and "you" includes it.

You may not use the Service where prohibited by law or after kofy has terminated or barred your access.

2. The Service and kofy's reserved rights

Any access kofy permits is limited, personal, non-exclusive, non-transferable, and revocable. kofy retains every right not expressly granted.

kofy may, at any time and to the extent permitted by law, add, change, reprice, restrict, suspend, replace, or discontinue any part of the Service; change or remove any model, provider, feature, plan, content, limit, or integration; impose technical or usage controls; and decide how the Service is operated, presented, or made available. kofy does not promise continued access to any particular feature, model, provider, Skill, template, content, price, or level of service.

kofy makes only these two voluntary service commitments:

1. Every model request will use a Zero Data Retention source under which the model-service provider does not retain request or response content or use that content for training.
2. kofy will not use User Content to train AI models.

Except for those two commitments and obligations that applicable law does not allow kofy to exclude, no statement in the Service, marketing, help material, roadmap, Published Rules, communication, or other material creates a warranty, service level, continuing obligation, or promise by kofy.

3. Published Rules

The kofy Rules (the "Published Rules") state current values or routes for subscription cancellation, referral rewards, Usage Earnings thresholds, payout charges, settlement timing, account-closure requirements, forfeiture periods, and the current author-initiated Skill withdrawal period. They also reserve specified rights concerning credits and balances.

kofy may change the Published Rules at any time. To the extent permitted by law, a change takes effect when published or on the later date stated and may apply to existing accounts, credits, balances, content, eligibility, unpaid amounts, and later activity. kofy will give only the notice required by applicable law. The Published Rules do not limit any discretion or right reserved to kofy in these Terms or the Publisher Terms.

4. Accounts

You must provide accurate information, keep it current, protect your sign-in methods and devices, and accept responsibility for activity under your account. You must promptly report suspected unauthorized access to .

You may not sell, transfer, share, or create an account for another person without authorization. kofy may require information or action it considers reasonably necessary to verify identity, authority, eligibility, payment, tax status, security, or compliance.

5. Payments, subscriptions, and withdrawal rights

Prices and taxes

You must pay the price, taxes, and other charges shown for a transaction. Displayed prices exclude applicable taxes unless stated otherwise. You authorize kofy and its payment providers to charge the payment method associated with your transaction and to correct billing errors.

Subscriptions

A subscription renews automatically for the period and at the price disclosed at checkout until cancelled. You authorize recurring charges, including applicable taxes. The current cancellation route appears in the Published Rules. Cancellation stops a future renewal; it does not reverse the current paid period.

kofy may change subscription prices, benefits, billing periods, or availability. A price change for an existing subscription applies no earlier than a later renewal and with any notice required by law. kofy may end a subscription or paid feature as permitted by law.

Refunds and disputes

Payments are final and non-refundable except where applicable law requires otherwise. kofy may grant, deny, or condition a discretionary refund without creating a duty to do so again. Cancellation, non-use, dissatisfaction, a service interruption, a feature change, or removal of content does not create a refund right unless the law requires one.

A refund, reversal, failed payment, or payment dispute may cause kofy to cancel a subscription, revoke related access or eligibility, deduct or reverse credits, void or offset unpaid Usage Earnings, create a negative balance, restrict the account, or terminate access. kofy may decide whether and on what conditions to restore anything affected by such an event. You must not submit a false or abusive payment dispute.

Statutory cancellation or withdrawal

Nothing in these Terms limits a non-waivable consumer right. Where European Union or United Kingdom law gives you a 14-day cancellation or withdrawal right, you may exercise it as provided by that law. If you expressly request performance during that period, you may owe the legally permitted proportion for service supplied before cancellation. For digital content, or after a service is fully performed, your right may end when the applicable legal requirements, including any required express consent and acknowledgement, are satisfied.

6. Credits and promotional value

Credits are limited, revocable accounting units usable only for Service features kofy designates. They are not money, stored value, property, or a deposit; have no cash value; and may not be transferred, sold, or redeemed for cash.

To the extent permitted by law, kofy may create or discontinue credit types; decide how credits are issued, priced, used, prioritized, reserved, deducted, adjusted, limited, or combined; set or change expiration and forfeiture rules; and withhold, freeze, revoke, deduct, correct, or clear credits. kofy reserves the right to clear purchased credits that remain unused for 12 months after they are obtained. Any specific term required to be disclosed for purchased credits will be shown when they are obtained or as otherwise required by law. Promotional, referral, bonus, replacement, or goodwill credits may be changed or withdrawn at kofy's discretion.

Usage displays, estimates, budgets, reservations, and projections are estimates or controls, not promises of a final charge. kofy may calculate and correct the final deduction using the actual usage, provider cost, and configuration it determines applicable to the transaction.

A negative balance may be carried forward and offset against later credits or other amounts. kofy may block paid or credit-using activity until the balance is resolved.

7. User Content and output

"User Content" means material you submit, store, create, select, or publish through the Service, including prompts, files, projects, profile material, Skills, templates, inputs, and feedback other than Feedback defined below. As between you and kofy, you retain ownership of User Content.

You grant kofy, without additional payment or compensation to you, a worldwide, non-exclusive right, with the right to use service providers, to host, store, reproduce, process, transmit, display, adapt for technical compatibility, review, and otherwise use User Content as reasonably needed to operate, secure, enforce, maintain compatibility, or provide the Service; make public material available as you direct; comply with law; and exercise kofy's rights under these Terms. This right continues for as long as reasonably needed for those purposes, including backups, legal retention, disputes, and material already copied into another user's project through a feature you enabled.

You represent that you have every right, permission, and lawful basis needed for User Content and kofy's use of it under these Terms. You are solely responsible for User Content, instructions, disclosures, and consequences of making material public.

Subject to applicable law and third-party rights, you may use output returned to you. kofy does not represent that output is owned by you, unique, accurate, complete, non-infringing, safe, or fit for any purpose. You must review output and accept responsibility for relying on or publishing it. The Service is not professional legal, medical, financial, or other advice.

"Feedback" means suggestions or ideas about kofy or the Service. If you provide Feedback, kofy may use it without restriction, attribution, or compensation.

8. Skills, templates, and third parties

Skills, templates, content, outputs, sign-in services, payment services, payout services, hosting, and model services may be supplied or affected by third parties. kofy may decide which third parties to use and may replace or stop using them at any time.

kofy does not endorse or assume responsibility for any Skill Provider, template developer, third party, third-party terms, content, act, omission, availability, decision, charge, or result. Review, ranking, publication, or availability through kofy is not verification or endorsement.

If you publish a Skill or template, the Publisher Terms also apply. The Publisher Terms control on publishing, provider duties, review, removal, Usage Earnings, and payouts; these Terms control otherwise.

9. Acceptable use

You must not, directly or indirectly:

• violate law, sanctions, export controls, another person's rights, or any applicable third-party terms;
• submit unlawful, infringing, deceptive, abusive, harmful, or malicious material;
• impersonate, exploit, endanger, defraud, or unlawfully monitor anyone;
• obtain, expose, or misuse credentials, personal information, confidential material, or non-public content;
• extract or attempt to discover a Skill's non-public prompt, conditions, configuration, safeguards, or other protected material;
• bypass or interfere with access, usage, payment, security, moderation, review, or technical controls;
• disrupt the Service, introduce malicious code, probe for vulnerabilities without written permission, or impose an unreasonable load;
• scrape, harvest, or automate access except through an interface kofy expressly provides for that purpose; or
• use the Service or output in a way that is deceptive, unsafe, or prohibited by a model or provider rule presented to you.

kofy may determine whether conduct violates these Terms and may impose or change usage restrictions to protect kofy, users, third parties, or the Service.

10. Review, enforcement, and termination

kofy may monitor, review, investigate, preserve, reject, restrict, hide, remove, or disclose content or activity; limit features; freeze or suspend accounts or balances; cancel subscriptions; and terminate access, with or without advance notice where permitted by law. kofy may act when it believes action is appropriate for operational, commercial, security, legal, payment, fraud, safety, rights, policy, or reputational reasons, or to protect kofy, a user, a third party, or the Service.

kofy may choose whether, when, and how to investigate, communicate, restore access, retain records, or take further action. A prior response does not require the same response later. Enforcement does not create responsibility for content or conduct kofy did not prevent.

You may request account closure through available controls, subject to the Published Rules. Closure may be delayed or denied until stated requirements are met. Closure may cancel subscriptions without refund, end access, remove or de-identify eligible data, and forfeit eligible credits or unpaid amounts. A statutory privacy request is separate and remains subject to applicable legal rights and exceptions. kofy may retain records for tax, payment, payout, dispute, fraud prevention, enforcement, audit, legal, and other legitimate purposes.

11. kofy materials and copyright complaints

kofy and its licensors retain all rights in the Service, software, interfaces, design, branding, documentation, and other kofy materials. Except for the limited access right in Section 2, no right is granted. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from those materials except where a restriction is prohibited by law.

kofy may remove material and terminate repeat infringers in appropriate circumstances. A DMCA notice must be sent to kofy's designated agent and include the information required by 17 U.S.C. § 512(c)(3).

DMCA Agent: [DMCA AGENT NAME]

Address: [DMCA AGENT ADDRESS]

Email: [DMCA AGENT EMAIL]

Telephone: [DMCA AGENT TELEPHONE]

A counter-notice must include the information required by 17 U.S.C. § 512(g)(3). kofy may send notices and counter-notices to affected parties and may restore or continue disabling material as permitted by law. False notices or counter-notices may create liability.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, KOFY MATERIALS, SKILLS, TEMPLATES, CONTENT, CREDITS, USAGE EARNINGS, AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. KOFY AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

KOFY DOES NOT WARRANT THAT THE SERVICE OR ANY RESULT WILL BE AVAILABLE, CONTINUOUS, SECURE, TIMELY, ERROR-FREE, COMPLETE, ACCURATE, COMPATIBLE, PRESERVED, OR FREE OF HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY CONTENT, CREDIT, EARNING, MODEL, PROVIDER, FEATURE, OR THIRD PARTY WILL REMAIN AVAILABLE. THERE IS NO SERVICE-LEVEL COMMITMENT.

Some jurisdictions do not allow certain exclusions. In those jurisdictions, the exclusions apply only to the maximum extent allowed by law.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOFY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA, CONTENT, CREDITS, OR EXPECTED USAGE EARNINGS, EVEN IF ADVISED THAT SUCH LOSS COULD OCCUR.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR THE PRIVACY POLICY WILL NOT EXCEED THE AMOUNT YOU PAID TO KOFY DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limits apply to every theory of liability and even if a remedy fails its essential purpose. They do not limit liability or remedies that applicable law does not allow the parties to limit.

14. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless kofy and its affiliates, officers, employees, and contractors from third-party claims, losses, liabilities, damages, judgments, and reasonable costs arising from User Content, your use of the Service, your breach of these Terms, your violation of law or another person's rights, or your fraud or misconduct. This section does not apply where consumer law prohibits it.

15. Governing law, courts, and claim period

Wyoming law governs these Terms and any dispute, without regard to conflict-of-law rules. The state and federal courts located in [COUNTY], Wyoming have exclusive jurisdiction, and you and kofy consent to those courts.

Mandatory consumer law, mandatory forum rights, and non-waivable remedies remain unaffected. To the maximum extent permitted by law, a claim must be filed within one year after it arose or it is permanently barred.

16. Changes and notices

kofy may modify these Terms at any time. The posted version and effective date identify the terms then offered. kofy may require renewed acceptance before further access, payment, or publication. Where permitted by law, continued use after an updated version takes effect constitutes acceptance; if you do not agree, you must stop using the affected Service and cancel any renewal.

kofy may send notices through the Service or to the email address associated with your account. You are responsible for keeping that address current and reviewing notices. Notices to kofy must be sent to and [ENTITY ADDRESS], unless a specific legal process requires another destination.

17. General terms

These Terms, the Publisher Terms where applicable, the Published Rules for the subjects they expressly cover, and transaction-specific terms are the entire agreement about the Service. Transaction-specific terms control for that transaction; the Publisher Terms control for the subjects stated in Section 8; otherwise these Terms control.

If a provision is unenforceable, it will be enforced to the greatest extent permitted and the remainder will continue. A failure to enforce is not a waiver. You may not assign these Terms without kofy's written consent. kofy may assign them in whole or part as permitted by law. No person other than you and kofy has rights under them unless expressly stated.

kofy is not responsible for delay or failure caused by events beyond its reasonable control. Provisions that by their nature should survive termination do survive, including provisions concerning ownership, payment, credits, enforcement, disclaimers, liability, indemnity, disputes, and general terms.

If kofy provides a translation of any legal text, the English version controls to the extent permitted by law. Headings do not affect interpretation.

18. Contact

Questions may be submitted through the kofy Help Center.

Dawnbound Studio LLC

[ENTITY ADDRESS]

California consumer notice

California residents may direct complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at 800-952-5210.