Early Access Program — Terms & Conditions

1. Program overview & access

These Early Access Program Terms (“EAP Terms”) govern your participation in Black Forest Labs (“BFL,” “we,” “us,” or “our”) Early Access Program (the “Program”), through which BFL provides selected customers with pre-release access to new or unreleased FLUX model versions, features, or capabilities (“Early Access Models”) prior to their general commercial availability.

Access is provided on a limited, non-exclusive, and revocable basis solely for the purposes described in this invitation. Access, while not guaranteed, may be granted in batches to manage compute capacity and to ensure our models remain performant. Access to Early Access Models may be provided through Slack, dedicated API credentials, endpoints, or environments. You are required to have a valid, active account on Slack. You must keep all such credentials confidential, restrict access to personnel with a legitimate need, and notify BFL promptly upon learning of any unauthorized access or use. You are responsible for all activity occurring under your Program credentials. By participating in the Program, you agree and consent to BFL, and its affiliates, sending you communications in connection with the Program, Early Access Models, our products, services and offerings.

2. No Production Use

Unless BFL expressly agrees otherwise in writing, Early Access Models are made available for evaluation, testing, and development purposes only and must not be used in production environments, in any application made available to end users at scale, or in any context where the unavailability, instability, or unexpected behavior of the Early Access Model could cause material harm to you, BFL, or any third party. You are solely responsible for ensuring that your internal teams understand and comply with this restriction.

3. Confidentiality

Participation in this Program is subject to, and conditional upon, the terms of the applicable Non-Disclosure Agreement (“NDA”) in effect between you or your organisation and Black Forest Labs. All non-public information disclosed to you in connection with the Program - including but not limited to model capabilities, product or business roadmap details, API specifications, performance benchmarks, pricing, and any feedback or output generated - constitutes Confidential Information under the NDA and must be treated accordingly.

You must not post, publish, or otherwise publicly disclose any Confidential Information, including images or outputs generated using pre-release features or models unless and until BFL authorises you. Any social media posts featuring Program outputs must comply with any accompanying guidance regarding postings, disclosures and branding.

4. Use of Inputs and Outputs

“Input” means any text, image, video, audio, or other content you submit to an Early Access Model. “Output” means any content generated by an Early Access Model in response to an Input. In consideration of your access to Early Access Models:

1. BFL, its affiliates, and its service providers may access, store, process, and use your Inputs and the resulting Outputs submitted to or generated by Early Access Models for the purposes of: (i) operating, maintaining, and providing the Program; (ii) monitoring for and enforcing the Usage Policy and these EAP Terms; (iii) diagnosing technical issues and improving the reliability and safety of Early Access Models; and (iv) training, fine-tuning, evaluating, and otherwise improving BFL’s models and related technology, including Early Access Models and BFL’s broader model portfolio;
2. the rights described in paragraph (a) apply specifically to Inputs and Outputs generated through your use of Early Access Models under the Program, and are granted in addition to, and do not alter, any separate rights BFL may have under the Agreement with respect to your use of BFL’s generally available services;
3. where you do not wish for specific Inputs to be used for training purposes under paragraph (a)(iv), you must avoid submitting such Inputs to Early Access Models; and
4. Your Inputs and Outputs may be displayed and shared to other participants in the Program, for example, in a showcase or prompt party mode.

You represent and warrant that you have all necessary rights, consents, and permissions to submit your Inputs to Early Access Models and to grant BFL the rights to process the Inputs and Outputs. You must not submit Inputs containing special category personal data (as defined under the GDPR) or sensitive personal information of third parties unless you have obtained valid, specific consent or another applicable legal basis covering BFL’s processing for the purposes described.

Notwithstanding anything in this section, as between you and BFL, and subject to your compliance with and the terms of the Agreement, these EAP Terms, and the Usage Policy, you retain the rights in and are responsible for Outputs.

5. Feedback

As a Program participant, you agree to provide timely, good-faith feedback on your experience with the Program features. This may include structured input via designated surveys, focus groups, or scheduled check-ins or informal feedback; prompt reporting of bugs or unexpected behaviours; qualitative input on product direction where solicited; and any additional feedback cadence agreed in writing. You hereby grant Black Forest Labs a perpetual, irrevocable, royalty-free licence to use and incorporate any feedback provided in connection with the Program, without obligation of attribution or compensation.

6. Promotion opportunity

Active Program participants may be considered for co-marketing and public promotion opportunities as mutually agreed. This may include, subject to separate written agreement: case study publication, joint press activity, preferred partner designation, or early access to generally available product tiers at preferential terms. Eligibility is assessed on the basis of engagement quality, feedback contribution, and alignment with Black Forest Labs' go-to-market objectives. Promotion is not guaranteed and does not form part of the Program entitlement.

7. No warranty & limitation of liability

Early Access Models are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including without limitation any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or availability. Early Access Models may produce inaccurate, unsafe, low-quality, or otherwise unexpected Output, may be unstable, and may change or be withdrawn without notice. Your use of any Early Access Model is entirely at your own risk.

8. Term & termination

The Program will remain in effect until the earlier of: (i) general availability of the applicable product or feature; (ii) written notice of termination from either party; or (iii) expiry of any period specified in your invitation. Upon termination, you must promptly cease use of all Program credentials and, at Black Forest Labs' request, return or destroy any Program materials. Sections 2 (No Production Use), 3 (Confidentiality), 4 (Input and Output Use), 5 (Feedback), and 7 (No Warranty) survive termination.

These terms are supplemental to and governed by the applicable NDA and any existing commercial agreement between your organisation and Black Forest Labs. In the event of conflict, the NDA shall take precedence. By activating your Program access, you confirm that you are authorised to bind your organisation to these terms.