Website and FLUX Terms of Service

These Terms of Service (these "Terms") govern the access and uses of the website, www.blackforestlabs.ai or www.bfl.ai (the "Website(s)"), the Playground, including Dev Playground available at https://dashboard.bfl.ai/ ("Playground"), and our family of generative AI and foundation models with the prefix “FLUX” ("Flux models"), including Beta Offerings (defined below) offered to you, collectively referred to in these Terms as the "Services" operated on behalf of Black Forest Labs ("Company", "we" or "us"). If you access Flux models pursuant to a separate agreement or license, for example, the Developer Terms of Service, the terms of that contract, and applicable order form, govern your use of the Flux models for the listed, specific endpoint only.

For purposes of these Terms, "you" and "your" means you as the user of the Services. You must be 18 years of age or older to use the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

We hope you enjoy using our Services. However, if you have questions or concerns relating to the Services please contact support@blackforestlabs.ai. Please allow thirty (30) days to respond.

US Residents only: SECTION 11.2 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE COMPANY’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 11.2.

1. Using The Services

1.1. Access

(a) Subject to compliance with these Terms and applicable policies, you may access and use the Services. We may ask you to create an account (your “Account”), to provide certain information (such as your email address), and to create a password. You agree to provide correct, current, and complete information and allow us to use it to communicate with you about our Services. You agree to promptly update your account details or notify us if there are any changes to the information you have provided to us. Our communications to you using such information will satisfy any requirements for legal notices.

1.2. Input and Output (“Your Content”)

(a) As a part of the Services, you can submit text, image, video and audio prompts and other prompts, reference files or other input into or for the Services, including in connection with fine-tuning applicable Flux model(s) ("Input"), and the Services will use artificial intelligence tools and functionalities to generate new content based on your Input ("Output") or enable the Services to undertake tasks on your behalf, such as system interactions, intent interpretation, planning, research activities and visual grounding (“Tasks”), collectively “Your Content”. We claim no ownership rights in and to Your Content, and you may use Your Content in connection with the Services for your own purposes, subject to any restrictions set forth herein or under applicable law.

(b) You acknowledge that due to the nature of generative artificial intelligence tools, other users of the Services may create Output that is similar or the same as Your Content and you agree that such other users can use their own individually created Output as permitted by these Terms. For the avoidance of doubt, Outputs do not include any components of the Flux model(s), such as its weights or parameters, fine-tuned weights from Inputs or any other portions of the Services, including portions of the Services that may take Tasks.

(c) The FLUX models are assistive technologies. You are solely responsible for Your Content, including Tasks, and the subsequent uses in accordance with these Terms. You represent, warrant and covenant that you have obtained all rights, licences, consents, permissions, power and/or authority necessary to submit and use (and allow us to use) Your Content in connection with the Services, and such use will not breach any applicable law, contractual obligation or third party's right. Where you direct the Services to generate Output depicting, or take Tasks in connection with, real, identifiable individuals, whether based on Your Content, Tasks or otherwise, you represent and warrant that you have obtained that individual’s consent to the use of such Input, Output and to take such Tasks.

(d) You may not direct the Services to generate any Output or take any Tasks in violation of any applicable law or contractual restriction. You must not use the Services to upload, request, generate, or distribute non-consensual intimate imagery, to impersonate any person without authorization, or otherwise as described in our Usage Policy.We may restrict, remove, prevent or disable Your Content, or any part thereof, functionality, including Tasks, or your access to all or part of the Services if we determine that such Output or Tasks violates the Usage Policy or applicable law. If you believe we have removed Output or restricted your access to the Services in error, you may appeal by contacting us at legal@blackforestlabs.ai.

(e) You grant us a nonexclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual and, except as set out below, irrevocable license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify any Input, Output, or Tasks to provide, develop, train and improve our technologies, products and services, including the Services. Unless you are participating in a Beta Offering or a program with specific terms, in which case, those terms control, you may opt out of Company using your Input and Output to train our Flux models by contacting us at legal@blackforestlabs.ai., The license granted above with respect to future training use terminates prospectively, but continues to apply to (i) Your Content already used to train a model, (ii) Your Content retained for safety, security, or legal compliance purposes, and (iii) Your Content that you have submitted as Feedback. Depending on the Service or features, Your Content may be shared or visible to others, for example via Prompt Party or a shared functionality. We are not responsible for Your Content, or subsequent use of Your Content, shared via such functionality or feature.

(f) Inputs, Outputs and Tasks may contain content or information that is inconsistent with the Company’s views.

(g) We may access, use or disclose Your Content to the extent required by applicable law, regulation, or legal process and to the extent described in our Privacy Policy.

(h) In addition to these Terms, the Usage Policy, Intellectual Property Rights Policy and Privacy Policy govern your use of our Services, and are incorporated into these Terms by reference.

1.3. Restrictions On Your Use of the Services

You may not do any of the following in connection with your use of the Services:

(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, licence, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for Outputs or as otherwise expressly permitted in these Terms;

(b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;

(c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;

(d) use automation software (bots), hacks, modifications (mods) or any other unauthorised third-party software designed to modify the Services;

(e) except for your use of your Output or the Services as expressly permitted by these Terms or other terms between you and and us, exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;

(f) access or use the Services in any manner that exceeds any rate limits we implement or that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services;

(g) attempt to gain unauthorised access to, interfere with, damage or disrupt the Services, or the computer systems or networks connected to the Services;

(h) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;

(i) use any automated means, such as robots, spiders, crawlers, scrapers, or other automatic device, process, software or queries that intercepts, "mines," scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;

(j) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;

(k) use or submit, transmit, display, perform, post or store any content that violates our Usage Policy;

(l) engage in prohibited use under applicable law, or for political campaigning or lobbying purposes, or otherwise use the Flux model(s) in a manner that is harmful, fraudulent, inciting, organising, promoting or facilitating violence or criminal or harmful activities;

(m) create, use or distribute Output in a fraudulent or misleading way, including, for instance, by representing that the Output is entirely human-generated or that the Output depicts an actual photograph of a real event;

(n) use Output to train, distill or fine-tune any other AI models;

(o) violate any applicable law or regulation in connection with your access to or use of the Services;

(p) intentionally remove, disable, obscure, tamper, falsify circumvent any AI content marking or labelling or transparency metadata attached to Your Content, unless permitted by applicable law or otherwise; or

(q) access or use the Services in any way not expressly permitted by these Terms.

2. Our Policies

2.1. Privacy Policy

Our processing of your personal data is subject to the applicable data protection laws, particularly the GDPR. For transparency regarding our data processing practices, please refer to our Privacy Policy, which you can access at https://bfl.ai/legal/privacy-policy.

2.2. Usage Policy

Our Usage Policy, located at https://bfl.ai/legal/usage-policy, is incorporated by reference into these Terms and further describes your permitted uses of the Services.

3. Beta Offerings & Feedback

3.1. Beta Offerings

From time to time, we may, in our sole discretion, offer early and limited access to our Services, or include certain test or beta features or products in the Services ("Beta Offerings") as we may designate from time to time. Your use of any Beta Offering is voluntary. The Beta Offerings are provided on an "as is" basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Offering is at your sole risk. You agree that once you use a Beta Offering, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. If we provide you any Beta Offerings on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Offerings. For any such confidential Beta Offerings, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Offerings without our prior written consent.

3.2 Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company or if assignment is not permitted under applicable law, an irrevocable, royalty-free, worldwide license, to any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

4. IP Rights

The Services are owned, operated, and provided by us. We retain all rights, title, and interest, including intellectual property rights, in and to the Services. Other than the rights of access and use expressly granted in our Terms, our Terms do not grant you any right, title, or interest in or to our Services. We reserve all rights in the Services. You may only use our name and logo in accordance with our Brand Guidelines accessible https://bfl.ai/brand.

5. Third-Party Services and Materials

5.1. Third-Party Materials

Certain Services may display, include or make available content, data, information, services, applications or materials from third parties, or provide links to certain third-party websites ("Third-Party Materials"). Third-Party Materials include open source software or other third-party software, such as third-party large language models, that are included in the artificial intelligence and machine learning models you access or use through the Services. Third-Party Materials and any output generated by or through Third-Party Materials are subject to their own terms, and we are not responsible for them.

6. Paid Accounts and Service Credit

6.1. Fees and Payment

Some of our Services require payment. Fees for the Services are charged on a pay-per-use basis through the purchase of service credits, as further described at bfl.ai/pricing. You agree to pay the applicable fees in the currency and pursuant to the payment terms displayed at the time of purchase. You authorise us to charge the applicable fees using the payment method you provide.

6.2. Changes to Pricing

We may change our prices from time to time. Updated pricing for service credits will be posted at http://bfl.ai/pricing and will apply to any credits purchased after the update. If we offer auto-recharge, any price increase will take effect on your next top-up. You can cancel if you do not agree to the price increase.

6.3. Service Credits

You can pay for some Services in advance by purchasing service credits. All service credits are subject to any applicable service credit terms we may publish from time to time. Credits are non-transferrable and non-exchangeable.

6.4. Cancellation and Refunds

You can cancel any time simply by ceasing to use the Service or closing your account. For the avoidance of doubt, any service credits, including any remaining in your account at the time of closing your account are non-exchangeable or non-refundable.

6.5. Non-Payment

If your payment cannot be completed, we may downgrade your account, restrict your ability to purchase service credits, or suspend your access to the Services until payment is received.

7. How We Provide the Services

7.1. Continuation of Service

We continuously work to improve the Services and may change the Services or delete features or stop providing access to Third-Party Materials and Services in that respect at any time. We will notify you in advance if a change to the Services will cause you to lose access to Your Content. For paid Services, we'll also notify you in advance of other material changes to the Services.

7.2. Accuracy

Artificial intelligence and machine learning are rapidly evolving fields. We are continuously working to improve our Services. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. When you use our Services, you acknowledge and agree:

1. Outputs may not always be accurate and may contain material inaccuracies, errors or inconsistencies.
2. Tasks may not be error free or operate as you intended.
3. You should not rely on any Outputs or Tasks without independently confirming their accuracy.
4. The Services and any Outputs may not reflect correct, current, or complete world knowledge or information.

You should always evaluate the accuracy of any Output or Task as appropriate for your use case, including using human review where appropriate.

7.3. Content Moderation

We use both algorithmic and human interventions to detect and address content that may violate these Terms, including our Usage Policy. When we become aware of violative content, we may take enforcement action, including removing or restricting access to your content, removing or restricting your access to certain features, or suspending or terminating your account as described in Section 9 below. You may report content or safety concerns either in product, where available or by contacting us at legal@blackforestlabs.ai.

8. Warranties and Limitations of Liability

8.1. Warranty

8.2.1. If you are a consumer, you may have certain rights under the law. These rights include an obligation on us to provide the Services using reasonable care and skill. Nothing in these terms is intended to limit or exclude our liability for any breach by use of this and you shall benefit from the legal warranty of conformity and hidden defects under the law of the country to which we direct your Services.

8.2.2 SUBJECT TO THE WARRANTY ABOVE WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. WE DON’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN'T FAULT-FREE AND THAT OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE CAN'T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS AND VENDORS GIVE NO CONTRACTUAL GUARANTEES OR CONDITIONS. YOU HAVE ALL MANDATORY WARRANTIES FORESEEN BY LAW, BUT WE GRANT NO OTHER WARRANTIES. WE EXCLUDE ANY IMPLIED MANDATORY WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8.3. Limitations of Liability

8.3.1. We shall not be liable for Your Content, material or other Third Party Material, including links to third-party websites and activities provided by users. Such content and activities are neither attributable to us nor do they represent our opinion.

8.3.2. We shall only be liable if we fail to provide the Services in accordance with the standard of professional diligence required by applicable law.

8.3.3. Neither we, our agents and/or our legal representatives shall be liable for any indirect damage, including financial loss, such as loss of profit, unless we or they have acted with gross negligence or willful misconduct.

8.3.4. We are not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond our reasonable control (such as labour disputes, acts of God, war, terrorist activity, malicious damage, accidents or compliance with any applicable law or government order).

8.4. Statutory Rights

You have certain statutory rights that cannot be limited or excluded by contract. These Terms are in no way intended to affect or restrict your statutory rights under applicable law.

9. Termination and Suspension

9.1. Your Right to Terminate

You are free to stop using the Services at any time. You may close your account by contacting us at legal@blackforestlabs.ai.

9.2. Our Rights

We may take action to restrict, suspend or terminate your access to our Services or close your account if we determine, acting reasonably and objectively:

(a) You have materially breached these Terms, including our payment terms or Usage Policy;

(b) We must do so to comply with applicable laws or a binding order of a court or governmental body;

(c) Your use of our Services could cause risk or harm to us, our affiliates, users, or third party;

(d) This is required to maintain the security and integrity of the Services;

(e) Your Content infringes another party's rights or violates any applicable law; or

(f) Your account has been inactive for a period of 12 months.

9.3. Notice

If we terminate your account, we will make reasonable efforts to notify you in advance so you can export your Content or data from the Services, unless it is not appropriate for us to do so, we reasonably believe that continued access to your account will cause damage to Company or anyone else, or we cannot do so for legal reasons.

10. Changes to These Terms or Our Services

10.1. Reasons for Changes

We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:

(a) Changes to the law or regulatory requirements;

(b) Security or safety reasons;

(c) Circumstances beyond our reasonable control;

(d) Changes we make in the usual course of developing our Services;

(e) To adapt to new technologies or to offer new or enhanced offerings.

10.2. Notification

We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are materially adverse to you, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a notice on our Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.at materially adversely impact you.

10.3. Consent

If you do not agree to the changes, you must stop using the Services.

11. Dispute Resolution and Governing Law

11.1. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 11.2, or if arbitration does not apply, then the state and federal courts located in Delaware.

11.2. Arbitration and Class Action Waiver

1. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
2. Informal Process First. You and the Company agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party thirty (30) days in which to respond. Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
3. Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Company’s services and/or products, including the Services, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (including the JAMS Mass Arbitration Procedures and Guidelines, if applicable) (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with the Company, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and Class Actions (as defined below) are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a Class Action or class arbitration.
4. Exceptions. Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction:
   1. Claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;
   2. Claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
   3. intellectual property Claims.
5. Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, the Company will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below). Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your Claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by the Company before the arbitrator was appointed, the Company will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
6. Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to legal@blackforestlabs.ai. The notice must be sent to the Company within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise, you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt-out of only the arbitration provisions, and not also the Class Action waiver, the Class Action waiver still applies. You may not opt-out of only the Class Action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
7. WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AND THE COMPANY AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND THE COMPANY EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND THE COMPANY AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEE PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH THE EXCEPTIONS CLAUSE ABOVE. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.

12. General Provisions

12.1. Export Laws

You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by us hereunder, to any country for which applicable export control and trade sanctions laws require any export licence or other governmental approval at the time of export without first obtaining such licence or approval. By using the Services, you represent and warrant that you are not located in any embargoed country or on any applicable restricted parties list. You are responsible for and hereby agree to comply at your sole expense with all applicable export laws and regulations.

12.2. Severability

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

12.3. Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior express written consent. We may assign or transfer our rights or obligations under these Terms to any affiliate or subsidiary or any successor in interest of any business associated with our Services. If we do, any rights you have as a consumer will not be affected.

12.4. No Waiver

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

12.5. Entire Agreement

These Terms, together with the Privacy Policy, Usage Policy, and Intellectual Property Policy, constitute the entire agreement between you and us with respect to the Services and supersede all prior agreements, communications, and understandings.

12.6. Contact

For Services support please contact support@blackforestlabs.ai. Questions regarding these Terms should be directed to legal@blackforestlabs.ai.