Terms of Use

1. Agreement

These Terms of Use (“Terms”) govern your use of the Open Gen Studio website and the Open Gen Studio desktop application (together, the “Services”), operated by Jamie Fairweather (“I”, “me”, or “the developer”). By downloading, installing, or using the software, or by using this website, you agree to these Terms.

If you do not agree, do not use the Services.

2. Software license (Elastic License 2.0)

Open Gen Studio software is copyright © Jamie Fairweather and is provided under the Elastic License 2.0 (“ELv2”). By using the software, you agree to all terms of that license. The full license text controls if anything on this page conflicts with it.

In plain language, ELv2 allows you to:

• Use, copy, and modify the software for your own purposes
• Distribute the software and derivatives, subject to ELv2’s conditions (including providing these license terms with copies you distribute, and marking modified copies)

The most important limitation for this product: you may not provide the software to third parties as a hosted or managed service that gives users access to a substantial set of its features or functionality. Local use on your own machines is fine; offering Open Gen Studio (or a substantial fork of it) to others as a cloud/hosted studio is not.

You also may not remove or obscure copyright, licensing, or other notices in the software, and you may not circumvent any license-key functionality if present. Trademark use is subject to applicable law. See the official Elastic License 2.0 for patents, termination, notices, and other terms.

3. What the product is

Open Gen Studio is a local desktop application for AI image generation. It can install and supervise a local runtime (currently ComfyUI), download models and assets you choose, and help you generate images on your own hardware. The App does not perform cloud inference on my servers as part of its core generation path.

Features, Blueprints, supported models, and system requirements may change over time. Early versions may be incomplete or experimental.

4. Eligibility

You must be old enough to form a binding contract in your jurisdiction, and at least 13 years old (or the higher minimum digital-consent age where you live, if greater than 13). If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.

5. Your responsibilities

• You are responsible for how you use the App, including prompts, models, extensions, and images you create, import, or download.
• You must comply with applicable law and with the terms and licenses of any third-party services or model hosts you use (for example Hugging Face, CivitAI, GitHub, ComfyUI, or individual model licenses).
• You are responsible for your hardware, GPU drivers, disk space, power, and network usage when installing large runtimes or models.
• You must not use the Services to infringe others’ rights or to violate the Elastic License 2.0.
• You are responsible for safeguarding any API tokens or credentials you store in the App.

6. Acceptable use

You must not use the Services to:

• Create, store, share, or seek child sexual abuse material, or any other illegal sexual content involving minors
• Engage in activity that is illegal under applicable law (including fraud, malware distribution, or unlawful harassment)
• Infringe intellectual property, privacy, or other rights of others
• Attempt to disrupt, abuse, or overload third-party services you access through the App in violation of their terms
• Misrepresent the software’s license, remove required notices, or offer the software as a prohibited hosted/managed service under ELv2

I may refuse support, stop distributing builds to you, or take other appropriate action if I reasonably believe you are misusing the Services. Because the App is local software, I cannot remotely police content on your device.

7. Third-party components and content

The App may download or use third-party software, models, extensions, websites, and APIs. Those materials are provided by their respective owners and may have separate licenses and privacy practices. I do not control third-party services and am not responsible for their availability, accuracy, safety, content, or policies.

Outputs you generate depend on models and inputs you choose. I do not guarantee that outputs will be unique, accurate, or free of third-party claims.

8. Website

This marketing website is provided for information and distribution links. It may change without notice. Content on the site does not expand the software license beyond ELv2 unless expressly stated in writing.

9. No warranty

As far as the law allows, the software and website are provided as is, without any warranty or condition. I do not warrant that the Services will be uninterrupted, error-free, secure, or fit for a particular purpose. You use them at your own risk, including risk of data loss, failed installs, driver issues, or hardware stress from local GPU workloads.

10. Limitation of liability

As far as the law allows, I will not be liable to you for any damages arising out of these Terms or the use or nature of the software or website, under any kind of legal claim. This includes, without limitation, lost data, failed generations, hardware issues, third-party service outages, or model/license disputes.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. If you are a consumer, you may have statutory rights that these Terms do not affect.

11. Privacy

How the App and Site handle information is described in the Privacy Policy.

12. Termination

You may stop using the Services at any time by uninstalling the App and ceasing use of the Site. Your license under ELv2 ends if you violate that license (subject to any cure rights in ELv2). I may stop offering the Site or distributing particular builds at any time.

13. Governing law

These Terms are governed by the laws of England and Wales, without regard to conflict-of-law rules. The courts of England and Wales have exclusive jurisdiction, except that if you are a consumer you may also bring proceedings in your local courts where mandatory consumer law gives you that right.

14. Changes

I may update these Terms by posting a revised version on this page with a new effective date. For the software itself, the Elastic License 2.0 terms distributed with the software continue to apply unless a later distribution updates them. If you do not agree to updated Terms, stop using the Services.

15. Contact

Questions about these Terms: open a GitHub issue at https://github.com/Jamie-Fairweather/open-gen-studio/issues and mark it as a legal/terms request so I can follow up privately if needed. Do not post secrets or sensitive personal data in public issues.

Operator: Jamie Fairweather