{"id":569,"date":"2022-05-04T14:06:35","date_gmt":"2022-05-04T22:06:35","guid":{"rendered":"https:\/\/live-cometml.pantheonsite.io\/?page_id=569"},"modified":"2026-06-09T16:49:36","modified_gmt":"2026-06-09T16:49:36","slug":"terms-of-service","status":"publish","type":"page","link":"https:\/\/www.comet.com\/site\/terms-of-service\/","title":{"rendered":"Comet Platform Terms of Service"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\"><b>Last Updated: June 5, 2026<\/b><\/p>\n\n\n\n<style>\n.legal-document { line-height: 1.6; }\n.legal-document h1 { margin-bottom: 0.25em; }\n.legal-document .last-updated { font-weight: 700; }\n.legal-document p { margin: 0 0 1em; }\n.legal-document p strong:first-child { font-weight: 700; }\n<\/style>\n<div class=\"legal-document comet-terms-of-service\"><p>Welcome to the Comet Platform Terms of Service\n(\u201c<strong>Terms<\/strong>\u201d). These Terms, together with any Order Form(s)\nyou enter into in connection herewith, and all exhibits and attachments\nhereto and thereto, shall collectively be referred to herein as the\n\u201c<strong>Agreement<\/strong>\u201d. For the purposes of this Agreement,\n&#8220;<strong>you<\/strong>&#8221; or \u201c<strong>Customer<\/strong>\u201d means you, the\nlicensee set forth in the Order Form or otherwise accessing and using\nthe Site (defined below) or the Comet Platform (defined below), and\n&#8220;<strong>Comet<\/strong>&#8221; \u201c<strong>we<\/strong>,\u201d \u201c<strong>us<\/strong>,\u201d\nor \u201c<strong>our<\/strong>\u201d means and refers to Comet ML Inc. and its\nAffiliates. Company and Customer may be referred to herein together as\nthe \u201c<strong>Parties<\/strong>\u201d and individually as a\n\u201c<strong>Party<\/strong>\u201d. Capitalized terms used but not defined herein\nshall have the meaning assigned in the corresponding Order Form, as\napplicable.<\/p><p>The Comet Platform enables data science teams and individuals to\ntrack their datasets, code changes, experimentation history, and\nproduction models creating efficiency, transparency, and\nreproducibility. You can use the Comet Platform for deep learning, or\nany computational tasks you wish to record.<\/p><p>Please read these Terms and the other components of the Agreement\ncarefully because they govern your use of our website, <a href=\"https:\/\/www.comet.com\">https:\/\/www.comet.com<\/a> (the\n\u201c<strong>Site<\/strong>\u201d) and the Comet Platform, and all of the services\nand products available through the Site and the Comet Platform. If you\nhave any questions, contact us at <a href=\"mailto:support@comet.com\">support@comet.com<\/a>.<\/p><p>In the event of a conflict between these Terms and any Order Form,\nthese Terms shall govern unless the provisions of the relevant Order\nForm explicitly state that the particular relevant portion of the Order\nForm should supersede these Terms.<\/p><p><strong>1<\/strong> <strong><u>Agreement to Terms; Enforceability<\/u><\/strong>: By\naccessing and using the Site or the Comet Platform you are accepting and\nagreeing to be bound by all of the terms, conditions, restrictions, and\nrequirements of this Agreement, including but not limited to these\nTerms, each such Order Form, and all exhibits or attachments thereto.\nFor the avoidance of doubt, this Agreement represents a limited,\nnon-exclusive, non-transferable, revocable license to access and use the\nSite and the Comet Platform and is not a contract for sale of the Site,\nthe Comet Platform, any component thereof, or any other product or\nservice. Customer expressly acknowledges and agrees that the Agreement\nshall be a binding and fully enforceable agreement and, as such, Comet\nshall be entitled to enforce all of the terms and conditions in the\nAgreement, including but not limited to any and all of Comet\u2019s rights\nand remedies set forth in the Agreement, directly against\nCustomer.<\/p><p><strong>2<\/strong> <strong><u>Definitions<\/u><\/strong>. For the purposes of this\nAgreement, the definitions set forth in this Section shall apply to the\nrespective terms:<\/p><p><strong>2.1<\/strong> \u201c<strong>Access Protocol<\/strong>\u201d means the passwords, access\ncodes, technical specifications and\/or instructions, connectivity\nstandards or protocols, or other relevant procedures and\/or\nDocumentation, as may be set forth or provided by Comet as necessary to\nallow Customer or any Users to access and use the Comet\nPlatform.<\/p><p><strong>2.2<\/strong> \u201c<strong>Affiliate<\/strong>\u201d shall mean any corporation or other\nentity that is directly or indirectly controlling, controlled by or\nunder common control with a Party. For the purpose of this definition,\n\u201ccontrol\u201d means: (i) the direct or indirect ownership of more than fifty\npercent (50%) of the capital stock of the subject entity; (ii) controls\nmore than fifty percent (50%) of the voting rights of the subject\nentity; or (iii) possesses, directly or indirectly, the power to direct\nor cause direction of the management or policies of the subject entity\n(whether through ownership of securities or other ownership interests,\nby contract or otherwise).<\/p><p><strong>2.3<\/strong> \u201c<strong>Agreement<\/strong>\u201d means, collectively, these Terms and\nall exhibits attached hereto and\/or incorporated herein by reference\n(including but not limited to each Order Form and any SOWs).<\/p><p><strong>2.4<\/strong> \u201c<strong>AI Features<\/strong>\u201d features of the Comet Platform\nthat utilize artificial intelligence, machine learning models,\ngenerative AI systems, and similar automated systems, including but not\nlimited to features that generate, analyze, or suggest code,\nconfigurations, or other outputs, including features that utilize or\nleverage Third-Party AI Systems.<\/p><p><strong>2.5<\/strong> \u201c<strong>AI Outputs<\/strong>\u201d means the results, outputs, code,\nrecommendations, and other materials generated by AI Features. AI\nOutputs are distinct from, and do not include, Customer Data (and vice\nversa).<\/p><p><strong>2.6<\/strong> \u201c<strong>Comet Platform<\/strong>\u201d means, collectively, Comet\u2019s\nhosted platform and related services for experiment management,\nmonitoring, evaluation, observability, and optimization of AI Features,\nincluding all (i) related modules, features, updates, or enhancements\nmade available by Comet, and (ii) Comet\u2019s APIs and pre-existing\ninformation, data, know-how, and materials incorporated in or used by or\non behalf of Comet to prepare and deliver the Comet Platform and related\nservices.<\/p><p><strong>2.7<\/strong> \u201c<strong>Customer Data<\/strong>\u201d means any data, information,\napplications, or other electronic items originated by Customer or its\nUsers that Customer or its Users submit to the Comet Platform and\/or\nproduced by the Comet Platform for Customer (but excluding AI\nOutputs).<\/p><p><strong>2.8<\/strong> \u201c<strong>Customer Hosted<\/strong>\u201d means, solely to the extent\nspecified on the corresponding Order Form, Customer\u2019s access of use of\nthe Comet Platform via systems and equipment owned, controlled, and\/or\nmanaged by or on behalf of Customer (collectively, \u201cCustomer Systems\u201d)\n(i.e., as opposed to access and use of the Comet Platform hosted by\nComet).<\/p><p><strong>2.9<\/strong> &#8220;<strong>Documentation<\/strong>&#8221; means the related materials\ncustomarily supplied or made available by Comet to customers relating to\nthe Comet Platform, including without limitation printed and on-line\ndocumentation, on-line help, and training materials.<\/p><p><strong>2.10<\/strong> &#8220;<strong>Intellectual Property Rights<\/strong>&#8221; means: (i) all\npatents, copyright, database rights, compilations, know-how, designs,\nand trademarks (registered or unregistered), and related goodwill, as\nwell as proprietary rights, trade secret, moral rights (including rights\nof authorship and attribution and subsequent modification); (ii) all\nother intellectual property rights and similar or equivalent rights\nanywhere in the world which currently exist or are recognized in the\nfuture; and (iii) applications, registrations, extensions, and renewals\nin relations to any such rights.<\/p><p><strong>2.11<\/strong> &#8220;<strong>Laws<\/strong>&#8221; means all applicable laws, regulations,\norders, and binding codes of practice, each as amended.<\/p><p><strong>2.12<\/strong> \u201c<strong>Order Form<\/strong>\u201d means each ordering document\nexecuted by the parties that references this Agreement and sets forth\nthe applicable Fees, Order Form Term (defined below), and usage\nparameters, in each case as signed and agreed by Comet and Customer\npursuant to the terms and conditions herein.<\/p><p><strong>2.13<\/strong> \u201c<strong>Span<\/strong>\u201d means a single unit of recorded execution\nactivity within the Comet Platform\u2019s observability and evaluation\nsystem, representing an operation, request, model invocation, tool call,\nworkflow step, or other instrumented event generated by Customer\u2019s\napplications or systems and captured by the Comet Platform for\nmonitoring, evaluation, or analysis purposes. Each Span represents one\ndiscrete telemetry record generated by the platform instrumentation\nduring the execution of a workflow, request, or process. Multiple Spans\nmay be generated as part of a single transaction, trace, or\nworkflow.<\/p><p><strong>2.14<\/strong> \u201c<strong>Span Usage<\/strong>\u201d means the total number of Spans\ngenerated, processed, or recorded by the Comet Platform on behalf of\nCustomer during the applicable billing period.<\/p><p><strong>2.15<\/strong> \u201c<strong>Start Date<\/strong>\u201d means, separately for each Order\nForm, the corresponding effective date of such Order Form Term.<\/p><p><strong>2.16<\/strong> \u201c<strong>Third-Party AI Systems<\/strong>\u201d means third-party\nartificial intelligence, machine learning, data processing, and\ninference routing platforms and services utilized or leveraged by Comet\nin connection with AI Features.<\/p><p><strong>2.17<\/strong> \u201c<strong>Trace<\/strong>\u201d means a collection of related Spans\nrepresenting the end-to-end execution of a request, workflow, or\ntransaction.<\/p><p><strong>2.18<\/strong> \u201c<strong>User<\/strong>\u201d means each end user of the Comet Platform\nwho is (a) a single, distinct employee of Customer or Customer\u2019s\nconsultant or contractor, (b) authorized by Customer to access the Comet\nPlatform on Customer\u2019s behalf, and (c) acting within the scope of their\nemployment with Customer or Customer\u2019s consultant or contractor and the\nservices they provide for Customer or on Customer\u2019s behalf.<\/p><p><strong>2.19<\/strong> \u201c<strong>User Count<\/strong>\u201d means the actual number of Users\nthat have been registered to use the Comet Platform.<\/p><p><strong>3<\/strong> <strong><u>GRANT OF LICENSES TO CUSTOMER<\/u><\/strong>.<\/p><p><strong>3.1<\/strong> <u>Right of Access and Use<\/u>. Subject to the terms and\nconditions of this Agreement, Comet grants to Customer a non-exclusive,\nnon-transferable, non-sublicensable, limited right and license, solely\nduring the corresponding Order Form Term, for Customer and its Users to:\n(i) access and use the Comet Platform as provided by Comet, solely for\nCustomer\u2019s internal business purposes and in accordance with the\napplicable Access Protocols, and (ii) if applicable, install, copy, and\nuse the Comet Platform on a Customer Hosted basis as installed on\nCustomer Systems. Customer acknowledges and agrees that Customer\u2019s use\nof the Comet Platform may be subject to User and\/or usage-based metrics,\nincluding but not limited to the generation and processing of Spans, and\nsuch usage may be billed in accordance with the pricing and usage terms\nand conditions set forth in the applicable Order Form. From time to time\nthroughout the Term, Comet shall have the right in its sole discretion\nto update, enhance, modify, or discontinue features or functionality of\nthe Comet Platform; provided, no such update, enhancement, modification,\nor discontinuation will result in a material degradation of the Comet\nPlatform\u2019s core functionality available to Customer as of the\ncorresponding Start Date. Customer may access and use Customer Data and\nAI Outputs generated through Customer\u2019s use of the Comet Platform, at\nall times subject to and in accordance with the terms and conditions of\nthis Agreement.<\/p><p><strong>3.2<\/strong> <u>Professional Services<\/u>. To the extent Customer orders\ninstallation (Customer Hosted only), configuration, and\/or other\nprofessional services, such professional services shall be identified on\nthe applicable Order Form and\/or in a mutually agreed statement of work\n(each, a \u201c<strong>SOW<\/strong>\u201d). Each SOW shall be incorporated by\nreference herein. The manner and means by which Comet provides\nprofessional services hereunder are in Comet\u2019s sole discretion and\ncontrol, provided Comet shall provide such professional services in a\nprofessional manner consistent with that degree of care and skill\nordinarily exercised by members of the same profession currently\npracticing under similar circumstances. Customer shall reimburse Comet\nfor reasonable out-of-pocket expenses, including, but not limited to,\ntravel, meals, and lodging expenses, incurred by Comet in connection\nwith the performance of these professional services.<\/p><p><strong>3.3<\/strong> <u>Customer Hosted Access<\/u>. If Customer is accessing and using\nthe Comet Platform on a Customer Hosted basis, as specified in the\ncorresponding Order Form, the parties acknowledge and agree: (i)\nCustomer may maintain a reasonable number of copies of the Comet\nPlatform on its Customer Systems, solely for backup and recovery\npurposes; (ii) Comet shall provide to Customer, without any additional\ncharge, access to all updates, upgrades, maintenance releases and bug\nfixes to the Comet Platform to the extent generally released to other\nComet-hosted customers; (iii) at all times during the Term, Customer\nshall maintain and deploy industry standard or better physical and data\nsecurity, protection, anti-virus, and backup, mechanisms, policies, and\nprotocols; and (iv) Customer shall not (and shall not permit or\nencourage any third party to) (A) modify the Comet Platform, (B) modify,\nalter, obstruct, and\/or remove any copyright or other proprietary rights\nstatements, notices, or legends contained on or in the Comet Platform,\nand\/or (C) use the Comet Platform, or allow the transfer, transmission,\nexport, or re-export of the Comet Platform or portion thereof in\nviolation of any export control Laws administered by the U.S. Commerce\nDepartment, OFAC, or any other government agency.<\/p><p><strong>3.4<\/strong> <u>Acceptable Use; Customer Responsibilities<\/u>.<\/p><p><strong>3.4.1<\/strong> Customer shall: (i) be responsible and liable for any action or\ninaction of Users that is in breach of this Agreement; (ii) be solely\nresponsible for the accuracy, quality, integrity, legality, and\nappropriateness of Customer Data, including the means by which Customer\n(and Users) acquire, upload, transmit, process and use Customer Data;\n(iii) use commercially reasonable efforts to prevent unauthorized access\nto or use of the Comet Platform, including as provided in Section 2.4(b)\nbelow, and notify Comet promptly of any such unauthorized access or use;\n(iv) be responsible for obtaining and maintaining appropriate equipment\nneeded to connect to, access or otherwise use the Comet Platform,\nincluding, without limitation, computers, computer operating systems and\nweb browsers; and (v) be responsible for properly configuring and using\nthe Comet Platform.<\/p><p><strong>3.4.2<\/strong> Customer shall be responsible for all changes to and\/or deletions\nof all security passwords and other Access Protocols required in order\nto access the Comet Platform. Customer shall also manage security\nprotocols for accessing the Comet Platform (e.g., mandatory password\nresets; duration of use before passwords must be reentered; etc.).\nCustomer shall be responsible for compliance by its Users with the\nAccess Protocols and all other such security protocols related to the\nComet Platform. Customer agrees to collect, maintain, store, transmit,\nand disclose any information gathered hereunder, including but not\nlimited to any Customer Data, in compliance with its published terms of\nuse, privacy policy, and Laws. Customer agrees that Comet does not\nassume any liability or responsibility to Customer or any third party\nfor any Customer Data made accessible via the Comet Platform.<\/p><p><strong>3.5<\/strong> <u>License Limitations<\/u>. The Comet Platform is licensed for\nuse only and not sold. Customer, its Users, and its customers shall not:\n(i) distribute, sell, license, provide or otherwise make the Comet\nPlatform available to third parties except to Users as expressly\nprovided herein; (ii) use the Comet Platform on behalf of third parties,\nwhether on a service bureau, SaaS, time sharing basis, or otherwise\nexcept as otherwise expressly provided herein; (iii) use the Comet\nPlatform to access or attempt to access Comet or third-party systems,\ndata, or resources without authorization; (iv) submit or process data in\nviolation of Laws or third-party rights, or otherwise use the Comet\nPlatform in any way that is in violation of any Laws or third-party\nrights; (v) circumvent or bypass any safeguards or usage restrictions\nimplemented by or on behalf of Comet; (vi) release, publish, and\/or\notherwise make available to any third party the results of any\nperformance, functional or security evaluation of the Comet Platform\nwithout the prior written approval of Comet; (vii) defeat or circumvent\nany controls or accounting within the Comet Platform; (viii) use the\nComet Platform in any manner or assist or take part in the development,\nmarketing, or sale of a product potentially competitive with the Comet\nPlatform; (ix) reverse engineer, decompile, disassemble, or otherwise\nattempt to discover the source code of the Comet Platform except to the\nextent source code is necessarily provided for the ordinary operation of\nthe Comet Platform; and\/or (x) allow, assist, or permit others to do any\nof the foregoing.<\/p><p><strong>3.6<\/strong> <u>Ownership<\/u>. The parties expressly acknowledge and agree, as\nbetween Comet and Customer, that: (i) Comet is the sole and exclusive\nowner of all right, title, and interest in the Comet Platform, including\nall Intellectual Property Rights therein; and (ii) Customer shall be the\nsole and exclusive owner of any Customer Data, exclusive of the Comet\nPlatform itself. Each party hereby reserves all rights not expressly\ngranted under this Agreement.<\/p><p><strong>3.7<\/strong> <u>Consent<\/u>. Customer agrees to be identified as a customer of\nComet and Comet may refer to Customer by name, trade name and trademark,\nif applicable, and may briefly describe Customer\u2019s business in Comet\u2019s\nmarketing materials and website. Comet may issue a press release\nreferencing the relationship of the parties under this Agreement,\nprovided such any such press release will be subject to Customer\u2019s prior\nwritten approval with respect to content, which approval will not be\nunreasonably withheld, conditioned, or delayed.<\/p><p><strong>3.8<\/strong> <u>Feedback<\/u>. Customer may, from time to time, provide Comet\nwith feedback, comments, or suggestions regarding the Comet Platform\n(collectively, \u201c<strong>Feedback<\/strong>\u201d). Customer hereby grants to\nComet a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,\nsublicensable, and transferable right and license to use, copy, modify,\ncreate derivative works based upon, and otherwise exploit such Feedback\nfor any purpose in connection with the Comet Platform and\/or Comet\u2019s\nother products and services. For the avoidance of doubt, Feedback shall\nnot include any Customer Data or AI Outputs.<\/p><p><strong>3.9<\/strong> <u>Privacy<\/u>. Your privacy is important to us. Please review\nour Privacy Policy for information about the data we may collect and\nuse. Our Privacy Policy is incorporated in these Terms, and is available\nat <a href=\"http:\/\/www.comet.com\/site\/privacy-policy\">www.comet.com\/site\/privacy-policy<\/a>.\nYOU AGREE THAT COMET MAY MONITOR YOUR USE OF THE SITE TO ENSURE QUALITY,\nIMPROVE THE SERVICES, AND TO VERIFY YOUR COMPLIANCE WITH THE TERMS. You\nunderstand and agree that Comet may track your movement on the Site and\nanonymize the data for the purposes of quality assurance, technical\nsupport, or Service improvements. By visiting the Site, and using the\nServices, you agree to the collection and use of such data.<\/p><p><strong>3.10<\/strong> <u>Suspension<\/u>. Customer acknowledges and shall cause its\nUsers to acknowledge that Comet may, temporarily or permanently suspend\nor discontinue access to the Comet Platform in the event Comet, in its\ngood faith reasonable discretion, is aware of or suspects (i) any\nviolation of the terms or conditions of this Agreement, and\/or (b) any\nrisk of material harm or liability to the Comet Platform, Comet, and\/or\nCustomer.<\/p><p><strong>4<\/strong> <strong><u>FEES<\/u><\/strong>.<\/p><p><strong>4.1<\/strong> <u>Fees<\/u>. Separately for each Order Form, during the\ncorresponding Order Form Term, Customer shall pay Comet the fees\n(collectively, \u201c<strong>Fees<\/strong>\u201d) set forth in the applicable\nOrder Form, which Fees may include one or more of the following: (i)\nComet Platform subscription fees granting Customer access to the Comet\nPlatform during the applicable Order Form Term; (ii) consumption fees\nbased on Customer\u2019s usage of the Comet Platform, including but not\nlimited to the number of Spans generated, processed, or recorded by the\nComet Platform (\u201c<strong>Span Usage<\/strong>\u201d) during the applicable\nbilling period; and\/or (iii) User fees based on the number of Users (or\n\u201c<strong>User Count<\/strong>\u201d) authorized by Customer to access or use\nthe Comet Platform or certain features or functionality thereof. All\napplicable Fees, including rates, pricing, usage tiers, and billing\nterms are set forth in the applicable Order Form.<\/p><p><strong>4.2<\/strong> <u>Payments<\/u>. All payments to Comet shall be made in U.S.\nDollars pursuant to the terms set forth in the applicable Order Form.\nAny amount not paid within thirty (30) days from the date due shall bear\ninterest from such date until paid at the lesser of 1.5% per month (18%\nper annum), or the maximum rate permitted by applicable Law.<\/p><p><strong>4.3<\/strong> <u>Taxes<\/u>. Customer shall be responsible for all taxes or\ncharges of any kind in connection with this Agreement (including but not\nlimited to customs duties, government permits, tariffs, excise, gross\nreceipts, sales and use, and value added tax), except for taxes based on\nComet\u2019s net income.<\/p><p><strong>4.4<\/strong> <u>Usage<\/u>.<\/p><p><strong>4.4.1<\/strong> <u>Measurement<\/u>. Comet will monitor and record Span Usage and\nUser Counts, as applicable, through the Comet Platform and such usage\nrecords maintained by Comet shall be the authoritative source for\ndetermining such usage for billing purposes. Customer shall not\ninterfere with, disable, or circumvent the Comet Platform\u2019s usage\nmeasurement mechanisms.<\/p><p><strong>4.4.2<\/strong> <u>Overages<\/u>. If during the applicable billing period\nCustomer\u2019s usage exceeds any prepaid or committed usage amounts, as\nspecified in the applicable Order Form, Customer shall be billed for\nsuch excess usage at the rates set forth in the Order Form.<\/p><p><strong>4.4.3<\/strong> <u>Reasonable Usage and Platform Protection<\/u>. Customer shall\nuse the Comet Platform in accordance with reasonable usage patterns. If\nCustomer\u2019s usage, including Span Usage, materially exceeds expected\nlevels or threatens the performance or availability of the Comet\nPlatform, Comet may take reasonable measures to protect the Comet\nPlatform, including rate limiting or suspension of excessive usage.\nWhere reasonably practicable, Comet will provide notice to Customer\nprior to taking such action.<\/p><p><strong>4.4.4<\/strong> <u>Disputes<\/u>. Customer must notify Comet in writing of any\ngood faith dispute regarding usage or billing within thirty (30) days of\nthe applicable invoice date. Failure to notify Comet within such period\nshall be deemed acceptance of the invoice.<\/p><p><strong>4.4.5<\/strong> <u>Customer Responsibility for Usage<\/u>. Customer is responsible\nfor all usage of the Comet Platform generated through Customer\u2019s\naccounts, applications, systems, or instrumentation, including usage\nresulting from configuration errors, software defects, or unauthorized\naccess. Customer acknowledges that the Comet Platform may generate\nsignificant usage volumes depending on how it is implemented or\nconfigured, and Customer remains responsible for all Fees associated\nwith such usage in accordance with this Agreement.<\/p><p><strong>4.5<\/strong> <u>Comet Platform Credits<\/u>. If agreed in the corresponding\nOrder Form, Customer\u2019s access to and use of the Comet Platform may\ninclude the ability for Customer to purchase usage-based platform\ncredits (\u201c<strong>Comet Platform Credits<\/strong>\u201d), which Comet\nPlatform Credits will be consumed through Customer\u2019s use of certain AI\nFeatures. By acquiring and using Comet Platform Credits, Customer\nacknowledges and agrees that:<\/p><p><strong>4.5.1<\/strong> Comet Platform Credits are not legal tender, do not represent\nstored value, and are not redeemable for cash.<\/p><p><strong>4.5.2<\/strong> Comet Platform Credit pricing, Fees, billing, and related terms\nare set forth in the applicable Order Form. Comet Platform Credits are\nnon-refundable and non-transferable. Unless otherwise agreed by the\nparties in writing, (i) Comet Platform Credits will expire within twelve\n(12) months or at the end of the corresponding Order Form Term year,\nwhichever is earlier, and (ii) upon termination of Customer\u2019s account or\nexpiration or termination of the corresponding Order Form, any unused\nComet Platform Credits automatically shall be forfeited and will not be\nrefunded or converted to any other form of value.<\/p><p><strong>4.5.3<\/strong> Comet Platform Credit consumption rates may vary based on a\nnumber of factors, including but not limited to usage, configuration,\nmodel selection, system activity, or other factors determined by Comet,\nand Customer is solely responsible for monitoring its use of the Comet\nPlatform and associated Comet Platform Credit consumption. Comet does\nnot guarantee that Comet Platform Credit consumption will be predictable\nor consistent, and usage may vary significantly based on a variety of\nfactors, including but not limited to system behavior, inputs, and\nconfiguration.<\/p><p><strong>4.5.4<\/strong> At any time, Comet may modify Comet Platform Credit pricing or\nconsumption rates applicable to future Comet Platform Credit purchases\nupon notices in accordance with this Agreement or as set forth in the\napplicable Order Form (provided, for clarity, any such modification\nshall not apply to or affect the value of Comet Platform Credits\npurchased before the effective date of such modification).<\/p><p><strong>4.6<\/strong> <u>Suspension for Non-Payment<\/u>. Comet reserves the right to\nsuspend Customer\u2019s access to the Comet Platform upon written notice if\nCustomer fails to pay undisputed Fees when due and such failure\ncontinues for ten (10) days after notice.<\/p><p><strong>5<\/strong> <strong><u>TERM AND TERMINATION<\/u><\/strong>.<\/p><p><strong>5.1<\/strong> <u>Term; Order Form Term<\/u>. Unless otherwise terminated in\naccordance with the terms and conditions of this Agreement, the\n\u201c<strong>Term<\/strong>\u201d of this Agreement shall commence upon the\nEffective Date and continue for successive one (1)-year periods. Each\nOrder Form shall have a separate corresponding Order Form term\n(including renewals, as applicable) as set forth in such Order Form\n(each, an \u201c<strong>Order Form Term<\/strong>\u201d).<\/p><p><strong>5.2<\/strong> <u>Termination for Cause<\/u>. Without prejudice to any other\nrights, if either party materially defaults in the performance of this\nAgreement or any Order Form, then the non-breaching party may give\nwritten notice to the defaulting party of such material default. If the\nnoticed default is not cured within sixty (60) calendar days (or ten\n(10) days in the case of non-payment) following receipt of default\nnotice by the defaulting party, then the non-breaching party shall have\nthe immediate right to terminate this Agreement and\/or the corresponding\nOrder Form. This Agreement and each Order Form also may be terminated by\na party, effective immediately, if the other party: (i) ceases to do\nbusiness, or otherwise terminates its business operations without a\nsuccessor; or (iii) becomes insolvent or seeks protection under any\nbankruptcy, receivership, trust deed, creditors arrangement,\ncomposition, or comparable proceeding, or if any such proceeding is\nfiled against it and not dismissed within ninety (90) days.<\/p><p><strong>5.3<\/strong> <u>Termination by Comet for Unauthorized Assignment by\nCustomer<\/u>. If Customer assigns this Agreement without consent of\nComet, Comet may, upon written notice to Customer, terminate this\nAgreement and each Order Form immediately for cause and any provision\nhereof with respect to cure will not apply to termination.<\/p><p><strong>5.4<\/strong> <u>Other<\/u>. Notwithstanding the foregoing, either party may\nterminate this Agreement upon written notice to the other party at any\ntime twenty-four (24) months after the latest Order Form Term expiration\nor termination date.<\/p><p><strong>5.5<\/strong> <u>Effect of Termination<\/u>. Upon any termination or expiration\nof this Agreement: (i) all access, rights and licenses granted to\nCustomer hereunder shall terminate; and (ii) Customer shall cease using\nthe Comet Platform. Any Fees already paid by Customer to Comet are\nnon-refundable. Solely for Customer\u2019s accessing and using the Comet\nPlatform on a Customer Hosted basis, upon any termination or expiration,\nCustomer also shall destroy (or at Comet\u2019s option, return) all copies of\nthe Comet Platform.<\/p><p><strong>5.6<\/strong> <u>Survival<\/u>. Sections 3.3 through 3.10, 4, 5.5, 5.6, 6, 7, 8,\nand 9 shall survive termination of this Agreement.<\/p><p><strong>6<\/strong> <strong><u>WARRANTIES; DISCLAIMERS; LIMITATION OF\nLIABILITY<\/u><\/strong>.<\/p><p><strong>6.1<\/strong> <u>Representations &amp; Warranties<\/u>.<\/p><p><strong>6.1.1<\/strong> <u>General Warranty<\/u>. Each party represents and warrants to\nthe other party that: (i) it has all necessary right, power, and\nauthority to enter into this Agreement; and (ii) it has the right to\nprovide and license the Comet Platform under this Agreement.<\/p><p><strong>6.1.2<\/strong> <u>IP Warranty<\/u>. Customer represents and warrants that the\nCustomer Data and Customer Systems, to its knowledge, do not contain any\nmatter that does or will infringe any copyright, trade secret,\ntrademark, patent, or other intellectual property right of any third\nparty.<\/p><p><strong>6.1.3<\/strong> <u>Software Warranty<\/u>. Comet warrants that the Comet Platform\nwill materially conform to the Documentation. Customer must notify Comet\nof any material deficiencies with the Comet Platform within ten (10)\ndays from provision of deficient software in order to receive any\nwarranty remedy for such deficiency. For any breach of the foregoing\nwarranty, Customer\u2019s exclusive remedy shall be for Comet to use\ncommercially reasonable efforts to correct such deficiency, provided\nthat if correction in compliance with this warranty is not possible or\npractical, Customer\u2019s sole remedy shall be to terminate the applicable\nOrder Form Term and\/or the Term of this Agreement.<\/p><p><strong>6.2<\/strong> <u>Restrictions<\/u>. Comet\u2019s express representations and\nwarranties specified in Section 5.1(c) above shall not apply if the\nComet Platform or any portion thereof: (i) has been altered, except by\nor on behalf of Comet; (ii) has not been used, installed, operated,\nrepaired, or maintained in accordance with this Agreement or Access\nProtocols, or any update or upgrade has not been installed where such\nupdate or upgrade would have resolved the issue; (iii) is used on\nequipment, products, or systems not meeting specifications identified by\nComet in the applicable Access Protocols; and\/or (iv) is licensed, for\nbeta, evaluation, or testing purposes. Additionally, the warranties set\nforth herein only apply when notice of a warranty claim is provided to\nComet within the applicable warranty period specified herein and do not\napply to any bug, defect, or error caused by or attributable to software\nor hardware not supplied by Comet. For the avoidance of doubt, Comet\u2019s\nexpress representations and warranties specified in Section 5.1(c) above\nshall not apply to AI Outputs or Third-Party AI Systems, which are\nsubject to Section 5.3 below. Comet shall have no responsibility for\nerrors in, loss of, or damage to Customer Data, regardless of the cause\nof any such errors, loss, or damage, nor shall Comet be responsible for\nthe security of or any security incident related to the storage,\ntransfer or processing of Customer Data.<\/p><p><strong>6.3<\/strong> <u>AI Outputs<\/u>:<\/p><p><strong>6.3.1<\/strong> Customer is solely responsible for all use of the Comet Platform\nunder Customer\u2019s account, including any actions taken by or on behalf of\nCustomer based on the Comet Platform, including AI Outputs generated by\nthe Comet Platform, and any consequences arising from such actions.\nCustomer also is solely responsible for ensuring that Customer has the\nnecessary rights and permissions to submit any Customer Data to the\nComet Platform, including Customer Data processed by AI Features and\/or\nThird-Party AI Systems. Accordingly, Customer acknowledges and agrees\nthat: (i) AI Outputs may be inaccurate, incomplete, unreliable, or\nproduce unintended or harmful results, including results that could\ndisrupt, impair, or damage software systems, AI agents, or other\ntechnology; (ii) Customer is solely responsible for reviewing,\nvalidating, testing, and approving any AI Outputs prior to\nimplementation or execution, including testing in a non-production\nenvironment before deploying any AI Output that modifies a production\nsystem, AI agent, or live service; (iii) any implementation or execution\nof AI Outputs (including, without limitation, code changes,\nconfiguration updates, or modifications to AI agents or automated\nsystems) is performed at Customer\u2019s sole risk; (iv) the AI Features are\ndesigned to operate as tools under Customer\u2019s direction and control,\nrequire authorization before taking action, and are not acting as\nCustomer\u2019s agent, fiduciary, or advisor; (v) Customer\u2019s interactions\nwith AI Features, including prompts, inputs, and AI Outputs, may be\nlogged and retained by Comet for quality assurance, debugging, and\nservice improvement purposes; (vi) Comet shall not be responsible for\nany damages, losses, or liabilities arising from Customer\u2019s use,\nimplementation, or execution of AI Outputs, including any disruption,\nimpairment, or loss of your AI agents, software systems, or related\ndata, except to the extent prohibited by applicable Law.<\/p><p><strong>6.3.2<\/strong> Comet does not claim ownership of AI Outputs generated on\nCustomer\u2019s behalf. To the extent AI Outputs are protectable under\napplicable intellectual property Law, ownership shall vest in Customer,\nsubject to any rights of third parties in underlying training data or\nmodels or to the extent restricted or otherwise provided by applicable\nThird-Party AI Systems terms and conditions of service. You acknowledge\nthat AI Outputs may not be protectable under applicable Law due to the\nabsence of human authorship, and you bear sole responsibility for any\nthird-party intellectual property claims arising from your use of AI\nOutputs.<\/p><p><strong>6.3.3<\/strong> To the extent the AI Features incorporate or rely on Third-Party\nAI Systems, Customer acknowledges and agrees that: (i) Comet may route\nCustomer Data and Customer\u2019s prompts, inputs, and instructions to such\nThird-Party AI Systems in order to provide the AI Features; (ii)\nThird-Party AI Systems are not under Comet\u2019s control, and Comet is not\nresponsible for their availability, performance, accuracy, or outputs;\n(iii) Comet makes no representations or warranties regarding Third-Party\nAI Systems or any AI Outputs generated through such services; (iv)\nCustomer\u2019s use of the Comet Platform, including AI Features, must comply\nwith Laws and may not be used to circumvent or violate the terms or\nusage policies of any Third-Party AI Systems; (v) Third-Party AI Systems\nused to provide the AI Features may be updated, changed, or replaced by\nComet at any time without notice to Customer, and such changes shall not\naffect Customer\u2019s or Comet\u2019s obligations under this Agreement; and (vi)\nprocessing of Customer Data by Third-Party AI Systems is subject to\ntheir respective terms and privacy policies, which Comet will use\ncommercially reasonable efforts to make available or reference upon\nrequest. If Customer submits to the Comet Platform Customer Data from or\nrelating to Customer\u2019s own customers, end users, or other third parties,\nCustomer acknowledges and agrees that (A) Customer shall be solely\nresponsible for its own compliance obligations to those third parties\nunder Law, including but not limited to applicable privacy, data\nprotection, and consumer protection Laws, (B) Comet\u2019s processing of such\ndata on Customer\u2019s behalf through the Comet Platform, including via AI\nFeatures and Third-Party AI Systems, does not transfer or diminish\nCustomer\u2019s compliance obligations, and (C) Customer represents and\nwarrants that it has obtained all necessary rights, consents, and\nauthorizations under applicable Law to submit such data to the Comet\nPlatform.<\/p><p><strong>6.4<\/strong> <u>DISCLAIMER<\/u>. EXCEPT AS EXPRESSLY PROVIDED IN THIS\nAGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY HEREBY\nEXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS,\nWHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED\nWARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY,\nFITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT,\nPERFORMANCE AND THOSE ARISING BY STATUTE OR FROM CUSTOM OR USAGE OF\nTRADE OR COURSE OF DEALING. COMET DOES NOT GUARANTEE THE SECURITY OF ANY\nCUSTOMER DATA OR THAT THE OPERATION OF THE COMET PLATFORM WILL BE\nUNINTERRUPTED OR ERROR-FREE, AND CUSTOMER ACKNOWLEDGE THAT IT IS NOT\nTECHNICALLY PRACTICABLE FOR COMET TO DO SO. COMET MAKES NO\nREPRESENTATIONS OR WARRANTIES THAT ANY AI OUTPUTS GENERATED THROUGH THE\nCOMET PLATFORM WILL BE ACCURATE, COMPLETE, RELIABLE, SECURE, OR FIT FOR\nYOUR INTENDED PURPOSE, OR THAT USE OF SUCH AI OUTPUTS WILL NOT RESULT IN\nERRORS, DISRUPTIONS, IMPAIRMENT OF YOUR SYSTEMS OR AI AGENTS, OR OTHER\nUNINTENDED CONSEQUENCES.<\/p><p><strong>6.5<\/strong> <u>LIMITATION OF LIABILITY<\/u>. TO THE MAXIMUM EXTENT PERMITTED\nBY LAW: (I) IN NO EVENT WILL COMET BE LIABLE TO CUSTOMER, WHETHER IN\nCONTRACT, BY REASON OF NEGLIGENCE, OR OTHERWISE, FOR PUNITIVE,\nCONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES OR COSTS\n(INCLUDING LEGAL FEES AND EXPENSES) OR LOSS OF GOODWILL OR PROFIT IN\nCONNECTION WITH THE SUPPLY, USE OR PERFORMANCE OF OR INABILITY TO USE\nTHE COMET PLATFORM, THE STORAGE, TRANSFER, OR PROCESSING OF CUSTOMER\nDATA, CUSTOMER\u2019S RELIANCE ON OR USE OF AI OUTPUTS GENERATED BY THE COMET\nPLATFORM, INCLUDING ANY CODE, RECOMMENDATIONS, OR AUTOMATED ACTIONS,\nAND\/OR IN CONNECTION WITH ANY CLAIM ARISING FROM THIS AGREEMENT, EVEN IF\nCOMET, ITS SUBSIDIARIES, ITS AFFILIATES, OR COMET\u2019S REPRESENTATIVES HAVE\nBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS; AND (II)\nCUSTOMER AGREES THAT COMET\u2019S ENTIRE LIABILITY HEREUNDER FOR DAMAGES\nSHALL NOT EXCEED (A) THE AGGREGATE AMOUNTS PAID OR PAYABLE BY CUSTOMER\nWITHIN THE SIX (6)-MONTH PERIOD IMMEDIATELY PRECEEDING THE DATE THE\nLIABILITY THAT GAVE RISE TO DAMAGES WAS INCURRED, OR (B) ONE HUNDRED\nDOLLARS ($100.00), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COMET,\nAS APPLICABLE.<\/p><p><strong>6.6<\/strong> THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF DAMAGES, CLAIMS,\nAND LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE\nBARGAIN BETWEEN THE PARTIES AND ARE INTENDED TO APPLY WITHOUT REGARD TO\nWHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE\nPROVEN INEFFECTIVE. THE PARTIES ACKNOWLEDGE AND AGREE THAT, ABSENT ANY\nOF SUCH DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THE PROVISIONS OF THIS\nAGREEMENT, INCLUDING, WITHOUT LIMITATION, THE ECONOMIC TERMS, WOULD BE\nSUBSTANTIALLY DIFFERENT.<\/p><p><strong>7<\/strong> <strong><u>INDEMNIFICATION<\/u><\/strong>. Customer shall\nindemnify, defend, and hold harmless Comet, its Affiliates, and its and\ntheir respective officers, directors, employees, agents, and\nrepresentatives, from and against any and all Losses, costs, damages,\nliabilities and expenses (including, without limitation, judgments,\nfines, amounts paid or to be paid in settlement and reasonable\nattorney\u2019s fees and expenses) (collectively,\n\u201c<strong>Liabilities<\/strong>\u201d) incurred, sustained or suffered by such\nindemnified party as a result of any third-party claims, suits, actions,\nor proceedings (collectively, \u201c<strong>Claims<\/strong>\u201d) arising out of\nor related to: (i) Customer\u2019s use of the Comet Platform; (ii) Customer\u2019s\nbreach of this Agreement; (iii) Customer Data and Customer Systems,\nincluding but not limited to Claims that such Customer Data and\/or\nCustomer Systems infringes upon any U.S. patent, copyright, or trade\nsecret of any third party; (iv) Customer\u2019s implementation or execution\nof any AI Outputs; or (v) Customer\u2019s use of the Comet Platform in\nviolation of Laws, including without limitation your submission of data\nto the Comet Platform in violation of any privacy, data protection, or\nhealthcare regulations. Comet will assist Customer in taking reasonable\nactions to prevent or mitigate actual losses and liabilities, at\nCustomer\u2019s expense.<\/p><p><strong>8<\/strong> <strong><u>CONFIDENTIALITY<\/u><\/strong>.<\/p><p><strong>8.1<\/strong> <u>Confidential Information<\/u>. \u201c<strong>Confidential\nInformation<\/strong>\u201d means any information disclosed by one party to\nthe other pursuant to this Agreement that is in written, graphic,\nmachine-readable or other tangible form and is marked \u201cConfidential\u201d,\n\u201cProprietary\u201d or in some other manner to indicate its confidential\nnature, or that a reasonable person otherwise would consider\nconfidential or proprietary in nature under the circumstances,\nincluding, without limitation, computer programs, algorithms, names and\nexpertise of employees and consultants, know-how, formulae, processes,\nideas, inventions (whether patentable or not), schematics and other\ntechnical, business, financial, customer and product development plans,\nforecasts, strategies and information). Confidential Information may\nalso include oral information disclosed by one party to the other\npursuant to this Agreement, provided that such information is designated\nas confidential at the time of disclosure and is reduced to writing by\nthe disclosing party within a reasonable time (not to exceed 30 days)\nafter its oral disclosure, and such writing is marked in a manner to\nindicate its confidential nature and delivered to the receiving party,\nor a reasonable person otherwise would consider such disclosure\nconfidential or proprietary in nature under the circumstances.<\/p><p><strong>8.2<\/strong> <u>Confidentiality<\/u>. Each party shall treat as confidential\nall Confidential Information of the other party, shall not use such\nConfidential Information except to exercise its rights and perform its\nobligations under this Agreement herein, and shall not disclose such\nConfidential Information to any third party, other than on a\nneed-to-know basis to its agents and representatives that are bound to\nmaintain the confidentiality thereof. Without limiting the foregoing,\neach of the parties shall use at least the same degree of care it uses\nto prevent the disclosure of its own confidential information of like\nimportance, to prevent the disclosure of Confidential Information of the\nother party. Each party shall promptly notify the other party of any\nactual or suspected misuse or unauthorized disclosure of the other\nparty&#8217;s Confidential Information.<\/p><p><strong>8.3<\/strong> <u>Exceptions<\/u>. Confidential Information excludes information\nthat: (i) was in the public domain at the time it was disclosed or has\nbecome in the public domain through no fault of the receiving party;\n(ii) was rightfully known to the receiving party, without restriction,\nat the time of disclosure, as demonstrated by files in existence at the\ntime of disclosure; (iii) is disclosed with the prior written approval\nof the disclosing party; (iv) was independently developed by the\nreceiving party without any use of the Confidential Information; (v)\nbecomes known to the receiving party, without restriction, from a source\nother than the disclosing party, without breach of any agreement; or\n(vi) is disclosed generally to third parties by the disclosing party\nwithout restrictions similar to those contained in this Agreement. The\nreceiving party may disclose the other party&#8217;s Confidential Information\nto the extent such disclosure is required by order or requirement of a\ncourt, administrative agency, or other governmental body, but only if\nthe receiving party provides prompt notice thereof to the disclosing\nparty to enable the disclosing party to seek a protective order or\notherwise prevent or restrict such disclosure. Comet may refer to\nCustomer as a customer.<\/p><p><strong>8.4<\/strong> <u>Confidentiality of Agreement<\/u>. The specific terms and\nconditions of this Agreement will be treated as Confidential\nInformation; provided, however, that each party may disclose the terms\nand conditions of this Agreement: (i) as required by any court or other\ngovernmental body; (ii) as otherwise required by Law; (iii) to legal\ncounsel of the parties; (iv) in confidence, to accountants, banks, and\nfinancing sources and their advisors; (v) in connection with the\nenforcement of this Agreement or rights under this Agreement; or (vi) in\nconfidence, in connection with an actual or proposed merger,\nacquisition, or similar transaction.<\/p><p><strong>9<\/strong> <strong><u>MISCELLANEOUS<\/u><\/strong>.<\/p><p><strong>9.1<\/strong> <u>Notices<\/u>. All notices permitted or required under this\nAgreement shall be in writing and shall be delivered in person, by\nfacsimile, by electronic transmission confirmed received, by overnight\ncourier, or by certified or registered mail return receipt requested,\nand shall be deemed given upon personal delivery, upon receipt of\nelectronic transmission, upon confirmed receipt, or five (5) calendar\ndays after deposit in the mail.<\/p><p><strong>9.2<\/strong> <u>Force Majeure<\/u>. Neither party shall be liable hereunder by\nreason of any failure or delay in the performance of its obligations\nhereunder on account of strikes, shortages, riots, insurrection, fires,\nflood, storm, explosions, acts of God, war, terrorism, pandemics,\ngovernmental action, labor conditions, earthquakes, material shortages\nor any other cause which is beyond the reasonable control of such\nparty.<\/p><p><strong>9.3<\/strong> <u>Amendment<\/u>.<\/p><p><strong>9.3.1<\/strong> Comet may make changes to these Terms from time to time in its\nsole discretion. Each new version of these Terms will supersede all\nprior versions. You agree to regularly monitor the Site for notices\nregarding such changes.<\/p><p><strong>9.3.2<\/strong> It\u2019s important that you review the Terms whenever we modify them\nbecause continuing to use the Comet Platform, the Site, or any of our\nproducts or services after we have posted modified Terms indicates to us\nthat you agree to be bound by the modified Terms. If you don\u2019t agree to\nbe bound by the modified Terms, then please immediately discontinue use\nof the Comet Platform, the Site, or any of our products or services.\nBecause the Comet Platform and our products and services are evolving\nover time we may change or discontinue all or any part of the Comet\nPlatform, at any time and without notice to you, at our sole\ndiscretion.<\/p><p><strong>9.3.3<\/strong> Notwithstanding the foregoing, if you have any Order Form with an\nactive Order Form Term at the time of such changes to these Terms, these\nTerms shall apply unmodified until renewal of such Order Form Term\nwhereupon any updated terms and conditions shall apply; provided,\nhowever, that Comet may change these Terms with effect as of the date we\nnotify you of them if changes (i) add additional features to the Comet\nPlatform that do not materially adversely affect you, or (ii) are\nnecessary to comply with Laws or to prevent fraud or abuse, or for\nsecurity reasons (e.g., malware, spam, data breaches, or other\ncybersecurity risks).<\/p><p><strong>9.3.4<\/strong> No Order Form may be amended without the express written approval\nof each Party.<\/p><p><strong>9.4<\/strong> <u>Assignment<\/u>. This Agreement shall be binding on the parties\nhereto and their respective successors and assigns. You may not assign\nor transfer any rights or obligations under this Agreement without the\nadvance written consent of Comet (and Comet\u2019s consent shall be\nconditioned on a written agreement, wherein the party to which the\nrights are assigned accepts all the duties and obligations of the\nassignor hereunder. Except as provided in this Section 11.4, any\nattempts by Customer to assign any of its rights or delegate any of its\nduties hereunder without the prior written consent of the Comet shall be\nnull and void.<\/p><p><strong>9.5<\/strong> <u>No Third-Party Beneficiaries<\/u>. This Agreement is entered\ninto solely between, and may be enforced only by, Customer and Comet,\nand the Agreement shall not be deemed to create any rights in third\nparties, including Customers\u2019 customers, or to create any obligations of\na party to any such third parties.<\/p><p><strong>9.6<\/strong> <u>Waiver<\/u>. The waiver by either party of a breach of any\nprovisions contained herein shall be in writing and shall in no way be\nconstrued as a waiver of any succeeding breach of such provision or the\nwaiver of the provision itself.<\/p><p><strong>9.7<\/strong> <u>Severability<\/u>. In the event that any provision of this\nAgreement shall be unenforceable or invalid under any applicable Law or\nbe so held by applicable court decision, such unenforceability or\ninvalidity shall not render this Agreement unenforceable or invalid as a\nwhole, and, in such event, such provision shall be changed and\ninterpreted so as to best accomplish the objective of such provision\nwithin the limits of applicable Law or applicable court\ndecisions.<\/p><p><strong>9.8<\/strong> <u>Controlling Law &amp; Forum<\/u>. This Agreement, and all\nclaims or causes of action that may be based upon, arise out of or\nrelate to this Agreement, shall be governed by and construed in\naccordance with the Laws of the State of New York, and shall be subject\nto the exclusive jurisdiction of the courts located in New York County,\nNew York and the parties hereby submit to the personal jurisdiction and\nvenue of these courts.<\/p><p><strong>9.9<\/strong> <u>No Agency<\/u>. Nothing contained herein shall be construed as\ncreating any agency, partnership, employment relationship, franchise, or\nother form of joint enterprise between the parties, and the parties are\nacting as independent contractors in making and performing this\nAgreement.<\/p><p><strong>9.10<\/strong> <u>Headings<\/u>. The section headings appearing in this Agreement\nare inserted only as a matter of convenience and in no way define,\nlimit, construe or describe the scope or extent of such section or in\nany way affect such section.<\/p><p><strong>9.11<\/strong> <u>Entire Agreement<\/u>. This Agreement, together with the\nexhibits completely and exclusively states the agreement of the parties\nregarding its subject matter. It supersedes, and its terms govern, all\nprior proposals, agreements, or other communications between the\nparties, oral or written, regarding such subject matter.<\/p><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Questions &amp; contact information<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">If you have any questions regarding these Terms, please email us at <a href=\"mailto:support@comet.com.\">support@comet.com.<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Last Updated: June 5, 2026 Welcome to the Comet Platform Terms of Service (\u201cTerms\u201d). These Terms, together with any Order Form(s) you enter into in connection herewith, and all exhibits and attachments hereto and thereto, shall collectively be referred to herein as the \u201cAgreement\u201d. For the purposes of this Agreement, &#8220;you&#8221; or \u201cCustomer\u201d means you, [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"legal","meta":{"customer_name":"","customer_description":"","customer_industry":"","customer_technologies":"","customer_logo":"","footnotes":""},"coauthors":[126],"class_list":["post-569","page","type-page","status-publish","hentry"],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v25.9 (Yoast SEO v25.9) - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Terms of Service | Comet ML<\/title>\n<meta name=\"description\" content=\"The Terms of Service of Comet ML governs the services and products available through the website.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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