# Black Forest Labs > Black Forest Labs (BFL) builds FLUX: frontier models that generate and edit images, generate video with synchronized audio, and predict actions for robots, simulators and games. FLUX is available through the BFL API, the FLUX MCP server, the Playground, and open weights. This file is a briefing for AI agents, followed by an index of bfl.ai. - Full text of model pages and legal terms, plus blog summaries: https://bfl.ai/llms-full.txt - API documentation index: https://docs.bfl.ai/llms.txt - API documentation full text: https://docs.bfl.ai/llms-full.txt ## Acting for a user: connect the MCP server If you are working for a user inside an MCP-compatible client, connect the FLUX MCP server rather than writing API code. - Server URL: https://mcp.bfl.ai (remote, HTTP transport) - Auth: OAuth with the user's BFL account. A browser opens on first use; the user signs in and picks the organization that gets billed. There is no API key to create, paste or store. - Let the user complete the OAuth sign-in themselves. Do not complete it through an embedded or automated browser, and never ask the user for an API key to use the MCP server. - Tools include generate_image, generate_variations, vto (virtual try-on), generate_video, enhance_video, get_result, get_history and get_credits. The live tool reference is at https://docs.bfl.ai/api_integration/mcp_integration. - generate_video returns a `request_id` immediately and the clip takes minutes. If your client does not keep polling on its own, call get_result with that `request_id` to retrieve the finished video. - Verify the connection by calling get_credits. - Claude Code: `claude mcp add --transport http FLUX https://mcp.bfl.ai` - Codex: `codex mcp add FLUX --url https://mcp.bfl.ai` - Clients without remote MCP or OAuth support: run `npx -y mcp-remote https://mcp.bfl.ai` as a stdio server. - Setup for every client (Claude, Cursor, VS Code, Devin and others): https://docs.bfl.ai/api_integration/mcp_integration ## Writing code: the BFL API - Base URL: https://api.bfl.ai (global, with automatic failover). Regional: https://api.eu.bfl.ai (EU only) and https://api.us.bfl.ai (US only). - Auth: send the API key in the `x-key` header. Keys belong to a project, are created at https://dashboard.bfl.ai and are shown once. Keep them server-side and out of client code. - Requests are asynchronous. A POST returns an `id` and a `polling_url`. Poll the `polling_url` you were given, not a URL you build yourself, until `status` is `Ready`. Webhooks are also supported. - Result URLs (`result.sample`) expire after 10 minutes and do not send CORS headers. Download results and serve them from your own storage. - OpenAPI spec: https://api.bfl.ai/openapi.json - Quick start: https://docs.bfl.ai/quick_start/get_started - Integration guide: https://docs.bfl.ai/api_integration/integration_guidelines - Errors: https://docs.bfl.ai/api_integration/errors - Agent skills for coding agents (prompting and API patterns): https://github.com/black-forest-labs/skills ## Model IDs: do not trust memory Do not use a FLUX model name, endpoint path or parameter remembered from training data. BFL releases new models often and older endpoints are superseded. Read the current endpoint list from https://api.bfl.ai/openapi.json or https://docs.bfl.ai/llms.txt before writing a request. - FLUX 3 is the current video model family, with native audio. - FLUX.2 ([max], [pro], [flex], [klein]) is the current image family. - FLUX.1 and FLUX1.1 models, including FLUX.1 Kontext, are the previous generation. Do not recommend them for new projects. ## Credits and pricing - For current pricing, visit https://bfl.ai/pricing. Do not quote a price from memory. - Usage is paid for with credits. Credits belong to an organization and are shared by all of its projects. They are bought at https://dashboard.bfl.ai under API > Credits. - MCP usage is billed to the organization the user picks during OAuth sign-in. - Terms for self-hosting open weights commercially: https://bfl.ai/licensing ## Notes for agents: which site answers what - bfl.ai: company, models, pricing, licensing, enterprise, blog, research and legal terms. - docs.bfl.ai: API reference, endpoint parameters, per-endpoint pricing, MCP setup and prompting guides. docs.bfl.ml serves the same documentation. - api.bfl.ai: the API itself, not a website. OpenAPI spec at https://api.bfl.ai/openapi.json. - mcp.bfl.ai: the MCP server endpoint, not a website. - dashboard.bfl.ai: sign-in required. Organizations, projects, API keys, credits, usage, and the Playground at https://dashboard.bfl.ai/playground. - help.bfl.ai: knowledge base for account and billing questions. - status.bfl.ai: service status. - Sales, enterprise deployments and licensing: https://bfl.ai/contact ## Pages - [About](https://bfl.ai/about): Black Forest Labs is a frontier AI lab building state-of-the-art generative AI models. We created FLUX, the leading image generation model. - [Blog](https://bfl.ai/blog): News, research, and product updates from Black Forest Labs — the team building FLUX and visual intelligence. - [Brand Guidelines and Press Kit](https://bfl.ai/brand): Black Forest Labs brand guidelines and press kit: logotype, symbol, clear space, what to avoid and partnership lockups. - [Careers](https://bfl.ai/careers): Join Black Forest Labs and help build the future of generative AI. We're hiring engineers, researchers, and more to work on FLUX and beyond. - [Contact](https://bfl.ai/contact): Contact Black Forest Labs sales about enterprise deployments, self-hosted licensing and data licensing for FLUX models. - [Creator Program](https://bfl.ai/creator-program): A curated group of creators with exclusive early access to FLUX models and the team building them. - [Enterprise](https://bfl.ai/enterprise): Powerful, controllable visual AI with the deployment flexibility, data sovereignty, and compliance enterprises demand. - [Open Weights Licensing](https://bfl.ai/licensing): The frontier image model you can customize and self-host with clear commercial terms and IP protection. - [Martin Scorsese × Black Forest Labs](https://bfl.ai/martin-scorsese-bfl-advisor): Martin Scorsese has spent six decades bringing stories to life. Now, he's helping us shape visual intelligence as an advisor at Black Forest Labs. - [Models](https://bfl.ai/models): Explore all FLUX models from Black Forest Labs: FLUX 3 Video, FLUX 3 Action, FLUX.2 [max], [pro], [flex] and [klein], and FLUX Tools. - [FLUX 3 Action: A 7B World Action Model for Robot Control](https://bfl.ai/models/flux-3-action): 7B open weights world action model. Turn FLUX’s visual intelligence into action for your robot, simulator, or game. - [FLUX 3 Image: Maximum control over every pixel](https://bfl.ai/models/flux-3-image): Place every element on a canvas and edit a finished image one box at a time. Everything you didn’t touch stays exactly where it was. - [FLUX 3 - One Multi-Modal Model](https://bfl.ai/models/flux-3-video): FLUX 3 by Black Forest Labs — one multi-modal model for Image, Video, Audio and Action-Prediction. Creations truer to life in every kind of style. - [FLUX Playground Transition FAQ](https://bfl.ai/playground-transition-faq): Everything you need to know about the retirement of the FLUX Playground and the move to the new Dev Playground. - [Pricing](https://bfl.ai/pricing): FLUX API pricing. Pay-as-you-go credits for FLUX 3 video and image, FLUX.2 image models and FLUX Tools, plus self-hosted licensing for open weights. - [Research](https://bfl.ai/research): Research papers and technical reports from Black Forest Labs. Deep dives into FLUX architecture, latent space analysis, and generative AI advances. - [FLUX.2: Analyzing and Enhancing the Latent Space of FLUX – Representation Comparison](https://bfl.ai/research/representation-comparison): A comprehensive study comparing different autoencoder representations for diffusion models, including SD-VAE, RAE, FLUX.1 and FLUX.2. - [Self-Supervised Flow Matching for Scalable Multi-Modal Synthesis](https://bfl.ai/research/self-flow): A modality-agnostic, self-supervised flow matching framework for image, video, and audio generation. - [Transparency Hub](https://bfl.ai/transparency): Black Forest Labs' transparency disclosures: California AB 2013 training data disclosure, EU AI Act GPAI model documentation, and training data summaries. - [FLUX Video Edit: Prompt-Based Video-to-Video Editing API](https://bfl.ai/video-edit): Edit an existing video with a text prompt. Remove, add or replace objects, change the setting, restyle, or translate dialogue with lip sync. - [FLUX Video Upscale: AI Video Upscaler to 1080p, 2K and 4K](https://bfl.ai/video-upscaler): Upscale videos to 1080p, 2K, or 4K via API. FLUX 3 powered super-resolution with a precise mode and a creative detail-enhancement mode. ## Models ### FLUX Tools https://bfl.ai/models/flux-tools Master your image workflow with these task specific APIs. #### Test ### FLUX 3 Action https://bfl.ai/models/flux-3-action 7B open weights world action model. Turn FLUX’s visual intelligence into action for your robot, simulator, or game. ### FLUX 3 Image https://bfl.ai/models/flux-3-image Place every element on a canvas and edit a finished image one box at a time. Everything you didn’t touch stays exactly where it was. ### FLUX 3 Video https://bfl.ai/models/flux-3-video Stylistically diverse beyond just cinematic, with native audio and up to 20 second clips in a single generation. Start from text, an image, or keyframes, and get multiple shots in one take. ## Blog ### Introducing FLUX 3 Action https://bfl.ai/models/flux-3-action · Published 2026-09-23 An open weights 7B World Action Model that achieves first place on the RoboLab benchmark. ### FLUX Video Upscale: 2K and 4K https://bfl.ai/blog/flux-video-upscale · Published 2026-08-20 FLUX Upscale takes any video and regenerates it at a higher resolution, up to native 4K, now available as its own FLUX Tool and endpoint. ### FLUX 3 Video, Part 1: Generation https://bfl.ai/blog/flux-3-video · Published 2026-08-04 FLUX 3 Video, Part 1 ### FLUX 3 - Real World Models: Towards Multimodal Flow Models as the Backbone of Visual Intelligence. https://bfl.ai/blog/flux-3 · Published 2026-07-23 FLUX 3, our new multimodal frontier model, jointly learns from images, video, and audio to build one representation of the world. Now available in Early Access. ### FLUX 3 x mimic: The Next Generation of Video-Action Models https://bfl.ai/blog/flux-3-mimic · Published 2026-07-23 FLUX 3 is running robots. Built with mimic and deployed at Audi, FLUX-mimic shows content creation and physical AI share one foundation: a model that understands the world. ### Our co-founder and CEO urges G7 leaders to back open innovation https://bfl.ai/blog/our-co-founder-and-ceo-urges-g7-leaders-to-back-open-innovation · Published 2026-06-18 At the G7, our co-founder and CEO, Robin Rombach, joined President Trump, President von der Leyen, President Macron, and other world leaders to advocate for open innovation in AI. With openness under pressure around the world, Robin called on governments and industry to make open and responsible AI development the norm, not the exception. Read his speech below. ### How Envato Built Its Creative AI Engine on FLUX https://bfl.ai/blog/how-envato-built-its-creative-ai-engine-on-flux · Published 2026-06-17 How one of the world's largest creative platforms turned a careful evaluation into core infrastructure: 51 million+ images, three creative workflows, and a FLUX.2 launch on day zero. ### FLUX.2 is now on device: ASUS ProArt laptops now support Klein models https://bfl.ai/blog/flux2-klein-on-device · Published 2026-06-04 For the first time a FLUX model will ship on consumer hardware. In partnership with ASUS and NVIDIA, creators picking up a new ASUS ProArt laptop will find FLUX.2 [klein] optimized for the device. ### Martin Scorsese is an advisor to Black Forest Labs https://bfl.ai/martin-scorsese-bfl-advisor · Published 2026-06-03 Martin Scorsese has spent six decades bringing stories to life. Now, he’s helping us shape visual intelligence as an advisor. ### FLUX VTO: Virtual Try-On at scale https://bfl.ai/blog/flux-vto-virtual-try-on-at-catalog-scale · Published 2026-05-28 FLUX Virtual Try-On allows users to seem themselves in outfits before they buy with high accuracy and garment consistency. Gives you sub‑4 second generations across thousands of products at low cost and low latency. ### FLUX Erase: Remove anything, leave no trace https://bfl.ai/blog/flux-erase-remove-anything-leave-no-trace · Published 2026-05-21 FLUX Erase removes whatever you mask — object, shadow, reflection, and all — and reconstructs the scene behind it without touching the rest of the image. ### FLUX Outpainting: Extend any image, in any direction https://bfl.ai/blog/outpainting-extend-any-image-in-any-direction · Published 2026-05-14 FLUX Outpainting extends images beyond their original frame in any direction, preserving lighting, texture, and composition without visible seams. ### How Our Forward Deployed Engineers Work with Customers https://bfl.ai/blog/how-we-get-the-most-out-of-our-models-for-our-partners · Published 2026-05-07 Our engineers help partners turn FLUX into real systems: prompts, pipelines, fine-tunes, and infra tuned for real-world use cases. ### Capable, Open, and Safe: Combating AI Misuse https://bfl.ai/blog/capable-open-and-safe-combating-ai-misuse · Published 2026-02-24 Today, Black Forest Labs’ FLUX models are among the most popular AI models for visual generation. We are excited to share early results that help validate our efforts to mitigate emerging risks. ### FLUX.2 [klein]: Towards Interactive Visual Intelligence https://bfl.ai/blog/flux2-klein-towards-interactive-visual-intelligence · Published 2026-01-15 Introducing FLUX.2 [klein], our fastest image models. Unified generation and editing in under a second, on hardware you already own. Apache 2.0 on 4B. ### Laying the Foundations for Visual Intelligence—Our $300M Series B https://bfl.ai/blog/our-300m-series-b · Published 2025-12-01 Today, we're excited to announce our Series B of $300M at a $3.25B post-money valuation. ### FLUX.2: Frontier Visual Intelligence https://bfl.ai/blog/flux-2 · Published 2025-11-25 Today, we release FLUX.2, our most capable model to date. ### FLUX.1 Kontext now in Adobe Photoshop: Powering Every Pixel https://bfl.ai/blog/flux1-kontext-now-in-adobe-photoshop-powering-every-pixel · Published 2025-09-25 By pairing Photoshop’s professional editing environment with FLUX.1 Kontext [Pro]’s accuracy and unmatched speed, creators everywhere gain the freedom to push imagination further. ### OpenArt transforms video storytelling with FLUX.1 Kontext: Making video creation accessible beyond traditional creators https://bfl.ai/blog/openart-with-flux1-kontext · Published 2025-08-22 OpenArt transformed video storytelling with FLUX.1 Kontext integration, enabling creators who couldn't access video production before to create professional-quality content. ### Burda transforms Comic Creation with Black Forest Labs' FLUX.1 Models https://bfl.ai/blog/burda-lissipony-universe · Published 2025-08-06 Burda - a major publisher in the DACH region - transformed their comic creation process for the LissyPony series, one of the most recognized children’s magazines in central Europe. ### FLUX Models Launch on Azure AI Foundry for Enterprise-Ready Image Generation https://bfl.ai/blog/flux-azure-ai-foundry · Published 2025-08-05 Starting today, Black Forest Labs’ flagship models are available directly from Microsoft on Azure AI Foundry. ### FLUX.1 Krea [dev]: An ‘Opinionated’ Text-to-Image Model https://bfl.ai/blog/flux-1-krea-dev · Published 2025-07-31 The BFL model garden just got an exciting update: We are proud to release FLUX.1 Krea [dev], developed in collaboration with Krea AI. ### FLUX.1 Kontext [dev] - Open Weights for Image Editing https://bfl.ai/blog/flux-1-kontext-dev · Published 2025-06-26 Up until today, all capable generative image editing models were only available as proprietary tools. ### Introducing FLUX.1 Kontext and the BFL Playground https://bfl.ai/blog/flux-1-kontext · Published 2025-05-29 Today, we are excited to release FLUX.1 Kontext, a suite of generative flow matching models that allows you to generate and edit images. ### Announcing the FLUX Pro Finetuning API https://bfl.ai/blog/25-01-16-finetuning · Published 2025-01-16 Black Forest Labs is excited to announce the launch of the FLUX Pro Finetuning API, bringing unprecedented customization capabilities to our flagship FLUX Pro model line. ### Bringing Lightning-Fast FLUX Performance to More Creators in Collaboration with NVIDIA https://bfl.ai/blog/25-01-03-nvidia · Published 2025-01-02 Our new collaboration with NVIDIA marks a significant leap forward in making our FLUX models more universally accessible and efficient. ### Introducing FLUX1.1 [pro] Ultra and Raw Modes https://bfl.ai/blog/24-11-06-ultra · Published 2024-11-06 Today, we are adding new high-resolution capabilities to FLUX1.1 [pro], extending its functionality to support 4x higher image resolutions (up to 4MP) while maintaining an impressive generation time of only 10 seconds per sample. ### Introducing FLUX.1 Tools https://bfl.ai/blog/24-11-21-tools · Published 2024-11-01 Today, we are excited to release FLUX.1 Tools, a suite of models designed to add control and steerability to our base text-to-image model FLUX.1 ### Announcing FLUX1.1 [pro] and the BFL API https://bfl.ai/blog/24-10-02-flux · Published 2024-10-02 Today, we release FLUX1.1 [pro], our most advanced and efficient model yet, alongside the general availability of the beta BFL API. This release marks a significant step forward in our mission to empower creators, developers, and enterprises with scalable, state-of-the-art generative technology. ### Announcing Black Forest Labs https://bfl.ai/blog/24-08-01-bfl · Published 2024-08-01 Today, we are excited to announce the launch of Black Forest Labs. ## Legal ### Black Forest Labs Privacy Policy https://bfl.ai/legal/privacy-policy · Updated 2026-08-01 *We’ve updated our Privacy Policy below. 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We may also disclose your information as needed to comply with applicable law or any obligations thereunder or to cooperate with law enforcement, judicial orders, and regulatory inquiries, to enforce any applicable terms of service or policies, and to ensure the safety and security of our Services, business, employees, and users. ##### 5. THIRD PARTY WEBSITES AND LINKS We may provide links to third-party websites or platforms. If you follow links to sites or platforms that we do not control and are not affiliated with us, you should review the applicable privacy notice, policies and other terms. We are not responsible for the privacy or security of, or information found on, these sites or platforms. Information you provide on public or semi-public venues, such as third-party social networking platforms, may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators. ##### 6. CHILDREN’S PRIVACY Our Services are not directed towards, and we do not knowingly collect, use, disclose, sell, or share any information from children under the age of 18 (“Minors”). If you are the parent or guardian of a Minor who has provided us with their personal information, you may notify us via email ([privacy@blackforestlabs.ai](mailto:privacy@blackforestlabs.ai)) to request appropriate action. ##### 7. DATA SECURITY AND RETENTION Despite our reasonable efforts to protect your information, no security measures are impenetrable, and we cannot guarantee “perfect security.” Any information you send to us electronically, while using the Services or otherwise interacting with us, may not be secure while in transit. We recommend that you do not use unsecure channels to send us sensitive or confidential information. We retain your information for as long as is reasonably necessary to provide our Service to you, or for other legitimate business purposes such as resolving disputes, safety and security reasons, or complying with our legal obligations.. When determining the length of time to retain your information, we consider various criteria, including whether we need the information to continue to provide you the Services, communicate with you, comply with our legal obligations, resolve a dispute, enforce our contractual agreements, prevent harm, promote safety, security and integrity, or protect ourselves, including our rights, property or products. ##### 8. YOUR RIGHTS You may have certain rights in relation to your information, to the extent provided by applicable law: - **Access**: You have the right to access information we hold about you, how we use it, and who we share it with. - **Portability**: You have the right to receive a copy of the information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions. - **Correction**: You have the right to correct any of your information we hold that is inaccurate. - **Erasure**: In certain circumstances, you have the right to delete the information we hold about you. - **Restriction of processing to storage only**: You have the right to require us to stop processing the information we hold about you, other than for storage purposes, in certain circumstances. - **Objection to marketing**: You can object to marketing at any time by opting-out using the function described in our communications to you or by contacting us at [privacy@blackforestlabs.ai](mailto:privacy@blackforestlabs.ai). - **Withdrawal of consent**: Where we rely on consent to process your information, you have the right to withdraw this consent at any time by contacting us. Please note that a number of these rights only apply in certain circumstances, and all of these rights may be limited by law. For example, where fulfilling your request would adversely affect other individuals or our trade secrets or intellectual property, where there are overriding public interests or where we are required by law to retain your information. To exercise any of these rights, you can contact us as specified in the ‘How to Contact Us’ section. We will respond to requests to exercise these rights without undue delay and at least within one month (though this may be extended by a further two months in certain circumstances). As noted above, if you are an end user of a service that incorporates or integrates our Services, the service provider is the controller of your personal data, and you should contact them to exercise any privacy rights. If you have complaints about how we process your information, please contact us as specified in the ‘How to Contact Us’ section and we will respond to your request as soon as possible. If you think we have infringed data protection laws, you can file a claim with the data protection supervisory authority in the country in which you live or work or where you think we have infringed data protection laws. ##### 9. CHANGES TO THIS PRIVACY POLICY We may modify this Privacy Policy from time to time, in which case we will update the “Last Updated” date at the top of this Privacy Policy. If you do not agree to any updates to this Privacy Policy, please do not continue using or accessing the Services. ##### 10. HOW TO CONTACT US If you live in the European Economic Area (EEA), Switzerland, or the United Kingdom, BFL GmbH is the data controller and is responsible for the processing of your Personal Data as described in this Privacy Policy. If you live outside the European Region, the data controller responsible for your personal data is Black Forest Labs Inc. Should you have any questions about this Privacy Policy, wish to report an incident or would like to request a copy of data associated with your account, please email us at [privacy@blackforestlabs.ai](mailto:privacy@blackforestlabs.ai) and contact our Data Protection officer [dpo@blackforestlabs.ai](mailto:dpo@blackforestlabs.ai). You can contact us as described below: - Black Forest Labs Inc, 2261 Market Street STE 22997, San Francisco, CA 94114 - BFL GmbH, Ingeborg-Krummer-Schroth-Straße 18, 79106 Freiburg im Breisgau, Germany ### Creator Program Credit Terms https://bfl.ai/legal/creator-program-credit-terms · Updated 2026-05-11 *Version 1.0 | Last Revised: 11 May 2026 | Incorporated into the Creator Program Participation Agreement* *These Credit Terms (“Credit Terms”) govern the grant, use, expiry, and administration of computing credits (“Credits”) provided by Black Forest Labs Inc. (“BFL”) to participants (“Participants”) in the BFL Creator Program (the “Program”). These Credit Terms are incorporated by reference into the Creator Program Participation Agreement (the “Agreement”) and form part of it. Capitalised terms not defined here have the meanings given to them in the Agreement. In the event of any conflict between these Credit Terms and the Agreement, the Agreement prevails.* #### 1. DEFINITIONS In these Credit Terms, the following defined terms apply in addition to those set out in the Agreement: **Account** The Participant’s registered account for the Program Services at bfl.ai. **Credit** A unit of computing allocation issued by BFL to a Participant, redeemable solely against the consumption of Program Services as described in these Credit Terms. Credits have no monetary value and are not currency. **Credit Allocation** The number of Credits granted to a Participant in a given Grant Event, as notified by BFL. **Credit Balance** The total number of Credits standing to a Participant’s Account at any given time. **Credit Rate** The number of Credits consumed per unit of Program Service usage (e.g. per image generation request, per second of video generation, or other applicable metric), as published by BFL and subject to change. **Expiry Date** The date on which a Credit Allocation expires, as communicated to the Participant at the time of the Grant Event. **Grant Event** An occasion on which BFL issues a Credit Allocation to a Participant. **Program Services** BFL’s AI image and video generation models, tools, interfaces, and associated services made available to Participants under the Agreement. **Prohibited Use** Any use of Credits described in Section 4 of these Credit Terms as not permitted. #### 2. GRANT OF CREDITS ##### 2.1 Discretionary Grant BFL may, in its sole and absolute discretion, issue Credits to a Participant at any time and from time to time. The issuance of Credits does not create any obligation on BFL to issue further Credits or to maintain any minimum Credit Balance. A Participant’s admission to the Program does not guarantee any specific Credit Allocation. ##### 2.2 Grant Events Credits may be issued by BFL through one or more of the following Grant Events: - Upon initial admission to the Program (an “Onboarding Grant”); - Periodically during the term of a Participant’s participation, at intervals and in amounts determined by BFL (a “Periodic Grant”); - In connection with specific activities, tasks, content creation milestones, or collaborative projects at BFL’s invitation (a “Project Grant”); or - On an ad hoc basis for any other reason BFL considers appropriate (a “Discretionary Grant”). ##### 2.3 Notification BFL will notify Participants of each Grant Event by email to the address registered with their Account, or via notification within the Program interface. Notification will specify the Credit Allocation, the applicable Credit Rate (or where to find it), and the Expiry Date. It is the Participant’s responsibility to check their Account and any communications from BFL in a timely manner. ##### 2.4 Acceptance A Participant accepts a Credit Allocation by using any portion of it, or by failing to reject it within seven (7) days of notification. Rejection must be communicated in writing to legal@blackforestlabs.ai. Acceptance of a Credit Allocation does not entitle the Participant to any additional Credits. #### 3. USE OF CREDITS ##### 3.1 Permitted Use Credits may be used solely by the Participant to whom they are issued, within the Participant’s Account, to access and use the Program Services for the purposes permitted under the Agreement. Credits may not be used for any commercial purpose unless BFL has given prior written consent. ##### 3.2 Credit Rate The Credit Rate applicable to each type of Program Service usage will be published by BFL in the Program documentation or within the Program interface. BFL may adjust the Credit Rate from time to time by providing reasonable notice to Participants via email or the Program interface. Adjusted Credit Rates apply to usage occurring after the effective date of the adjustment; Credits already consumed are not recalculated. ##### 3.3 Consumption Credits are consumed at the applicable Credit Rate each time a Participant initiates a generation or other billable action within the Program Services. BFL’s records of Credit consumption are conclusive in the absence of manifest error. If a Participant believes their Credit Balance has been incorrectly calculated, they must notify BFL within fourteen (14) days of the relevant usage event by emailing legal@blackforestlabs.ai with supporting details. ##### 3.4 Insufficient Credits Where a Participant’s Credit Balance is insufficient to complete a requested generation or other action, the request will not be processed. BFL is under no obligation to extend credit, allow negative balances, or provide alternative means of access where a Participant’s Credit Balance reaches zero. BFL may, in its sole discretion, notify a Participant when their Credit Balance falls below a threshold level. ##### 3.5 Account Security A Participant is responsible for maintaining the security of their Account and for all use of Credits through their Account, whether or not authorised by the Participant. Participants must notify BFL immediately at [legal@blackforestlabs.ai](mailto:legal@blackforestlabs.ai) if they become aware of any unauthorised access to their Account or any unauthorised use of Credits. #### 4. PROHIBITED USES ##### 4.1 General Prohibition Credits must not be used for any purpose that is not expressly permitted under these Credit Terms and the Agreement. Without limiting the foregoing, the following are Prohibited Uses: - Selling, transferring, assigning, gifting, bartering, or otherwise disposing of Credits to any other person or entity; - Purchasing, acquiring, or receiving Credits from any person or entity other than BFL; - Aggregating Credits across multiple Accounts or in any account not registered in the Participant’s own name; - Using Credits through automated scripts, bots, or other non-human means unless expressly authorised by BFL in writing; - Using Credits for any commercial purpose, including the generation of Output for sale, licensing, or inclusion in a commercial product or service, without BFL’s prior written consent; - Attempting to exploit, manipulate, or circumvent the Credit system, including by generating and discarding requests to assess system behaviour, or by exploiting errors in Credit Rate calculation; - Using Credits to generate Output that violates BFL’s Usage Policy, applicable law, or any third-party rights; and - Using Credits to access or use the Program Services in any manner not permitted by the Agreement. ##### 4.2 Consequences of Prohibited Use If BFL determines, in its sole discretion, that a Participant has engaged in any Prohibited Use, BFL may: - Immediately suspend or permanently terminate the Participant’s access to the Program Services; - Cancel or forfeit all or part of the Participant’s Credit Balance without compensation; - Terminate the Participant’s participation in the Program and the Agreement with immediate effect; and - Take such other action as BFL considers appropriate, including referral to relevant authorities where the Prohibited Use involves unlawful conduct. BFL’s determination as to whether a Prohibited Use has occurred is final, subject to the dispute resolution process in Section 7 of these Credit Terms. #### 5. EXPIRY AND FORFEITURE ##### 5.1 Expiry of Credit Allocations Each Credit Allocation expires on its Expiry Date. Expired Credits are automatically forfeited and removed from the Participant’s Credit Balance. BFL will use commercially reasonable efforts to notify Participants of an approaching Expiry Date not less than seven (7) days before expiry, but is under no obligation to do so. Expired Credits are not refunded, exchanged, or reinstated for any reason. ##### 5.2 Forfeiture on Termination Upon termination of a Participant’s participation in the Program or termination of the Agreement for any reason (including termination of the Program itself), all Credits standing to the Participant’s Account at the date of termination are immediately and automatically forfeited. BFL shall have no obligation to compensate the Participant for forfeited Credits, whether or not termination was caused by BFL. ##### 5.3 Suspension Where BFL suspends a Participant’s access to the Program Services (without terminating the Agreement), Credits in the Participant’s Account continue to accrue toward their Expiry Date during the period of suspension. BFL is not obligated to extend any Expiry Date or reinstate any Credits that expire during a period of suspension. ##### 5.4 No Rollover Credits do not roll over between Grant Events or Programme periods. If a Credit Allocation is not fully consumed before its Expiry Date, the unused portion is forfeited without compensation. Subsequent Grant Events do not extend the Expiry Date of any prior Credit Allocation. ##### 5.5 No Monetary Value Credits have no monetary value at any time. Credits do not constitute property, currency, stored value, or any financial instrument. Credits may not be redeemed for cash, exchanged for goods or services outside the Program Services, or used as payment for any obligation. BFL is not a money services business, payment service provider, or electronic money institution in respect of Credits. #### 6. MODIFICATIONS TO THE CREDIT SYSTEM ##### 6.1 Changes to Credit Terms BFL may amend these Credit Terms at any time by notifying Participants by email or via the Program interface. Amendments take effect on the date specified in the notice, which shall not be less than seven (7) days after notification, except where BFL considers immediate amendment necessary to prevent abuse, ensure security, or comply with applicable law. A Participant’s continued use of Credits after the effective date of any amendment constitutes acceptance of the amended Credit Terms. ##### 6.2 Changes to Credit Rates and Program Services BFL reserves the right, in its sole discretion and at any time, to: - Adjust the Credit Rate for any or all Program Services, with reasonable notice where practicable; - Add, modify, or remove the types of actions or Program Services for which Credits may be used; - Modify the structure of Grant Events, including the amount, frequency, and conditions of Credit Allocations; and - Discontinue the Credit system entirely, in which case BFL will use commercially reasonable efforts to provide Participants with reasonable advance notice. ##### 6.3 Errors and Corrections BFL reserves the right to correct any error in a Participant’s Credit Balance, whether arising from a technical fault, an administrative error, or any other cause. Where an error has resulted in a Credit Balance being overstated, BFL may adjust the Credit Balance downward without prior notice. BFL shall notify the Participant of any material correction. #### 7. CREDIT DISPUTES ##### 7.1 Raising a Dispute A Participant who disputes any aspect of their Credit Balance, a Credit Allocation, or the consumption of Credits must submit a written dispute to BFL at [legal@blackforestlabs.ai](mailto:legal@blackforestlabs.ai) within fourteen (14) days of the event giving rise to the dispute. The dispute must include: - The Participant’s full name and Account email address; - A description of the disputed Credit transaction or balance; - The date(s) of the relevant transaction(s); and - Any supporting information or evidence the Participant wishes BFL to consider. Disputes submitted after the fourteen (14)-day period will not be considered, except where BFL determines, in its sole discretion, that exceptional circumstances justify a later submission. ##### 7.2 BFL’s Review BFL will acknowledge receipt of a dispute within five (5) business days and will use commercially reasonable efforts to investigate and respond substantively within twenty (20) business days. BFL’s records of Credit transactions are prima facie evidence of the facts they record. BFL’s determination of any Credit dispute is final, subject to applicable consumer protection legislation. ##### 7.3 Governing Provisions Credit disputes are subject to the governing law and dispute resolution provisions of the Agreement. #### 8. GENERAL ##### 8.1 No Guarantee of Availability BFL does not guarantee that the Program Services will be available at any particular time or that any specific generation request will be completed successfully. Credits consumed in connection with a generation request that fails due to a system error will be reinstated at BFL’s sole discretion, subject to BFL verifying that the failure was attributable to BFL’s systems. ##### 8.2 Tax Credits are not intended to constitute a taxable benefit, income, or consideration in any jurisdiction. It is the Participant’s sole responsibility to assess and comply with any tax obligations that may arise in connection with their participation in the Program or the receipt or use of Credits. BFL makes no representation as to the tax treatment of Credits in any jurisdiction. ##### 8.3 Consumer Rights Nothing in these Credit Terms affects any statutory rights that a Participant may have as a consumer under applicable law. To the extent that any provision of these Credit Terms is inconsistent with mandatory consumer protection legislation applicable to the Participant, that legislation prevails to the extent of the inconsistency. ##### 8.4 Relationship to Agreement These Credit Terms are supplementary to and incorporated into the Agreement. All provisions of the Agreement, including the confidentiality, intellectual property, disclaimer, limitation of liability, and governing law provisions, apply equally to these Credit Terms and to Credits issued under them. ##### 8.5 Contact For all Credit-related enquiries, please contact BFL at [legal@blackforestlabs.ai](mailto:legal@blackforestlabs.ai) or via the support channel made available within the Program interface. *These Credit Terms are published at [insert URL] and are incorporated by reference into the Creator Program Participation Agreement.* *Black Forest Labs Inc. ·* [legal@blackforestlabs.ai](mailto:legal@blackforestlabs.ai) *· bfl.ai* ### Developer Terms of Service https://bfl.ai/legal/developer-terms-of-service · Updated 2026-08-04 *These Developer Terms of Service apply if you reside outside the European Union (EU). If you live in the EU these [EU Developer Terms of Service](https://bfl.ai/legal/eu-developer-terms-of-service) apply to you.* Welcome to Black Forest Labs — we love creativity and we’re excited you’re interested in using our products! These Developer Terms of Service (“Developer Terms”) constitute a legally binding contract between you (“you,” “your”, “Developer”) and Black Forest Labs Inc. (“we,” “us,” “our,” and “Company”) and govern your access to, and use of, the FLUX Services (defined below). These Developer Terms, along with the Service Terms (defined below), Usage Policy, Documentation, and any other documents incorporated by reference (collectively, the “Terms”) set forth the terms and conditions under which you may access and use the FLUX Services. By using the FLUX Services in any way, including by creating a developer account, you agree to be bound by these Terms. If you use the Flux 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. If you do not want to agree to these Terms, do not use — or allow any of your personnel to use — the FLUX Services. **SECTION 17 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 FLUX SERVICES AND/OR OUR 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 17.** **1. Definitions.** The following definitions apply throughout these Developer Terms. Where a defined term is also defined in the Developer Terms or the Agreement, the definition below shall supplement or, to the extent of any inconsistency, govern for purposes of these Developer Terms. ㅤㅤa) **"Audio Rights"** means all intellectual property and other rights as needed under applicable law to submit, process, and distribute audio content incorporated in an Input, Task, or resulting Output, including without limitation synchronization, master recording, mechanical, and performance rights. ㅤㅤb) **"Biometric Data"** means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry and any other data derived from specific technical processing relating to the physical, physiological or behavioral characteristics of a natural person which is capable of uniquely identifying a natural person, in each case to the extent such data constitutes "biometric data," "biometric information," or any analogous term under applicable law. ㅤㅤc) **"Content Credentials"** means machine-readable content provenance metadata or digital watermarks embedded in or attached to Outputs pursuant to the C2PA or similar technical standard(s), recording the AI system that generated the content and its generation history. ㅤㅤd) **"Deepfake"** means AI-generated, modified or manipulated image, video, or audio content that resembles existing persons (or their likeness), objects, places, entities or events, with the intent or likely effect of deceiving a person into believing such content is authentic or truthful. ㅤㅤe) **"Developer Application"** means the application, product, or service developed and operated by Developer through which End Users access the FLUX AI Models. ㅤㅤf) **"FLUX AI Models"** means the Company's artificial intelligence models and any Derivatives thereof where modification is permitted. ㅤㅤg) **"Input"** means all text, still image, video file, source video, source audio, or other content, prompts or inputs (in any form or medium) submitted or received, directly or indirectly (including via a third-party provider or as a result of a Task) to the FLUX AI Models by Developer (including from a Permitted User on your behalf) or End Users, including in connection with any fine-tuning or low-rank adaptation operation. ㅤㅤh) **"Output"** means all content generated by the FLUX AI Models based on Input, including any image, video, or video and audio content. ㅤㅤi) **"Tasks"** means an action or result from the Services or FLUX AI Models undertaken on your behalf, including but not limited to system interactions, intent interpretation, planning, research activities, visual grounding, and use of tools or skills. ㅤㅤj) **"Video Duration Limit"** means the maximum permissible length of a video Output in seconds, as specified in the Company's technical documentation. ㅤㅤk) **"Video Generation"** means any video generation modalities made available by the Company as specified in the Company's technical documentation. **2. The FLUX AI Models and Services.** ㅤㅤa) **Who May Use the FLUX AI Models and Services.** We develop and offer licenses to an array of artificial intelligence and machine learning models, products, software, tools, and services that we describe in further detail on our developer platform, Documentation (defined below), and FLUX APIs (defined below) (collectively, the “FLUX Services”). You may create a developer account and/or use the FLUX Services if you are legally capable of forming a binding contract with us in your respective jurisdiction and not barred from using the FLUX Services under the laws of any applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals and are not located or organized in a U.S.-sanctioned jurisdiction). If you are using the FLUX Services on behalf of an entity or other organization, you agree to these Terms for that entity or organization and represent to us that you have the authority to bind that entity or organization to these Terms. You may authorize your employees, affiliates and contractors to use the FLUX Services on your behalf (“Permitted Users”), provided you must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You will be responsible for all usage under your account whether or not it is authorized by you. ㅤㅤb) **License.** We offer various different products and services as part of the FLUX Services. Depending on what FLUX Service you choose to use, the terms may be different. We describe those terms in the following service-specific sets of terms (the “Service Terms”): ㅤㅤㅤㅤㅤ• [FLUX API Terms](/legal/flux-api-service-terms): FLUX API Terms offer you the ability to access the FLUX AI Models (defined below) hosted on servers operated by or on behalf of us through FLUX API. ㅤㅤㅤㅤㅤ• [FLUX Self-Hosted Commercial License Terms](/legal/self-hosted-commercial-license-terms): FLUX Self-Hosted Commercial License Terms offers you the ability to self-host the FLUX AI models on your servers for your Developer Application (defined below) and use or fine-tune them to your needs. ㅤㅤㅤㅤㅤEach of these Service Terms are incorporated into and made a part of these Terms and if there is any inconsistency between the Service Terms and these Terms, the Service Terms will control solely with respect to the specific applicable FLUX Services you use. ㅤㅤc) **Developer Application; End Users.** If you integrate any of the FLUX Services into a service, website, and/or application (“Developer Application”), then you must bind the end users of your Developer Application (“End Users”) to an enforceable end user agreement, acceptable use policy, and privacy policy that contains terms no less protective of us than those set forth in these Terms and our [Usage Policy](/legal/usage-policy). If you become aware, or if we reasonably suspect, that an End User is not in compliance with any such agreements or these Terms, then you will immediately terminate such End User’s access to and use of the FLUX Services, and take any other steps as reasonably requested by us. You are responsible for maintaining the confidentiality of your and your End Users’ unique credentials. You will provide access to the FLUX Services to End Users only in accordance with these Terms and agree that you are solely responsible for all activities that occur on the Developer Application, under End User accounts, or by your End Users. You represent and warrant to us that the Developer Application will, at all times, comply with applicable laws. ㅤㅤd) **Beta Offerings.** From time to time, we may offer test features or products as part of the FLUX Services (“Beta Offerings”). If you choose to use any Beta Offerings, you agree they are provided “as is” and may contain errors, defects, bugs or inaccuracies that could fail or cause corruption or loss of data and information. As such, you agree that use of any Beta Offerings is at your own risk. We do not provide technical support for any Beta Offerings. If we provide you with access to Beta Offerings, you agree that they are offered on a confidential basis and are our Confidential Information (defined below). ㅤㅤe) **Third-Party Offerings.** Third parties may offer products, services, or content through the FLUX Services (“Third Party Offering”). If you elect, in your sole discretion, to access or use a Third Party Offering (including by making it available via a Developer Application), your access and use of the Third Party Offering is subject to these Terms and any additional terms applicable to the Third Party Offering. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, ALL THIRD-PARTY OFFERINGS ARE MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. IF YOU USE ANY THIRD-PARTY OFFERINGS, WE WILL NOT BE RESPONSIBLE FOR ANY ACT OR OMISSION OF ANY PROVIDER OF SUCH THIRD-PARTY OFFERINGS. WE DO NOT WARRANT OR PROVIDE DIRECT SUPPORT FOR ANY THIRD-PARTY OFFERINGS. YOU ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY OFFERINGS. **3. Your Content.** ㅤㅤa) **Input.** Except as expressly set forth in the Terms, as between you and us, you retain all rights in and to your Inputs. You are solely responsible for all Inputs you or an End User submit to the FLUX AI Models — including the content, accuracy, and legality of such Inputs. You must ensure that your Inputs will not violate these Terms, including our [Usage Policy](/legal/usage-policy), or any laws or regulations. You represent and warrant that you have sufficient rights in the Input to submit it to the FLUX Services, that such submission to the FLUX Services will not infringe or violate any third party’s intellectual property rights, rights of publicity, privacy rights, moral rights, or contractual rights, and the Input does not contain any materials that you would be prohibited from modifying, transforming or generating as Output (as defined below). This means that if you upload a photograph, image, video, audio or likeness of any person to the FLUX Services, you represent and warrant that you have obtained any and all required permissions or consents necessary to submit such person’s likeness to the FLUX Services. For clarity, you are solely responsible for ensuring that all content incorporated in any Input, including images, videos, music, sound recordings, and performances, are either (i) owned by or licensed to you or the relevant End User under rights sufficient to permit submission for AI processing and distribution of any resulting Output, or (ii) in the public domain or otherwise freely usable without a license. ㅤㅤb) **Output.** As between you and us, you own all right, title, and interest in and to Output. You understand and acknowledge that, due to the nature of machine learning, the Output (i) may not be unique across users and the FLUX AI Models and Services may generate the same or similar Output for other users, (ii) may contain “hallucinations”, and (iii) may be inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose. You agree that we will not be liable for any damages you or any third party alleges to incur as a result of or relating to any Output. Additionally, you may not generate or use any Output to create a Deepfake, impersonate any real person or falsely attribute Output as having been created or endorsed by any real individual, in each case without the prior written consent of the applicable individual. You agree to evaluate the use of Output before using it, such as by using human review. You further acknowledge that: (i) Outputs generated from Input containing images, videos, audio, music, sound recordings, or performances may themselves incorporate, reproduce, or be derived from all or a portion of such content; (ii) the distribution, public performance, synchronization, or other exploitation of such Outputs may require third party intellectual property rights, including Audio Rights that we do not hold and cannot grant to you; (iii) our disclaimer of ownership under the Agreement does not constitute any clearance, warranty of non-infringement, or representation that Outputs are free of third-party audio copyright claims; and (iv) we may embed Content Credentials or other provenance data in any Output, and we reserve the right to modify the manner and form of such credentials at any time without prior notice to you. ㅤㅤc) **Tasks.** As between you and us, we retain all right, title, and interest in and to the methods, processes, and techniques by which Tasks are performed, which constitute Black Forest Labs Technology. You acknowledge that (i) Tasks are performed by the FLUX AI Models in response to your Inputs and may not be visible to or controllable by you in real time, (ii) the manner in which Tasks are performed may change as we update the FLUX Services, (iii) you remain responsible for the consequences of Tasks caused by your Input, and (iv) Tasks may not achieve your intended result. You agree that we will not be liable for any damages you or any third party alleges to incur as a result of or relating to any Task taken as a result of your Input. ㅤㅤd) **No Obligation to Pre-Screen Content.** You acknowledge that we have no obligation, and it may be impossible, to pre-screen your (or End User) Input, Task, or Output, although we reserve the right in our sole discretion to do so. We also reserve the right to remove any Input, Task, or Output from the FLUX Services that violates these Terms and, if necessary, provide law enforcement with data and any other information relating to your use of the FLUX Services. **4. Ownership.** ㅤㅤa) **Black Forest Labs Technology.** We own all right, title, and interest in and to (i) any of the artificial intelligence and machine learning models — including the models’ various elements, such as model weights, algorithms, software, checkpoints, parameters, source code (inference code, evaluation code, fine-tuning code) — that we offer for use as part of the FLUX Services (“FLUX AI Model(s)”), (ii) our application programming interface(s) (“FLUX API”), and related tools, documentation, data, technology, code, and other materials that we make available to allow you to integrate Developer Applications with the FLUX AI Models and fine-tune the FLUX AI Models (if permitted by us), (iii) any software code we offer for use as part of the FLUX Services, (iv) our and the FLUX AI Model’s names, logos, trademarks, and service marks, (v) any data sets that we create based on your or other users’ use of the FLUX Services, and (vi) any other technology, documentation, artificial intelligence and machine learning models, workflows, products, processes, algorithms, know-how, trade secrets, techniques, designs, inventions, and other tangible or intangible technical material or information that we provide to you under the Terms or as part of the FLUX Services, including in each case all modifications, enhancements, improvements, and Derivatives (defined below) thereof (collectively, “Black Forest Labs Technology”). You acknowledge that no intellectual property rights are assigned or transferred to you under these Terms, other than the limited right to access and use the FLUX Services as described herein. To the extent that, by operation of law or otherwise, you obtain any intellectual property rights, interest, or ownership in any Black Forest Labs Technology, you hereby irrevocably assign to us all such rights, and you agree to execute any documents and take any actions reasonably requested by us to evidence or perfect such assignment. ㅤㅤb) **Your Technology; Output.** As between you and us, we claim no ownership rights in and to your Output and the Developer Application, excluding any Black Forest Labs Technology. You and your End Users may use Outputs for your or their own personal or commercial purposes, subject to any restrictions set forth in these Terms or applicable law. For the avoidance of doubt, Outputs do not include the FLUX Services or any components of the FLUX Services, including the FLUX API, FLUX AI Models, weights, or parameters. We acknowledge that no intellectual property rights are assigned or transferred to us under these Terms, including to any of your Inputs, other than the limited right to access and use Input and Output as described in these Terms. ㅤㅤc) **Derivatives.** “Derivatives” means anything that would be considered a derivative under law and, whether or not considered a derivative under law, any (i) modified version of a FLUX AI Model (including but not limited to any customized or fine-tuned version of a FLUX AI Model or its weights) and (ii) work based on the FLUX AI Model (but not Output). For the avoidance of doubt, references herein to the FLUX AI Models include Derivatives. As part of the FLUX Services, we may offer you the ability or a license to create or use Derivatives if specified in the specific Service Terms. ㅤㅤd) **Feedback.** We welcome feedback, comments, and suggestions for improvements to the FLUX Services. If you provide feedback or suggestions, you agree that we will own all rights in such feedback or suggestions and anything we develop based on such feedback or suggestions. **5. Privacy Policy, Intellectual Property Policy, and Usage Policy.** ㅤㅤa) **Usage Policy.** Our Usage Policy, located at [https://bfl.ai/legal/usage-policy](https://bfl.ai/legal/usage-policy) (“Usage Policy”), which we may revise from time to time, is incorporated by reference into these Terms and further describes your permitted uses of the FLUX Services. ㅤㅤb) **Privacy Policy and Security.** Our Privacy Policy describes how we handle the personal information you provide to us when you use the FLUX Services. For an explanation of our privacy practices, please visit our Privacy Policy located at [https://bfl.ai/legal/privacy-policy](https://bfl.ai/legal/privacy-policy). ㅤㅤc) **Intellectual Property Policy.** Our Intellectual Property Policy, located at [https://bfl.ai/legal/intellectual-property-policy/](https://bfl.ai/legal/intellectual-property-policy/), which we may revise from time to time, is incorporated by reference into these Terms and describes how we handle claims of intellectual property infringement. **6. Restrictions.** You agree to comply with our [Usage Policy](/legal/usage-policy) and any technical documentation that we provide for the FLUX Services, located at docs.bfl.ml (“Documentation”). You also agree that you will not, and will not allow or facilitate any third party (including any Permitted User or End User) to: ㅤㅤa) Use the FLUX Services, FLUX AI Models, Input, Tasks, or Output in a manner that violates any applicable laws or these Terms; ㅤㅤb) Modify, decompile, create Derivative works based upon, or otherwise alter the FLUX Services or FLUX AI Models, unless expressly authorized by us; ㅤㅤc) Use the FLUX Services, FLUX AI Models, or Output to develop any product, service, or technology that competes with us or any of our products or services, including using any Task or Output to train, distill or fine tune any other AI models; ㅤㅤd) Introduce any viruses, trojan horses, worms, logic bombs, or other materials that may damage, detrimentally interfere with, intercept or expropriate our systems or data; ㅤㅤe) Attempt to gain unauthorized access to, interface with, damage, or disrupt the FLUX Services, FLUX AI Models, or the computer systems or networks connected to the FLUX Services or FLUX AI Models; ㅤㅤf) Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the FLUX Services or FLUX AI Models; ㅤㅤg) Exceed, attempt to exceed, or circumvent limitations on access, calls, and use of the FLUX Services or FLUX AI Models or use the FLUX Services or FLUX AI Models in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage; ㅤㅤh) Use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the FLUX Services to monitor, extract, copy or collect information or data from or through the FLUX Services, or engage in any manual process to do the same; ㅤㅤi) Remove, disable, alter, obscure, any Content Credentials or represent to End Users or third parties that (i) Outputs are free of content provenance metadata or (ii) any Task or Output was human-generated; ㅤㅤj) Upload images of individuals to the FLUX Services or FLUX AI Models without their consent or use the FLUX Services or FLUX AI Models in a harassing, threatening, abusive, inflammatory, harmful, hateful, cruel, insensitive, deceptive, or otherwise objectionable manner; ㅤㅤk) Upload images, videos or personal data to the FLUX Services or FLUX AI Models relating to individuals under the age of 18; ㅤㅤl) Violate any applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”) in connection with use of the Black Forest Labs Technology; or ㅤㅤm) Directly or indirectly distribute, export, or otherwise transfer the Black Forest Labs Technology (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons, or missile technology applications. **7. Fees, Subscriptions, and Payment.** ㅤㅤa) **Fees.** Fees for the FLUX Services are available at [https://bfl.ai/pricing](https://bfl.ai/pricing) (“Fees”). We reserve the right to update the Fees, prices, and payment plans for the FLUX Services at our discretion, and any changes will be effective in the subsequent billing period after the update is made. We may use a third-party payment processor (such as Stripe) to bill you through a payment account linked to your account for use of the FLUX Services. The processing of payments through a payment processor will be subject to the terms, conditions, and privacy policies of the payment processor. ㅤㅤb) **Prepaid Credits.** We may offer credits ("Prepaid Credits") for purchase in various amounts through your account, and we may use a third-party payment processor (such as Stripe) to bill you for the purchase of such credits. The Prepaid Credits may be used to pay for any Fees for the Services. Prepaid Credits expire twelve (12) months after purchase and may only be used while you have an active account with us. Once purchased, the Prepaid Credits are non-refundable. ㅤㅤc) **Subscriptions.** Some of the FLUX Services may consist of a one-time charge for an initial period, followed by recurring periodic and/or additional usage charges or a subscription plan with recurring charges and additional usage charges. Under these plans, you will be billed on a recurring basis on the first day of each billing period and you will pay — and you authorize us (or a payment processor or the applicable third party, if you sign up through a third party) to charge your payment method — the then-current subscription fee. By choosing a recurring payment plan or subscription, you acknowledge that the applicable FLUX Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU TERMINATE THE TERMS OR PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE COULD REASONABLY UPDATE OR TERMINATE YOUR PLAN OR SUBSCRIPTION. ㅤㅤd) **Auto-Renewal.** If you have agreed to a subscription plan, the subscription for the FLUX Services will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current rate for the applicable service (which rates are subject to change at any time at our discretion as mentioned above). If you cancel or terminate your use of the FLUX Services, you may use your subscription until the end of your then-current payment period and, after that, your subscription will not be renewed. However, you will not be eligible for a prorated refund of any portion of the subscription fee already paid for the then-current subscription period. We reserve the right to decline to renew any subscription at any time in our sole discretion. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING BASIS UNDER THESE ONLINE TERMS, YOU MUST CANCEL YOUR SUBSCRIPTION TO THE FLUX SERVICES THROUGH YOUR ACCOUNT (IF OFFERED AS A WAY TO CANCEL BY US) OR TERMINATE YOUR ACCOUNT BY CONTACTING US AT [SUPPORT@BLACKFORESTLABS.AI](mailto:SUPPORT@BLACKFORESTLABS.AI) BEFORE THE END OF THE RECURRING TERM. ㅤㅤe) **Disputes.** You may only raise a dispute over Fees in good faith and within thirty (30) days of receipt of an invoice or when you were charged under a subscription. If you do so, you will pay us any undisputed Fees. You will work diligently with us to resolve any Fee disputes as soon as reasonably possible. You will pay disputed amounts, if owed, to us within thirty (30) days after the dispute is resolved. Any amounts due to us under the Terms not received by the date due will be subject to a late charge of one percent (1%) per month, or the maximum charge permitted by law, whichever is less. All payments amounts due hereunder shall be paid in U.S. dollars, unless otherwise stated by us. We may change the Fee structure for use of the FLUX Services at any time, at our sole discretion. ㅤㅤf) **Taxes.** Each party will be responsible for any taxes based on its income and receipts. We may charge, and you will be responsible for paying, any national, state, and local sales, use, excise, ad valorem, value-added, consumption, and other taxes and duties imposed on your use of the FLUX Services, but not including any taxes based on our payroll or income. ㅤㅤg) **Audit.** We will have the right upon reasonable prior written notice and at our expense, to have an independent certified public accountant inspect and audit your books and records to verify the accuracy of the fees paid to us, including evidence reasonably necessary to verify the accuracy of any usage-based fees. Any such inspection and audit will be conducted during regular business hours and shall not unreasonably interfere with your business activities. If any audit should disclose an underpayment, you will promptly pay such amount to us within thirty (30) days from notice thereof. Additionally, if any audit reveals an underpayment in excess of five percent (5%) of the amount owed, the fees and expenses relating to such audit shall be borne entirely by you. **8. Confidentiality.** ㅤㅤa) You agree that any information provided to you in connection with these Terms that you know or reasonably should know is confidential (“Confidential Information”), will only be used as necessary to exercise your rights under these Terms and will be confidential and not disclosed to any third party, unless the Confidential Information becomes public through no fault of yours, is otherwise communicated to you free of any obligation of confidence, or is independently developed by you without use of the Confidential Information. You agree to protect Confidential Information in the same manner you would protect your own confidential information. **9. Image, Likeness, and Voice** ㅤㅤa) **Consent Requirement.** Where Input contains, or can cause a Task or FLUX AI Model to generate an Output that contains or realistically simulates, the name, image, likeness and/or voice of a natural person (“Identifiable Persons”), Developer represents and warrants on a continuing basis that Developer or the relevant End User has obtained the informed, documented consent of such person (or their lawful representative) for: (a) the submission of such Identifiable Persons as Input to the FLUX AI Model; and (b) the intended use and distribution of any resulting Output. ㅤㅤb) **Acknowledgment Regarding Outputs.** Developer acknowledges that: ㅤㅤㅤㅤㅤ(i) Outputs may incorporate or realistically simulate Identifiable Persons, and that the use of such Outputs may be subject to such persons' rights of publicity, personality rights, right of voice, right of image, or similar rights under applicable law, independently of any intellectual property considerations; ㅤㅤㅤㅤㅤ(ii) Developer is solely responsible for obtaining any and all necessary permissions, consents, waivers, licenses or releases required by applicable law for the intended use of any Output that incorporates or simulates a person's Identifiable Person; and ㅤㅤㅤㅤㅤ(iii) The Company's disclaimer of ownership does not constitute any clearance, authorization, or representation with respect to such rights, and the Company shall have no liability in respect of claims arising from the use of a person's Identifiable Person in any Input, Task, or Output. **10. Biometric Data.** ㅤㅤa) Certain data, which may include data of Identifiable Persons incorporated in Input or derived from Outputs (including voice data processed in connection with Video Generations), may constitute Biometric Data. ㅤㅤb) To the extent that Developer (via End Users or otherwise) submits Input or receives Outputs containing or derived from Biometric Data, Developer shall: (a) comply with all applicable laws related to Biometric Data, including obtaining all required consents, providing all notices, publishing all policies, and complying with all Biometric Data retention periods; (b) not use any FLUX AI Model to build, enhance, or augment any facial recognition or surveillance system; and (c) include in its End User-facing privacy notice and End User terms an accurate description of any Biometric Data processing that occurs in connection with the Developer Application and any other disclosures required by applicable laws related to Biometric Data or privacy. The Company reserves the right to remove Biometric Data at any time if it determines in its sole discretion that any of the foregoing requirements have not been complied with. **11. Disclaimer.** ㅤㅤa) **YOUR ACCESS TO AND USE OF THE FLUX SERVICES ARE AT YOUR OWN RISK. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION, THE FLUX AI MODELS AND FLUX SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, OUR PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (“COMPANY ENTITIES”) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES FOR TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY ENTITIES DO NOT REPRESENT OR WARRANT THAT THE FLUX AI MODELS OR FLUX SERVICES WILL OPERATE SECURELY OR WITHOUT INTERRUPTION. COMPANY ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE FLUX SERVICES, INCLUDING ANY TASK OR OUTPUT; (B) THE INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY IN AND YOUR USE OF ANY TASK OR OUTPUT; (C) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE FLUX SERVICES; (D) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; AND (E) WHETHER THE FLUX SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE FLUX SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN AND YOU ACKNOWLEDGE THAT YOU HAVE NOT AGREED TO THE TERMS IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH HEREIN.** ㅤㅤb) **COMPANY ENTITIES MAKE NO PROMISE OR GUARANTEE THAT THE FLUX SERVICES, ANY TASK, OR ANY OUTPUT ARE ERROR-FREE. YOU ACKNOWLEDGE THAT THE FLUX SERVICES MAY PERFORM TASKS OR GENERATE OUTPUT CONTAINING INCORRECT, BIASED, OR INCOMPLETE INFORMATION. YOU SHOULD NOT RELY ON THE SERVICES, ANY TASK, OR ANY OUTPUT FOR ADVICE OF ANY KIND, INCLUDING MEDICAL, LEGAL, INVESTMENT, FINANCIAL OR OTHER PROFESSIONAL ADVICE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR. COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE FLUX SERVICES.** **12. Indemnification.** ㅤㅤa) You agree to indemnify, defend and hold us and Company Entities harmless from and against any and all actions, causes of actions, claims, demands, liabilities, losses, judgments, damages or expenses (collectively, “Indemnity Claims”) which we may at any time incur, sustain or become subject to by reason of any Indemnity Claim: ㅤㅤㅤㅤㅤi) brought by a third party and arising from your or, if applicable, your End User’s (i) breach of these Terms or any applicable law or regulation, (ii) operation of a Developer Application, (iii) violation of any rights of any third party, (iv) misuse of the FLUX Services or FLUX AI Models, (v) content, Input, or Tasks (to the extent such content, Input, or Task form the basis of such third-party claim), (vi) use or distribution of Output, (vii) fine-tuning of any FLUX AI Model, and (viii) negligence or willful misconduct, or ㅤㅤㅤㅤㅤii) brought by an End User. ㅤㅤb) You will pay all costs, damages, and expenses incurred by us, including reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such Indemnity Claim, provided that we notify you of any such Indemnity Claim, and give you control of the defense and any settlement of such Indemnity Claim. If you do not timely and adequately conduct such defense, we may, at our option and at your expense, conduct such defense, contest, litigate or settle the Indemnity Claim using counsel of our own choice without prejudice to our right of indemnification. We will have the right to be represented by counsel at our own expense in any such contest, defense, litigation or settlement conducted by you. **13. Limitation of Liability.** ㅤㅤa) **UNDER NO CIRCUMSTANCES SHALL WE, OUR PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THESE TERMS, INCLUDING LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR COMPANY ENTITIES HAVE BEEN ADVISED OR HAVE CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. THE FLUX AI MODELS, FLUX SERVICES, THEIR COMPONENTS, ANY TASK, AND ANY OUTPUT (COLLECTIVELY, “MODEL MATERIALS”) ARE NOT DESIGNED OR INTENDED FOR USE IN ANY APPLICATION OR SITUATION WHERE FAILURE OR FAULT OF THE MODEL MATERIALS COULD REASONABLY BE ANTICIPATED TO LEAD TO SERIOUS INJURY OF ANY PERSON, INCLUDING POTENTIAL DISCRIMINATION OR VIOLATION OF AN INDIVIDUAL’S PRIVACY RIGHTS, OR TO SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE (EACH, A “HIGH-RISK USE”). IF YOU ELECT TO USE ANY OF THE MODEL MATERIALS FOR A HIGH-RISK USE, YOU DO SO AT YOUR OWN RISK. YOU AGREE TO DESIGN AND IMPLEMENT APPROPRIATE DECISION-MAKING AND RISK-MITIGATION PROCEDURES AND POLICIES IN CONNECTION WITH A HIGH-RISK USE SUCH THAT EVEN IF THERE IS A FAILURE OR FAULT IN ANY OF THE MODEL MATERIALS, THE SAFETY OF PERSONS OR PROPERTY AFFECTED BY THE ACTIVITY STAYS AT A LEVEL THAT IS REASONABLE, APPROPRIATE, AND LAWFUL FOR THE FIELD OF THE HIGH-RISK USE.** ㅤㅤb) **OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE FLUX SERVICES, INCLUDING ANY RELATED CAUSE OF ACTION, SHALL BE LIMITED TO THE GREATER OF (I) ONE HUNDRED UNITED STATES DOLLARS OR (II) THE AMOUNTS PAID BY YOU TO US IN THE SIX (6) MONTHS PRECEDING THE ACTION TO WHICH SUCH LIABILITY RELATES.** **14. Release.** ㅤㅤa) You hereby release and forever discharge us and our predecessors, successors, and their respective parent corporations, affiliates, related, and/or subsidiary entities, and all of their past and present investors, directors, shareholders, officers, general or limited partners, employees, attorneys, agents and representatives (the “Company Releases”), from and against any and all claims, debts, demands, accounts, judgments, rights, causes of action, equitable relief, damages, costs, charges, complaints, obligations, promises, agreements, controversies, suits, expenses, compensation, responsibility and liability of every kind and character whatsoever (including attorneys’ fees and costs), whether in law or equity known or unknown, asserted or unasserted, suspected or unsuspected (collectively, “Released Claims”), arising directly or indirectly, out of or related to any Task, Output, content filtering, and content moderation, or the failure to implement adequate content filtering or content moderation. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED OF AND ARE FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: ㅤㅤb) **“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”** ㅤㅤc) **BEING AWARE OF SAID CODE SECTION, YOU HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT.** **15. Term, Termination, and Suspension.** ㅤㅤa) Unless set forth in the Service Terms, these Terms are effective when you first use the FLUX Services by creating an account or via any other means and will remain in effect until terminated pursuant to this Section or the applicable Service Terms. You may terminate these online Terms and your access or license to the FLUX Services at any time for any reason by canceling your subscription to the applicable FLUX Service in the manner we offer to you on the dashboard or emailing us at [support@blackforestlabs.ai](mailto:support@blackforestlabs.ai), subject to Section 6. We may also terminate your account at any time for any reason if you do not have an active subscription plan or account to use a FLUX Service or if we reasonably believe you have violated these Terms. We also reserve the right to suspend or terminate your access to the FLUX Services at any time, without notice, if we believe in our sole discretion that such suspension is necessary to maintain the security and consistency of the FLUX Services, if we believe you have failed to comply with these Terms, or if you are subject to a dissolution, receivership, liquidation, insolvency, conservatorship, consolidation, reorganization, cessation of business, voluntary or involuntary bankruptcy. ㅤㅤb) Regardless of who terminates these Terms, both you and us continue to be bound by Sections 2, 3, 4, 6, 7 (but only to the extent there are remaining fees owed or we initiate an audit), 8,12, 13, 17 and 18. **16. Modifying the FLUX Services and these Terms.** ㅤㅤa) We’re relentlessly improving the FLUX Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop providing any of the FLUX Services altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand. You acknowledge and agree that any such modifications may affect your ability to access or use the FLUX Services and may require you to make changes to any integrations you have built in a Developer Application with the FLUX Services, at your sole cost and expense. We will not be liable for any costs that you incur, lost profits, or damages of any kind arising out of or in connection with any modifications, even if we do not provide notice. ㅤㅤb) This also means we may update these Terms to reflect any changes to the FLUX Services or FLUX AI Models or how we provide them, as well as to comply with legal requirements, or for other legal or security reasons. If changes to these Terms are material, we will endeavor to provide you with advance notice, however, we will not be liable for any costs, lost profits, or damages you may incur from any updates to our Terms or lack of notice. If you continue to use the FLUX Services once the changes come into effect, that will be deemed acceptance to any of the changes. **17. Arbitration and Class Action Waiver.** ㅤㅤa) **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.** ㅤㅤb) **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. ㅤㅤc) **Arbitration Agreement and Class Action Waiver.** After the informal dispute resolution process, any remaining dispute, controversy, or claim from you (collectively, “Claim”) relating in any way to the Company’s services and/or products, including the FLUX 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. ㅤㅤd) **Exceptions.** Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction: ㅤㅤㅤㅤㅤi) 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; ㅤㅤㅤㅤㅤii) Claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or ㅤㅤㅤㅤㅤiii) intellectual property Claims. ㅤㅤe) **Costs of Arbitration.** Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS 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. ㅤㅤf) **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.** **18. Miscellaneous.** ㅤㅤa) **Assignment.** You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or through a change of control such as through a merger, acquisition, or sale of all or substantially all of our assets. Subject to the foregoing limitation on assignment, these Terms are binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. ㅤㅤb) **No Agency Relationship.** The relationship between the parties will not be construed as a joint venture, partnership or principal-agent relationship, and under no circumstances will any of the employees of one party be deemed to be employees of the other party for any purpose. These Terms will not be construed as authority for either party to act for the other in any agency or any other capacity. ㅤㅤc) **Third Party Beneficiaries.** These Terms are not intended and will not be construed to create any rights or benefits upon any person not a party to these Terms. ㅤㅤd) **Costs and Expenses.** Unless specifically provided for elsewhere in these Terms, each party will bear its own costs and expenses, including legal fees, accounting fees and taxes incurred in connection with the performance of these Terms. ㅤㅤe) **Entire Agreement.** These Terms, including any exhibits or other documents attached hereto or referenced herein, each of which is hereby incorporated herein and made an integral part hereof, constitutes the entire agreement between the parties relating to the subject matter hereof and there are no representations, warranties or commitments except as set forth herein. These Terms supersede all prior understandings, negotiations and discussions, written or oral, of the parties relating to the transactions contemplated by these Terms. ㅤㅤf) **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 17. ㅤㅤg) **Provisions Severable.** If any provision of these Terms will be or become wholly or partially invalid, illegal or unenforceable, such provision will be enforced to the extent that it is legal and valid and the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired. These Terms will be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. ㅤㅤh) **Waivers; Cumulative Remedies.** No failure or delay by a party to insist upon the strict performance of any term or condition under these Terms or to exercise any right or remedy available under these Terms at law or in equity, will imply or otherwise constitute a waiver of such right or remedy, and no single or partial exercise of any right or remedy by any party will preclude exercise of any other right or remedy. All rights and remedies provided in these Terms are cumulative and not alternative; and are in addition to all other available remedies at law or in equity. ㅤㅤi) **Force Majeure.** You agree that we will not be liable to you for any failure to provide the FLUX Services during any period in which our performance is delayed or adversely affected as a result of circumstances beyond our control, including, but not limited to, fire, flood, war, pandemic, plague, epidemic, outbreaks of infectious disease, or any other public health crisis, including quarantine or other employee restrictions, act of authority whether lawful or unlawful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, embargo, strike, riot, civil unrest, or disputes with suppliers or vendors. ㅤㅤj) **How to Contact Us.** You may contact us regarding these Terms at: 2261 Market Street, STE 22997 San Francisco, CA 94114, USA, or by email at [contact@blackforestlabs.ai](mailto:contact@blackforestlabs.ai). ### EU API Service Terms https://bfl.ai/legal/eu-api-service-terms · Updated 2026-08-26 These EU FLUX API Service Terms ("**API Terms**") govern Developer's access to and use of the FLUX AI Models via the FLUX API. These API Terms are part of, and incorporated into, the Black Forest Labs EU Developer Terms of Service ("**Developer Terms**"), if you are (i) located in the European Union or (ii) are using the FLUX Services (defined in the Developer Terms) through an establishment located in the European Union. By agreeing to these API Terms, Developer also agrees to the Developer Terms (found at [https://bfl.ai/legal/eu-developer-terms-of-service](https://bfl.ai/legal/eu-developer-terms-of-service)) (collectively, the "Terms"). Capitalized terms used but not otherwise defined in these API Terms have the meanings given to them in the Developer Terms. In the event of any conflict between these API Terms and the Developer Terms, these API Terms will control, but solely with respect to Developer's access and use of the FLUX AI Models via the FLUX API. Where an Order Form to a FLUX Model API Services Agreement specifies these API Terms, these API Terms are also incorporated by reference into the applicable FLUX Model API Services Agreement and accompanying Order Form (together, the "Agreement"). In the event of any conflict between these API Terms and the rest of the Agreement with respect to Flux AI Model-specific matters, these API Terms shall control. Capitalized terms not defined in these API Terms have the meanings given in the Agreement. **1. The FLUX API and FLUX AI Models** The FLUX API allows Developer to integrate the Developer Application with the FLUX AI Models and, if permitted, fine-tune the FLUX AI Models via interaction with an API that we control. **2. Licenses** a. License to the FLUX API. If Developer chooses to use the FLUX API, and subject to the Terms, the Company grants Developer a limited, worldwide, non-exclusive, non-transferable, non-sublicensable, license for the duration of the Agreement to access and use the FLUX API, FLUX AI Models, and Derivatives of the FLUX AI Models if permitted through the FLUX API (such as the fine-tuning of a FLUX AI Model) solely to develop and operate integrations whereby End Users of a Developer Application can interface with the FLUX AI Models from within the Developer Application. Developer may not allow access to the FLUX API, FLUX AI Models, or Derivatives from any source other than the Developer Application. This means that Developer may not host (or authorise or direct a third party to host) an API endpoint to any FLUX AI Models that allows third parties to integrate or otherwise use the FLUX AI Models in or with their own products or services under these API Terms. b. License to the Company. Developer grants the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, sub-license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Developer's Input and Output for the purpose of operating the FLUX Services, improving the Company's products and services, and developing new products and services. Developer acknowledges that the foregoing means the Company may use Inputs and Outputs to train and improve its artificial intelligence models, algorithms, and related technology, products, and services. **3. Fees** Fees for the use of the FLUX AI Models through the FLUX API are available at https://bfl.ai/pricing/api/. Fees may be charged up-front and then used as credits on submitted Inputs. Developer may purchase prepaid credits for use with the FLUX API at then-current prices as published by the Company. The Company may offer credits in various quantities or packages at its discretion. All credit purchases are non-refundable and must be used in accordance with the Terms. **4. Rate Limits** Developer will not attempt to exceed or circumvent any agreed limitations on access, calls, and use of the FLUX API ("Rate Limits"), or otherwise use the FLUX API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage (in the Company’s sole discretion), or otherwise does not comply with these Terms. If Developer exceeds, or the Company reasonably believes that Developer has attempted to circumvent, the Rate Limits or controls to limit use of the FLUX API, then Developer's ability to use the FLUX API and/or FLUX Services may be temporarily suspended or permanently blocked. Developer understands and agrees that the specifications for the FLUX API shall be defined by the Company in its sole discretion, and Developer is responsible for the development and other costs associated with integrating with the FLUX API and FLUX AI Models. **5. Developer Inputs, Outputs, and Storage** Developer is solely responsible for all Input submitted through the Developer Application, including Source Video. Developer shall implement reasonable content screening mechanisms to prevent the submission of Input that violates the Terms or the FLUX Usage Policy. Video Outputs are made available via a time-limited retrieval URL or equivalent mechanism as specified in the applicable Order Form or Documentation. Developer is responsible for downloading and storing Outputs within the applicable retrieval window. The Company does not guarantee long-term storage of Video Outputs and may delete them after expiry of the retrieval window. **6. Technical Parameters and Modifications** Outputs are subject to the technical parameters set out in the applicable Order Form and the Company's technical documentation (found at https://docs.bfl.ai/quick_start/introduction), including Video Duration Limits, maximum output resolution, maximum frame rate, and supported file formats. Developer shall not attempt to circumvent such parameters through prompt engineering, API call chaining, or any other method. The Company may modify, change, update, and/or enhance the FLUX API and/or the FLUX AI Models, or any specifications or functionalities of the FLUX API and/or FLUX AI Models (a "**Modification**"), at any time in the Company's sole and exclusive discretion. Developer acknowledges and agrees that such Modifications may affect any Developer Application's ability to access or fine-tune any FLUX AI Model and may require Developer to make changes to the Developer Application at Developer's cost to continue to integrate with the FLUX API and/or FLUX AI Models. **7. Usage Policy** The Company maintains a FLUX Usage Policy at bfl.ai/legal/usage-policy, setting out guidance and additional prohibited use cases for the FLUX AI Models, including in connection with Video Generations. The FLUX Usage Policy is incorporated by reference into these API Terms and forms part of the Terms; in the event of any conflict between the FLUX Usage Policy and these API Terms, these API Terms shall control. The Company may update the FLUX Usage Policy on reasonable notice. Developer's End User-facing terms and acceptable use policies must be at least as restrictive as the FLUX Usage Policy with respect to the FLUX AI Models and Video Generations. **8. Self-Hosting** These API Terms do not grant Developer the right to download, self-host, or make derivatives of the FLUX [dev] Model. If Developer would like to have the opportunity to self-host the FLUX [dev] Models, please see the FLUX [dev] Self-Hosted Service Terms (found at [https://bfl.ai/legal/self-hosted-commercial-license-terms](https://bfl.ai/legal/self-hosted-commercial-license-terms)). **9. General** a. Updates. The Company may update these API Terms by posting a revised version at the URL specified in the applicable Order Form or the Company's website. It is Developer’s sole responsibility to review these API Terms from time to time to view any updates. Continued use of the FLUX API or any Video Generation following the effective date of an updated version of these API Terms constitutes acceptance of such modified API Terms. b. Relationship to Developer Terms and Agreement. These API Terms supplement and do not replace the Developer Terms or the Agreement. All other terms and conditions of the Developer Terms or the Agreement continue to apply to Developer's use of the FLUX AI Models. c. Severability and Waiver. If any provision of these API Terms is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. No failure or delay by the Company in exercising any right or remedy under these API Terms shall operate as a waiver of such right or remedy. d. Contact. Questions regarding these API Terms may be directed to: legal@blackforestlabs.ai. ### EU Developer Terms of Service https://bfl.ai/legal/eu-developer-terms-of-service · Updated 2026-08-26 Welcome to Black Forest Labs — we love creativity and we’re excited you’re interested in using our products! These EU Developer Terms of Service (“**Developer Terms**”) constitute a legally binding contract between you, or the entity that you represent when accepting these Developer Terms (“**you**,” “**your**”, “**Developer**”) and BFL GmbH, with registered address at Ingeborg-Krummer-Schroth-Straße 18, 79106 Freiburg im Breisgau, Germany (“**we**,” “**us**,” “**our,**” and “**Company**”) if you are (i) located in the European Union or (ii) are using the FLUX Services (defined below) through an establishment located in the European Union and govern your access to, and use of, the FLUX Services (defined below). These Developer Terms, along with the Service Terms (defined below), Usage Policy, Documentation, and any other documents incorporated by reference (collectively, the “**Terms**”) set forth the terms and conditions under which you may access and use the FLUX Services. By using the FLUX Services in any way, including by creating a developer account, you agree to be bound by these Terms. If you use the Flux 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. If you do not want to agree to these Terms, do not use — or allow any of your personnel to use — the FLUX Services. **1. Definitions.** The following definitions apply throughout these Developer Terms. Where a defined term is also defined in the Developer Terms or the Agreement, the definition below shall supplement or, to the extent of any inconsistency, govern for purposes of these Developer Terms. a) "**Audio Rights**" means all intellectual property and other rights as needed under applicable law to submit, process, and distribute audio content incorporated in an Input, Task, or resulting Output, including without limitation synchronization, master recording, mechanical, and performance rights. b) "**Biometric Data**" means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data, or any analogous term under applicable law. c) "**Content Credentials**" means machine-readable content provenance metadata or digital watermarks embedded in or attached to Outputs pursuant to the C2PA or similar technical standard(s), recording the AI system that generated the content and its generation history. d) "**Deepfake**" means AI-generated, modified or manipulated image, video, or audio content that resembles existing persons (or their likeness), objects, places, entities or events, with the intent or likely effect of deceiving a person into believing such content is authentic or truthful. e) "**Developer Application**" means the application, product, or service developed and operated by Developer through which End Users access the FLUX AI Models. f) "**FLUX AI Models**" means the Company's artificial intelligence models and any Derivatives thereof where modification is permitted. g) "**Input**" means all text, still image, video file, source video, source audio, or other content, prompts or inputs (in any form or medium) submitted or received, directly or indirectly (including via a third-party provider or as a result of a Task) to the FLUX AI Models by Developer (including from a Permitted User on your behalf) or End Users, including in connection with any fine-tuning or low-rank adaptation operation. h) "**Output**" means all content generated by the FLUX AI Models based on Input, including any image, video, or video and audio content. i) "**Tasks**" means an action or result from the FLUX Services or FLUX AI Models undertaken on your behalf, including but not limited to system interactions, intent interpretation, planning, research activities, visual grounding, and use of tools or skills. j) "**Video Generation**" means any video generation modalities made available by the Company as specified in the Company's technical documentation. **2. The FLUX AI Models and Services.** a) **Who May Use the FLUX AI Models and Services.** We develop and offer licenses to an array of artificial intelligence and machine learning models, products, software, tools, and services that we describe in further detail on our developer platform, Documentation (defined below), and FLUX APIs (defined below) (collectively, the “**FLUX Services**”). You may create a developer account and/or use the FLUX Services if you are legally capable of forming a binding contract with us in your respective jurisdiction and not barred from using the FLUX Services under the laws of any applicable jurisdiction. If you are using the FLUX Services on behalf of an entity or other organization, you agree to these Terms for that entity or organization and represent to us that you have the authority to bind that entity or organization to these Terms. You may authorize your employees, affiliates and contractors to use the FLUX Services on your behalf (“**Permitted Users**”), provided you must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You will be responsible for all usage under your account whether or not it is authorized by you. b) **License.** We offer various different products and services as part of the FLUX Services. Depending on what FLUX Service you choose to use, the terms may be different. We describe those terms in the following service-specific sets of terms (the “**Service Terms**”): **[FLUX API Terms](https://bfl.ai/legal/eu-flux-api-service-terms):** FLUX API Terms offer you the ability to access the FLUX AI Models (defined below) hosted on servers operated by or on behalf of us through FLUX API. **[FLUX Self-Hosted Commercial License Terms](https://bfl.ai/legal/eu-self-hosted-commercial-license-terms):** FLUX Self-Hosted Commercial License Terms offers you the ability to self-host the FLUX AI models on your servers for your Developer Application (defined below) and use or fine-tune them to your needs. Each of these Service Terms are incorporated into and made a part of these Terms and if there is any inconsistency between the Service Terms and these Terms, the Service Terms will control solely with respect to the specific applicable FLUX Services you use. c) **Developer Application; End Users.** If you integrate any of the FLUX Services into a service, website, and/or application (“**Developer Application**”), then you must bind the end users of your Developer Application (“**End Users**”) to an enforceable end user agreement, acceptable use policy, and privacy policy that contains terms no less protective of us than those set forth in these Terms and our [Usage Policy](https://bfl.ai/legal/usage-policy). If you become aware, or if we reasonably suspect, that an End User is not in compliance with any such agreements or these Terms, then you will immediately terminate such End User’s access to and use of the FLUX Services, and take any other steps as reasonably requested by us. You are responsible for maintaining the confidentiality of your and your End Users’ unique credentials. You will provide access to the FLUX Services to End Users only in accordance with these Terms and agree that you are solely responsible for all activities that occur on the Developer Application, under End User accounts, or by your End Users. You represent and warrant to us that the Developer Application will, at all times, comply with applicable laws. d) **Beta Offerings.** From time to time, we may offer test features or products as part of the FLUX Services (“**Beta Offerings**”). If you choose to use any Beta Offerings, you agree they are provided “as is” and may contain errors, defects, bugs or inaccuracies that could fail or cause corruption or loss of data and information. As such, you agree that use of any Beta Offerings is at your own risk. We do not provide technical support for any Beta Offerings. If we provide you with access to Beta Offerings, you agree that they are offered on a confidential basis and are our Confidential Information (defined below). e) **Third-Party Offerings.** Third parties may offer products, services, or content through the FLUX Services (“**Third Party Offering**”). If you elect, in your sole discretion, to access or use a Third Party Offering (including by making it available via a Developer Application), your access and use of the Third Party Offering is subject to these Terms and any additional terms applicable to the Third Party Offering. Such Third Party Offerings are not provided by us and are not part of the FLUX Services. Therefore, we shall not be responsible for any such Third Party Offering. **3. Your Content.** a) **Input.** Except as expressly set forth in the Terms, as between you and us, you retain all rights in and to your Inputs. **You are solely responsible for all Inputs you or an End User submit to the FLUX AI Models — including the content, accuracy, and legality of such Inputs.** You must ensure that your Inputs will not violate these Terms, including our [Usage Policy](https://bfl.ai/legal/usage-policy), or any laws or regulations. You represent and warrant that you have sufficient rights in the Input to submit it to the FLUX Services, that such submission to the FLUX Services will not infringe or violate any third party’s intellectual property rights, rights of publicity, privacy rights, moral rights, or contractual rights, and the Input does not contain any materials that you would be prohibited from modifying, transforming or generating as Output (as defined below). **This means that if you upload a photograph, image, video, audio or likeness of any person to the FLUX Services, you represent and warrant that you have obtained any and all required permissions or consents necessary to submit such person’s likeness to the FLUX Services**. For clarity, you are solely responsible for ensuring that all content incorporated in any Input, including images, videos, music, sound recordings, and performances, are either (i) owned by or licensed to you or the relevant End User under rights sufficient to permit submission for AI processing and distribution of any resulting Output, or (ii) in the public domain or otherwise freely usable without a license. b) **Output.** As between you and us, you own all right, title, and interest in and to Output. You understand and acknowledge that, due to the nature of machine learning, the Output (i) may not be unique across users and the FLUX AI Models and Services may generate the same or similar Output for other users, (ii) may contain “hallucinations”, and (iii) may be inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose. You agree that we will not be liable for any damages you or any third party alleges to incur as a result of or relating to any Output. Additionally, you may not generate or use any Output to create a Deepfake, impersonate any real person or falsely attribute Output as having been created or endorsed by any real individual, in each case without the prior written consent of the applicable individual. You agree to evaluate the use of Output before using it, such as by using human review. You further acknowledge that: (i) Outputs generated from Input containing images, videos, audio, music, sound recordings, or performances may themselves incorporate, reproduce, or be derived from all or a portion of such content; (ii) the distribution, public performance, synchronization, or other exploitation of such Outputs may require third party intellectual property rights, including Audio Rights that we do not hold and cannot grant to you; (iii) our disclaimer of ownership under the Agreement does not constitute any clearance, warranty of non-infringement, or representation that Outputs are free of third-party audio copyright claims; and (iv) we may embed Content Credentials or other provenance data in any Output, and we reserve the right to modify the manner and form of such credentials at any time without prior notice to you. c) **Tasks.** As between you and us, we retain all right, title, and interest in and to the methods, processes, and techniques by which Tasks are performed, which constitute Black Forest Labs Technology. You acknowledge that (i) Tasks are performed by the FLUX AI Models in response to your Inputs and may not be visible to or controllable by you in real time, (ii) the manner in which Tasks are performed may change as we update the FLUX Services, (iii) you remain responsible for the consequences of Tasks caused by your Input, and (iv) Tasks may not achieve your intended result. You agree that we will not be liable for any damages you or any third party alleges to incur as a result of or relating to any Task taken as a result of your Input. d) **No Obligation to Pre-Screen Content**. You acknowledge that we have no obligation, and it may be impossible, to pre-screen your (or End User) Input, Task, or Output, although we reserve the right in our sole discretion to do so. Subject to Section 15.b., we also reserve the right to remove any Input, Task, or Output from the FLUX Services that violates these Terms and, if necessary, provide law enforcement with data and any other information relating to your use of the FLUX Services. **4. Ownership.** a) **Black Forest Labs Technology.** We own all right, title, and interest in and to (i) any of the artificial intelligence and machine learning models — including the models’ various elements, such as model weights, algorithms, software, checkpoints, parameters, source code (inference code, evaluation code, fine-tuning code) — that we offer for use as part of the FLUX Services (“**FLUX AI Model(s)**”), (ii) our application programming interface(s) (“**FLUX API**”), and related tools, documentation, data, technology, code, and other materials that we make available to allow you to integrate Developer Applications with the FLUX AI Models and fine-tune the FLUX AI Models (if permitted by us), (iii) any software code we offer for use as part of the FLUX Services, (iv) our and the FLUX AI Model’s names, logos, trademarks, and service marks, (v) any data sets that we create based on your or other users’ use of the FLUX Services, and (vi) any other technology, documentation, artificial intelligence and machine learning models, workflows, products, processes, algorithms, know-how, trade secrets, techniques, designs, inventions, and other tangible or intangible technical material or information that we provide to you under the Terms or as part of the FLUX Services, including in each case all modifications, enhancements, improvements, and Derivatives (defined below) thereof (collectively, “**Black Forest Labs Technology**”). You acknowledge that no intellectual property rights are assigned or transferred to you under these Terms, other than the limited right to access and use the FLUX Services as described herein. To the extent that, by operation of law or otherwise, you obtain any intellectual property rights, interest, or ownership in any Black Forest Labs Technology, you hereby irrevocably assign to us all such rights, and you agree to execute any documents and take any actions reasonably requested by us to evidence or perfect such assignment. To the extent such assignment is not permissible under applicable law (e.g., local copyright law), you hereby grant to us an exclusive, worldwide, perpetual, irrevocable, fully paid-up, freely sublicensable and transferable right to use, exploit and market the respective portion of the Black Forest Labs Technology in any known or unknown manner and by any means, and assigns to us any usage rights in and to the respective portion of the Black Forest Labs Technology to the extent such rights are assignable under applicable law. b) **Your Technology; Output.** As between you and us, we claim no ownership rights in and to your Output and the Developer Application, excluding any Black Forest Labs Technology. You and your End Users may use Outputs for your or their own personal or commercial purposes, subject to any restrictions set forth in these Terms or applicable law. For the avoidance of doubt, Outputs do not include the FLUX Services or any components of the FLUX Services, including the FLUX API, FLUX AI Models, weights, or parameters. We acknowledge that no intellectual property rights are assigned or transferred to us under these Terms, including to any of your Inputs, other than the limited right to access and use Input and Output as described in these Terms. c) **Derivatives.** “**Derivatives**” means anything that would be considered a derivative under law and, whether or not considered a derivative under law, any (i) modified version of a FLUX AI Model (including but not limited to any customized or fine-tuned version of a FLUX AI Model or its weights) and (ii) work based on the FLUX AI Model (but not Output). For the avoidance of doubt, references herein to the FLUX AI Models include Derivatives. As part of the FLUX Services, we may offer you the ability or a license to create or use Derivatives if specified in the specific Service Terms. d) **Feedback.** We welcome feedback, comments, and suggestions for improvements to the FLUX Services. If you provide feedback or suggestions, you agree that we will own all rights in such feedback or suggestions and anything we develop based on such feedback or suggestions. To the extent such assignment is not permissible under applicable law (e.g., local copyright law), the last sentence of Section 4.a. shall apply accordingly to such feedback or suggestions. **5. Intellectual Property Policy and Usage Policy.** a) **Usage Policy.** Our Usage Policy, located at [https://bfl.ai/legal/usage-policy](https://bfl.ai/legal/usage-policy) (“**Usage Policy**”), is incorporated by reference into these Terms and further describes your permitted uses of the FLUX Services. b) **Intellectual Property Policy.** Our Intellectual Property Policy, located at [https://bfl.ai/legal/intellectual-property-policy](https://bfl.ai/legal/intellectual-property-policy), is incorporated by reference into these Terms and describes how we handle claims of intellectual property infringement. **6. Restrictions.** You agree to comply with our [Usage Policy](https://bfl.ai/legal/usage-policy) and any technical documentation that we provide for the FLUX Services, located at [docs.bfl.ml](http://docs.bfl.ml/) (“**Documentation**”). You also agree that you will not, and will not allow or facilitate any third party (including any Permitted User or End User) to: a) Use the FLUX Services, FLUX AI Models, Input, Tasks, or Output in a manner that violates any applicable laws or these Terms; b) Modify, decompile, create Derivative works based upon, or otherwise alter the FLUX Services or FLUX AI Models, unless expressly authorized by us, save as permitted by mandatory law; c) Use the FLUX Services, FLUX AI Models, or Output to develop any product, service, or technology that competes with us or any of our products or services, including using any Task or Output to train, distill or fine tune any other AI models; d) Introduce any viruses, trojan horses, worms, logic bombs, or other materials that may damage, detrimentally interfere with, intercept or expropriate our systems or data; e) Attempt to gain unauthorized access to, interface with, damage, or disrupt the FLUX Services, FLUX AI Models, or the computer systems or networks connected to the FLUX Services or FLUX AI Models; f) Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the FLUX Services or FLUX AI Models; g) Exceed, attempt to exceed, or circumvent limitations on access, calls, and use of the FLUX Services or FLUX AI Models or use the FLUX Services or FLUX AI Models in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage; h) Use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the FLUX Services to monitor, extract, copy or collect information or data from or through the FLUX Services, or engage in any manual process to do the same; i) Remove, disable, alter, obscure, any Content Credentials or represent to End Users or third parties that (i) Outputs are free of content provenance metadata or (ii) any Task or Output was human-generated; j) Upload images of individuals to the FLUX Services or FLUX AI Models without their consent or use the FLUX Services or FLUX AI Models in a harassing, threatening, abusive, inflammatory, harmful, hateful, cruel, insensitive, deceptive, or otherwise objectionable manner; k) Upload images, videos or personal data to the FLUX Services or FLUX AI Models relating to individuals under the age of 18; or l) Violate any applicable export control and trade sanctions laws (“**Export Laws**”) in connection with use of the Black Forest Labs Technology; or directly or indirectly distribute, export, or otherwise transfer the Black Forest Labs Technology (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on applicable restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons, or missile technology applications. Nothing in this Section 6.l., or any provision of these Developer Terms, shall require any actions or omissions from you that would violate EU law or the law of any EU member state, including without limitation Article 5 of the EU Blocking Regulation (Regulation (EC) No 2271/96). **7. Fees, Subscriptions, and Payment.** a) **Fees.** Fees for the FLUX Services are available at [https://bfl.ai/pricing](https://bfl.ai/pricing) (“**Fees**”). We reserve the right to update the Fees, prices, and payment plans for the FLUX Services at our discretion, and any changes will be effective in the subsequent billing period after the update is made. We may use a third-party payment processor (such as Stripe) to bill you through a payment account linked to your account for use of the FLUX Services. The processing of payments through a payment processor will be subject to the terms, conditions, and privacy policies of the payment processor. b) **Prepaid Credits**. We may offer credits ("Prepaid Credits") for purchase in various amounts through your account, and we may use a third-party payment processor (such as Stripe) to bill you for the purchase of such credits. The Prepaid Credits may be used to pay for any Fees for the Services. Prepaid Credits expire twelve (12) months after purchase and may only be used while you have an active account with us. Once purchased, the Prepaid Credits are non-refundable. c) **Subscriptions.** Some of the FLUX Services may consist of a one-time charge for an initial period, followed by recurring periodic and/or additional usage charges or a subscription plan with recurring charges and additional usage charges. Under these plans, you will be billed on a recurring basis on the first day of each billing period and you will pay — and you authorize us (or a payment processor or the applicable third party, if you sign up through a third party) to charge your payment method — the then-current subscription fee. By choosing a recurring payment plan or subscription, you acknowledge that the applicable FLUX Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU TERMINATE THE TERMS OR PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE COULD REASONABLY UPDATE OR TERMINATE YOUR PLAN OR SUBSCRIPTION. d) **Auto-Renewal.** If you have agreed to a subscription plan, the subscription for the FLUX Services will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current rate for the applicable service (which rates are subject to change at any time at our discretion as mentioned above). If you cancel or terminate your use of the FLUX Services, you may use your subscription until the end of your then-current payment period and, after that, your subscription will not be renewed. However, you will not be eligible for a prorated refund of any portion of the subscription fee already paid for the then-current subscription period. We reserve the right to decline to renew any subscription at any time in our sole discretion. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING BASIS UNDER THESE ONLINE TERMS, YOU MUST CANCEL YOUR SUBSCRIPTION TO THE FLUX SERVICES THROUGH YOUR ACCOUNT (IF OFFERED AS A WAY TO CANCEL BY US) OR TERMINATE YOUR ACCOUNT BY CONTACTING US AT SUPPORT@BLACKFORESTLABS.AI BEFORE THE END OF THE RECURRING TERM. e) **Disputes.** You may only raise a dispute over Fees in good faith and within thirty (30) days of receipt of an invoice or when you were charged under a subscription. If you do so, you will pay us any undisputed Fees. You will work diligently with us to resolve any Fee disputes as soon as reasonably possible. You will pay disputed amounts, if owed, to us within thirty (30) days after the dispute is resolved. Any amounts due to us under the Terms not received by the date due will be subject to a late charge of one percent (1%) per month, or the maximum charge permitted by law, whichever is less. All payments amounts due hereunder shall be paid in U.S. dollars, unless otherwise stated by us. We may change the Fee structure for use of the FLUX Services at any time, at our sole discretion. f) **Taxes.** Each party will be responsible for any taxes based on its income and receipts. We may charge, and you will be responsible for paying, any national, state, and local sales, use, excise, ad valorem, value-added, consumption, and other taxes and duties imposed on your use of the FLUX Services, but not including any taxes based on our payroll or income. g) **Audit.** We will have the right upon reasonable prior written notice and at our expense, to have an independent certified public accountant inspect and audit your books and records to verify the accuracy of the fees paid to us, including evidence reasonably necessary to verify the accuracy of any usage-based fees. Any such inspection and audit will be conducted during regular business hours and shall not unreasonably interfere with your business activities. If any audit should disclose an underpayment, you will promptly pay such amount to us within thirty (30) days from notice thereof. Additionally, if any audit reveals an underpayment in excess of five percent (5%) of the amount owed, the fees and expenses relating to such audit shall be borne entirely by you. **8. Confidentiality.** You agree that any information provided to you in connection with these Terms that you know or reasonably should know is confidential (“**Confidential Information**”), will only be used as necessary to exercise your rights under these Terms and will be confidential and not disclosed to any third party, unless the Confidential Information becomes public through no fault of yours, is otherwise communicated to you free of any obligation of confidence, or is independently developed by you without use of the Confidential Information. You agree to protect Confidential Information in the same manner you would protect your own confidential information. **9. Image, Likeness, and Voice** a) **Consent Requirement.** Where Input contains, or can cause a Task or FLUX AI Model to generate an Output that contains or realistically simulates, the name, image, likeness and/or voice of a natural person (“**Identifiable Persons**”), Developer represents and warrants on a continuing basis that Developer or the relevant End User has obtained the informed, documented consent of such person (or their lawful representative) for: (a) the submission of such Identifiable Persons as Input to the FLUX AI Model; and (b) the intended use and distribution of any resulting Output. b) **Acknowledgment Regarding Outputs.** Developer acknowledges that: (i) Outputs may incorporate or realistically simulate Identifiable Persons, and that the use of such Outputs may be subject to such persons' rights of publicity, personality rights, right of voice, right of image, or similar rights under applicable law, independently of any intellectual property considerations; (ii) Developer is solely responsible for obtaining any and all necessary permissions, consents, waivers, licenses or releases required by applicable law for the intended use of any Output that incorporates or simulates a person's Identifiable Person; and (iii) The Company's disclaimer of ownership does not constitute any clearance, authorization, or representation with respect to such rights, and the Company shall have no liability in respect of claims arising from the use of a person's Identifiable Person in any Input, Task, or Output. **10. Biometric Data.** Certain data, which may include data of Identifiable Persons incorporated in Input or derived from Outputs (including voice data processed in connection with Video Generations), may constitute Biometric Data. To the extent that Developer (via End Users or otherwise) submits Input or receives Outputs containing or derived from Biometric Data, Developer shall: (a) comply with all applicable laws related to Biometric Data, including obtaining all required consents, providing all notices, publishing all policies, and complying with all Biometric Data retention periods; (b) not use any FLUX AI Model to build, enhance, or augment any facial recognition or surveillance system; and (c) include in its End User-facing privacy notice and End User terms an accurate description of any Biometric Data processing that occurs in connection with the Developer Application and any other disclosures required by applicable laws related to Biometric Data or privacy. The Company reserves the right to remove Biometric Data at any time if it determines in its sole discretion that any of the foregoing requirements have not been complied with. **11. Representations and Warranties.** Company warrants that during the term for which you are entitled to use the respective FLUX Services, the FLUX API and FLUX AI Model(s) are free from defects in quality or defect in title (each a “**Defect**”). The FLUX API and FLUX AI Model(s) are considered free from a Defect in quality if they perform materially in accordance with the Documentation. If you notify us of a Defect in writing we will rectify the reported Defect within a reasonable period of at least thirty (30) days of receiving notice of the Defect, or if we determine such remedy to be impracticable or fails to rectify it within that period twice, you may terminate the affected FLUX Service for cause and receive a pro-rata refund of prepaid Fees for the terminated portion of the Term. You shall cooperate with us by providing any required information, documentation and other assistance that we reasonably require to rectify the Defect. For Defects of title that are based on a third-party claim alleging that the FLUX API and FLUX AI Model(s) infringe their intellectual property rights, we will, at our election, either: (i) procure the rights to use that portion of the FLUX Services alleged to be infringing; (ii) replace the alleged infringing portion of the FLUX Services with a non-infringing alternative; (iii) modify the alleged infringing portion of the FLUX Services to make it non-infringing; or (iv) where none of the aforementioned alternatives are commercially or technically feasible, terminate the allegedly infringing portion of the FLUX Services. The warranty set forth in Section 11 shall not apply to the extent that any non-conformity or defect is caused by or results from: (i) your or your user’s misuse, unauthorized modification, or use of the FLUX Services in a manner not permitted by these Terms or Documentation; (ii) your or your End Users' combination of the FLUX Services with third-party software, hardware, or services not approved by us; (iii) your failure to implement updates, patches, or modifications made available by us; (iv) Force Majeure events; (v) actions or omissions of you, your users, or third parties; (vi) Input provided by you or your users; or (vii) your failure to meet the technical requirements or specifications set forth in the Documentation. To the extent that the FLUX Services are considered a lease under a lease agreement (*Mietvertrag*), nothing in this Section 11 shall exclude or limit any statutory warranty rights that you may have under mandatory provisions of German law due to Defects, and these statutory rights shall apply subject to the provisions in this Section 11 and Section 13. To the extent permitted by applicable law, the remedies set out in this Section 11 are your sole remedies for breach of the warranties provided therein. **12. Indemnification.** You agree to indemnify, defend and hold us and Company Entities harmless from and against any and all actions, causes of actions, claims, demands, liabilities, losses, judgments, damages or expenses (collectively, “**Indemnity Claims**”) which we may at any time incur, sustain or become subject to by reason of any Indemnity Claim: brought by a third party and arising from your or, if applicable, your End User’s (i) breach of these Terms or any applicable law or regulation, (ii) operation of a Developer Application, (iii) violation of any rights of any third party, (iv) misuse of the FLUX Services or FLUX AI Models, (v) content, Input, or Tasks (to the extent such content, Input, or Task form the basis of such third-party claim), (vi) use or distribution of Output, (vii) fine-tuning of any FLUX AI Model, and (viii) negligence or willful misconduct, or brought by an End User. You will pay all costs, damages, and expenses incurred by us, including reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such Indemnity Claim, provided that we notify you of any such Indemnity Claim, and give you control of the defense and any settlement of such Indemnity Claim. If you do not timely and adequately conduct such defense, we may, at our option and at your expense, conduct such defense, contest, litigate or settle the Indemnity Claim using counsel of our own choice without prejudice to our right of indemnification. We will have the right to be represented by counsel at our own expense in any such contest, defense, litigation or settlement conducted by you. **13. Limitation of Liability.** Nothing in these Developer Terms shall limit either party’s liability for (i) damages caused by willful intent or gross negligence; (ii) injury to life, body or health resulting from the negligence of either party, by either party’s legal representative or by a person deployed to perform an obligation of either party; (iii) a breach of a guarantee of quality (*Beschaffenheitsgarantie*); (iv) fraud or fraudulent misrepresentation; (v) claims under the German Product Liability Act (*Produkthaftungsgesetz*) or other applicable mandatory law which must not be limited; or (vi) its payment obligations under these Terms. In other cases of ordinary negligence, either party is only liable where an obligation has been breached which must be fulfilled to facilitate the implementation of these Terms and those obligations upon which the parties regularly rely (cardinal obligations (*Kardinalpflichten*)). In the event of a breach of a cardinal obligation, liability is limited to the typically foreseeable damages. Any other liability for damages caused by ordinary negligence is excluded. We shall not be liable for damages based on Defects in the meaning of Section 536 German Civil Code (Bürgerliches Gesetzbuch, BGB) that already exist when the applicable agreement for the respective FLUX Service is entered into for which we are not responsible within the meaning of the German Civil Code (*die wir nicht zu vertreten haben*). To that extent, Section 536a paragraph 1, 1st alt. German Civil Code shall not apply. Statute of Limitation. Subject to Section 13.a., all damages claims will become statute-barred 2 years after the claim arose and the claiming party became aware of it or should have become aware of it without showing gross negligence, or 3 years regardless of the claiming party's awareness. Subject to Section 13 lit. a, the parties agree that the typically foreseeable damage under Section 13 lit. b shall not exceed the total amount of fees paid by you for the FLUX Services during the 6 month period before the respective event giving rise to liability, and the parties therefore agree that each party's total aggregate liability for damages arising out of or relating to this these Terms shall be limited to the aforesaid amount. For the avoidance of doubt, in case of multiple events, any liability amounts paid for prior events will be deducted from the cap applicable at the time of the current event. Subject to Section 13 lit. a, under no circumstances shall either party be liable to the other party for (i) loss of profits, (ii) loss of anticipated savings, (iii) loss of business opportunity, (iv) loss of reputation, (v) loss of goodwill, or, (vi) any indirect, incidental, punitive, consequential, special or exemplary damages (even if such damages are foreseeable or that party has been advised or has constructive knowledge of the possibility of such damages). **14. Release.** You hereby release and forever discharge us and our predecessors, successors, and their respective parent corporations, affiliates, related, and/or subsidiary entities, and all of their past and present investors, directors, shareholders, officers, general or limited partners, employees, attorneys, agents and representatives (the “**Company Releases**”), from and against any and all claims, debts, demands, accounts, judgments, rights, causes of action, equitable relief, damages, costs, charges, complaints, obligations, promises, agreements, controversies, suits, expenses, compensation, responsibility and liability of every kind and character whatsoever (including attorneys’ fees and costs), whether in law or equity known or unknown, asserted or unasserted, suspected or unsuspected (collectively, “**Released Claims**”), arising directly or indirectly, out of or related to any Task, Output, content filtering, and content moderation, or the failure to implement adequate content filtering or content moderation. **15. Term, Termination, and Suspension.** Unless set forth in the Service Terms, these Terms are effective when you first use the FLUX Services by creating an account or via any other means and will remain in effect until terminated pursuant to this Section or the applicable Service Terms. You may terminate these online Terms and your access or license to the FLUX Services at any time for any reason by canceling your subscription to the applicable FLUX Service in the manner we offer to you on the dashboard or emailing us at support@blackforestlabs.ai, subject to Section 7. Subject to Section 15.b., we may also suspend or terminate your access to the FLUX Services if (i) you do not have an active subscription plan or account to use a FLUX Service (ii) this is required to maintain the security and integrity of the FLUX Services, (iii) this is required to comply with applicable laws or a binding order of a court or governmental body, (iv) you have materially breached these Terms, or (v) you are subject to a dissolution, receivership, liquidation, insolvency, conservatorship, consolidation, reorganization, cessation of business, voluntary or involuntary bankruptcy, it would be unreasonable for us to continue to provide the FLUX Services to you until the first possible date for a termination for convenience. We will (i) limit any suspension, termination or removal (as applicable) to those users, FLUX Services or content that are the reason for such action, (ii) where legally permitted, provide you with reasonable prior notice of the suspension, termination or removal (as applicable), and the reason for it, to enable you to cure the breach and avoid suspension, termination or removal, respectively, unless such prior notice is unreasonable due to the nature or severity of the breach or its potential consequences, and (iii) in case of a suspension, restore your access to the suspended FLUX Services or content in a timely manner if the reason for the suspension ceases to exist. We will act in a diligent, objective and proportionate manner in applying and enforcing any suspension, termination or removal, with due regard to the rights and legitimate interests of all parties involved, including the fundamental rights of the recipients of the service, such as the freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms as enshrined in the Charter of Fundamental Rights of the European Union. Regardless of who terminates these Terms, both you and us continue to be bound by Sections 2, 3, 4, 6, 7 (but only to the extent there are remaining fees owed or we initiate an audit), 8,11, 12, 13 and 17. **16. Modifying the FLUX Services and these Terms.** We’re relentlessly improving the FLUX Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop providing any of the FLUX Services altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand. You acknowledge and agree that any such modifications may affect your ability to access or use the FLUX Services and may require you to make changes to any integrations you have built in a Developer Application with the FLUX Services, at your sole cost and expense. We will not be liable for any costs that you incur, lost profits, or damages of any kind arising out of or in connection with any modifications, even if we do not provide notice. This also means we may update these Terms to reflect any changes to the FLUX Services or FLUX AI Models or how we provide them, as well as to comply with legal requirements, or for other legal or security reasons. If changes to these Terms are material, we will endeavor to provide you with advance notice, however, we will not be liable for any costs, lost profits, or damages you may incur from any updates to our Terms or lack of notice. If you continue to use the FLUX Services once the changes come into effect, that will be deemed acceptance to any of the changes. **17. Miscellaneous.** a) **Assignment**. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or through a change of control such as through a merger, acquisition, or sale of all or substantially all of our assets. Subject to the foregoing limitation on assignment, these Terms are binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. b) **No Agency Relationship**. The relationship between the parties will not be construed as a joint venture, partnership or principal-agent relationship, and under no circumstances will any of the employees of one party be deemed to be employees of the other party for any purpose. These Terms will not be construed as authority for either party to act for the other in any agency or any other capacity. c) **Third Party Beneficiaries**. These Terms are not intended and will not be construed to create any rights or benefits upon any person not a party to these Terms. d) **Costs and Expenses**. Unless specifically provided for elsewhere in these Terms, each party will bear its own costs and expenses, including legal fees, accounting fees and taxes incurred in connection with the performance of these Terms. e) **Entire Agreement**. These Terms, including any exhibits or other documents attached hereto or referenced herein, each of which is hereby incorporated herein and made an integral part hereof, constitutes the entire agreement between the parties relating to the subject matter hereof and there are no representations, warranties or commitments except as set forth herein. These Terms supersede all prior understandings, negotiations and discussions, written or oral, of the parties relating to the transactions contemplated by these Terms. f) **Governing Law**. These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict of laws rules, and any disputes arising out of or relating to any of the same shall be finally resolved by arbitration in Zurich, Switzerland, under the ICC Rules, before a single arbitrator, in the English language. g) **Provisions Severable**. If any provision of these Terms will be or become wholly or partially invalid, illegal or unenforceable, such provision will be enforced to the extent that it is legal and valid and the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired. These Terms will be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. h) **Waivers; Cumulative Remedies**. No failure or delay by a party to insist upon the strict performance of any term or condition under these Terms or to exercise any right or remedy available under these Terms at law or in equity, will imply or otherwise constitute a waiver of such right or remedy, and no single or partial exercise of any right or remedy by any party will preclude exercise of any other right or remedy. All rights and remedies provided in these Terms are cumulative and not alternative; and are in addition to all other available remedies at law or in equity. i) **Force Majeure.** You agree that we will not be liable to you for any failure to provide the FLUX Services during any period in which our performance is delayed or adversely affected as a result of circumstances beyond our control, including, but not limited to, fire, flood, war, pandemic, plague, epidemic, outbreaks of infectious disease, or any other public health crisis, including quarantine or other employee restrictions, act of authority whether lawful or unlawful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, embargo, strike, riot, civil unrest, or disputes with suppliers or vendors. j) **How to Contact Us**. You may contact us regarding these Terms at: Ingeborg-Krummer-Schroth-Straße 18, 79106 Freiburg im Breisgau, Germany, or by email at contact@blackforestlabs.ai. ### EU Self-Hosted Commercial License Terms https://bfl.ai/legal/eu-self-hosted-commercial-license-terms · Updated 2026-08-26 These EU FLUX [dev] Self-Hosted Commercial License Terms (“Commercial License Terms”) govern your access, download, and hosting of certain FLUX AI Models. They are a part of, and incorporated into, the Black Forest Labs Developer Terms of Service (“Developer Terms”), if you are located in the European Union or have a place of establishment in the European Union. By agreeing to these Commercial License Terms, you also agree to the Developer Terms (found at [https://bfl.ai/legal/eu-developer-terms-of-service](https://bfl.ai/legal/developer-terms-of-service)) (collectively, the “Terms”). Capitalized terms used but not otherwise defined in these Commercial License Terms have the meanings given to them in the Developer Terms. In the event of any conflict between these Commercial License Terms and the Developer Terms, these Commercial License Terms will control, but solely with respect to your access, download, and hosting of our FLUX AI Models. **1. Self-Hosting.** We make certain FLUX AI Models – and various elements of the models, such as the algorithms, software, checkpoints, parameters, source code (inference code, evaluation code, and fine-tuning code) – available for download and hosting via our and third-party developer platforms. These models and their elements are branded “FLUX [dev]” (collectively, the “FLUX [dev] Models”). These Commercial License Terms will allow you to create and host FLUX [dev] Models and Derivatives of the FLUX [dev] Models that we make available for self-hosting on the developer platform and that you choose to use (“Licensed FLUX [dev] Models”), solely for the purpose of integrating them into a Customer Application. These Commercial License Terms do not grant you a license to use, download, access, or make Derivatives of any FLUX AI Model that is not made available by us for self-hosting via the developer platform or any FLUX [dev] Model or Derivatives of that FLUX [dev] Model that you have not selected for use on our developer platform. **2. License**. If you choose to self-host a Licensed FLUX [dev] Model then, subject to the Terms, we grant you a limited, non-exclusive, worldwide, non-transferable, non-sublicensable license to (i) download, install, host, access, and use a copy of the Licensed FLUX [dev] Model you selected (and we offered for use) on the developer platform, (ii) download, create and store permitted Derivatives of the same Licensed FLUX [dev] Model, and (iii) integrate the same Licensed FLUX [dev] Model or permitted Derivatives into your Customer Application for access by your End Users. This license does not include the right — and you are expressly prohibited from — distributing Licensed FLUX [dev] Models, FLUX [dev] Models, FLUX AI Models, or Derivatives to third parties through an application program interface (“API”) endpoint, reselling the Licensed FLUX [dev] Models, FLUX [dev] Models, FLUX AI Models, or Derivatives, or distributing the Licensed FLUX [dev] Models, FLUX [dev] Models, FLUX AI Models, or Derivatives to third parties via any means not expressly provided in these Terms. Any restrictions set on the FLUX AI Models in these Commercial License Terms or the Developer Terms also apply to Licensed FLUX [dev] Models and Derivatives. If you wish to provide a FLUX [dev] Model or FLUX AI Model to your users through an API, please contact sales. **3. Fees.** Fees for the use of a FLUX AI Model pursuant to these Commercial License Terms are available at https://bfl.ai/pricing/licensing. The Fees may be charged up-front and/or over time as a subscription, depending on the plan you choose. **4. Content Filters and Labelling.** As part of your use of a Licensed FLUX [dev] Model, you must (i) implement and maintain content filtering measures for your use of the Licensed FLUX [dev] Model or permitted Derivatives to prevent the creation, display, transmission, generation, or dissemination of unlawful or infringing content, or (ii) ensure Output undergo review for unlawful or infringing content before public or non-public distribution, display, transmission or dissemination. You must follow applicable law for your use of the Licensed FLUX [dev] Model or permitted Derivatives to create, display, transmit, generate, or disseminate harmful content. You must comply with applicable law on content provenance measures in your use of the FLUX [dev] Model or permitted Derivatives. We do not warrant that the FLUX Services or any licensed FLUX [dev] Model will integrate or function with your content filtering. We have no control over your content filtering and content provenance measures, and you are responsible for any change, update, or reengineer to your content filtering, content provenance, or the Customer Application at your own cost that may be required to enable them to be compatible and/or interface with the FLUX Services or any licensed FLUX [dev] Model and to comply with applicable law. We reserve the right to require you to use reasonable (*zumutbare*) content filtering and content provenance controls we provide or endorse. In addition to your indemnification obligations in the Developer Terms, you agree to indemnify and defend us from any third-party claims based on your, or your End Users, Output, including your content filtering, content moderation, or content provenance measures, or the failure to implement any of the foregoing. **5. Maintenance, Updates, and Removal.** We will have no obligation to provide any updates, maintenance, support, installation, or training services for the Licensed FLUX [dev] Models or Derivatives. We may publicly release a new version or update of any FLUX AI Models containing improvements, adjustments, enhancements, error-fixes, or modifications (“Updates”) or remove any FLUX AI Model at any time, in our sole discretion. To the extent you previously downloaded and acquired a license to a Licensed FLUX [dev] Model before its removal, you may continue to use that Licensed FLUX [dev] Model subject to continued payment of any Fees, unless we notify you that you must delete and stop using it or any Derivatives. You agree that you will delete and stop using any Licensed FLUX [dev] Model, FLUX [dev] Model, FLUX AI Model, or Derivative we notify you must be deleted. Your use of any version of a FLUX [dev] Model that has been removed or that is not the latest version available to you is entirely at your own risk, and we will have no responsibility or liability to you in any way in connection with such use. You may purchase Updates any time after they are released, subject to any applicable Fees. We are not responsible for any of your costs required to implement, host, or begin using any Updates. **6. Reporting.** As part of your use of a Licensed FLUX [dev] Model, you must provide us certain data related to your use of the Licensed FLUX [dev] Model or Derivatives, such as the number of images that are generated by the Licensed FLUX [dev] Models or Derivatives, or we may require you to use software to track and report usage to us. You agree to provide us those metrics or use any required software to collect that data for us. **7. Model Deletion.** In the event that your license to use any particular Licensed FLUX [dev] Model expires or terminates — including with respect to all Licensed FLUX [dev] Models in the event of termination or expiration of the Terms or these Commercial License Terms — you agree to immediately cease all use of, and delete, the applicable Licensed FLUX [dev] Models, Derivatives, and any related Black Forest Labs Technology from any and all of your systems and Customer Applications. **8. FLUX API Use.** These Commercial License Terms do not grant you access to use the FLUX API to access our FLUX AI Models. If you would like to use the FLUX API, please see the EU FLUX API Service Terms. ### Early Access Program — Terms & Conditions https://bfl.ai/legal/eap-terms-of-service · Updated 2026-07-13 #### 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; 1. 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; 1. 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 1. 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. ### FLUX API Service Terms https://bfl.ai/legal/flux-api-service-terms · Updated 2026-08-04 *These API Service Terms apply if you reside outside the European Union (EU). If you live in the EU these [EU API Service Terms](https://bfl.ai/legal/eu-api-service-terms) apply to you.* These FLUX API Service Terms ("**API Terms**") govern Developer's access to and use of the FLUX AI Models via the FLUX API. These API Terms are part of, and incorporated into, the Black Forest Labs Developer Terms of Service ("**Developer Terms**"). By agreeing to these API Terms, Developer also agrees to the Developer Terms (found at [https://bfl.ai/legal/developer-terms-of-service](https://bfl.ai/legal/developer-terms-of-service)) (collectively, the "Terms"). Capitalized terms used but not otherwise defined in these API Terms have the meanings given to them in the Developer Terms. In the event of any conflict between these API Terms and the Developer Terms, these API Terms will control, but solely with respect to Developer's access and use of the FLUX AI Models via the FLUX API. Where an Order Form to a FLUX Model API Services Agreement specifies these API Terms, these API Terms are also incorporated by reference into the applicable FLUX Model API Services Agreement and accompanying Order Form (together, the "Agreement"). In the event of any conflict between these API Terms and the rest of the Agreement with respect to Flux AI Model-specific matters, these API Terms shall control. Capitalized terms not defined in these API Terms have the meanings given in the Agreement. **1. The FLUX API and FLUX AI Models** The FLUX API allows Developer to integrate the Developer Application with the FLUX AI Models and, if permitted, fine-tune the FLUX AI Models via interaction with an API that we control. **2. Licenses** a. License to the FLUX API. If Developer chooses to use the FLUX API, and subject to the Terms, the Company grants Developer a limited, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the FLUX API, FLUX AI Models, and Derivatives of the FLUX AI Models if permitted through the FLUX API (such as the fine-tuning of a FLUX AI Model) solely to develop and operate integrations whereby End Users of a Developer Application can interface with the FLUX AI Models from within the Developer Application. Developer may not allow access to the FLUX API, FLUX AI Models, or Derivatives from any source other than the Developer Application. This means that Developer may not host (or authorise or direct a third party to host) an API endpoint to any FLUX AI Models that allows third parties to integrate or otherwise use the FLUX AI Models in or with their own products or services under these API Terms. b. License to the Company. Developer grants the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, sub-license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Developer's Input and Output for the purpose of operating the FLUX Services, improving the Company's products and services, and developing new products and services. Developer acknowledges that the foregoing means the Company may use Inputs and Outputs to train and improve its artificial intelligence models, algorithms, and related technology, products, and services. **3. Fees** Fees for the use of the FLUX AI Models through the FLUX API are available at https://bfl.ai/pricing/api/. Fees may be charged up-front and then used as credits on submitted Inputs. Developer may purchase prepaid credits for use with the FLUX API at then-current prices as published by the Company. The Company may offer credits in various quantities or packages at its discretion. All credit purchases are non-refundable and must be used in accordance with the Terms. **4. Rate Limits** Developer will not attempt to exceed or circumvent limitations on access, calls, and use of the FLUX API ("Rate Limits"), or otherwise use the FLUX API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage (in the Company’s sole discretion), or otherwise does not comply with these Terms. If Developer exceeds, or the Company reasonably believes that Developer has attempted to circumvent, the Rate Limits or controls to limit use of the FLUX API, then Developer's ability to use the FLUX API and/or FLUX Services may be temporarily suspended or permanently blocked. Developer understands and agrees that the specifications for the FLUX API shall be defined by the Company in its sole discretion, and Developer is responsible for the development and other costs associated with integrating with the FLUX API and FLUX AI Models. **5. Developer Inputs, Outputs, and Storage** Developer is solely responsible for all Input submitted through the Developer Application, including Source Video. Developer shall implement reasonable content screening mechanisms to prevent the submission of Input that violates the Terms or the FLUX Usage Policy. Video Outputs are made available via a time-limited retrieval URL or equivalent mechanism as specified in the applicable Order Form or the Company's technical documentation. Developer is responsible for downloading and storing Outputs within the applicable retrieval window. The Company does not guarantee long-term storage of Video Outputs and may delete them after expiry of the retrieval window. **6. Technical Parameters and Modifications** Outputs are subject to the technical parameters set out in the applicable Order Form and the Company's technical documentation (found at https://docs.bfl.ai/quick_start/introduction), including Video Duration Limits, maximum output resolution, maximum frame rate, and supported file formats. Developer shall not attempt to circumvent such parameters through prompt engineering, API call chaining, or any other method. The Company may modify, change, update, and/or enhance the FLUX API and/or the FLUX AI Models, or any specifications or functionalities of the FLUX API and/or FLUX AI Models (a "**Modification**"), at any time in the Company's sole and exclusive discretion. Developer acknowledges and agrees that such Modifications may affect any Developer Application's ability to access or fine-tune any FLUX AI Model and may require Developer to make changes to the Developer Application at Developer's cost to continue to integrate with the FLUX API and/or FLUX AI Models. The Company will not be liable for any costs incurred by Developer, lost profits or damages of any kind arising out of or in connection with any Modifications. **7. Usage Policy** The Company maintains a FLUX Usage Policy at bfl.ai/legal/usage-policy, setting out guidance and additional prohibited use cases for the FLUX AI Models, including in connection with Video Generations. The FLUX Usage Policy is incorporated by reference into these API Terms and forms part of the Terms; in the event of any conflict between the FLUX Usage Policy and these API Terms, these API Terms shall control. The Company may update the FLUX Usage Policy on reasonable notice. Developer's End User-facing terms and acceptable use policies must be at least as restrictive as the FLUX Usage Policy with respect to the FLUX AI Models and Video Generations. **8. Self-Hosting** These API Terms do not grant Developer the right to download, self-host, or make derivatives of the FLUX [dev] Model. If Developer would like to have the opportunity to self-host the FLUX [dev] Models, please see the FLUX [dev] Self-Hosted Service Terms (found at [https://bfl.ai/legal/self-hosted-commercial-license-terms](https://bfl.ai/legal/self-hosted-commercial-license-terms)). **9. General** a. Updates. The Company may update these API Terms by posting a revised version at the URL specified in the applicable Order Form or the Company's website. It is Developer’s sole responsibility to review these API Terms from time to time to view any updates. Continued use of the FLUX API or any Video Generation following the effective date of an updated version of these API Terms constitutes acceptance of such modified API Terms. b. Relationship to Developer Terms and Agreement. These API Terms supplement and do not replace the Developer Terms or the Agreement. All other terms and conditions of the Developer Terms or the Agreement continue to apply to Developer's use of the FLUX AI Models. c. Severability and Waiver. If any provision of these API Terms is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. No failure or delay by the Company in exercising any right or remedy under these API Terms shall operate as a waiver of such right or remedy. d. Contact. Questions regarding these API Terms may be directed to: legal@blackforestlabs.ai. ### FLUX [dev] Non-Commercial License v2.0 https://bfl.ai/legal/non-commercial-license-terms · Updated 2025-11-25 **Black Forest Labs** FLUX [dev] Non-Commercial License v2.0 *Last Updated: November 25, 2025* Black Forest Labs Inc. (“we” or “our” or “Company”) is pleased to make the weights, parameters, and inference code for the FLUX [dev] Models (as defined below) freely available for your non-commercial and non-production use as set forth in this FLUX [dev] Non-Commercial License (“License”).“Models” includes the models denoted as FLUX.x [dev], where “.x” denotes the FLUX model version number, including but not limited to FLUX.1 [dev], FLUX.1 Fill [dev], FLUX.1 Depth [dev], FLUX.1 Canny [dev], FLUX.1 Redux [dev], FLUX.1 Canny [dev] LoRA, FLUX.1 Depth [dev] LoRA, FLUX.1 Kontext [dev], FLUX.1 Krea [dev], and FLUX.2 [dev], and their elements which includes algorithms, software, checkpoints, parameters, source code (inference code, evaluation code, and if applicable, fine-tuning code) and any other materials associated with the FLUX [dev] AI models made available by Company under this License, including if any, the technical documentation, manuals, and instructions for the use and operation thereof (individually and collectively, the “FLUX [dev] Models”). Note that we may also make available certain elements of what is included in the definition of “FLUX [dev] Model” under a separate license, such as the inference code, and nothing in this License will be deemed to restrict or limit any other licenses granted by us in such elements. By downloading, accessing, using, Distributing (as defined below), or creating a Derivative (as defined below) of the FLUX [dev] Model, you agree to the terms of this License. If you do not agree to this License, then you do not have any rights to access, use, Distribute or create a Derivative of the FLUX [dev] Model and you must immediately cease using the FLUX [dev] Model. If you are agreeing to be bound by the terms of this License on behalf of your employer or other entity, you represent and warrant to us that you have full legal authority to bind your employer or such entity to this License. If you do not have the requisite authority, you may not accept the License or access the FLUX [dev] Model on behalf of your employer or other entity. 1. Definitions. a. “Derivative”means any (i) modified version of the FLUX [dev] Model (including but not limited to any customized or fine-tuned version thereof), (ii) work based on the FLUX [dev] Model, or (iii) any other derivative work thereof. For the avoidance of doubt, Outputs are not considered Derivatives under this License. b. “Distribution” or “Distribute” or “Distributing” means providing or making available, by any means, a copy of the FLUX [dev] Models and/or the Derivatives as the case may be. c. “Non-Commercial Purpose” means any of the following uses, but only so far as you do not receive any direct or indirect payment arising from the use of the FLUX [dev] Model, Derivatives, or Content Filters (as defined below): (i) personal use for research, experiment, and testing for the benefit of public knowledge, personal study, private entertainment, hobby projects, or otherwise not directly or indirectly connected to any commercial activities, business operations, or employment responsibilities; (ii) use by commercial or for-profit entities for testing, evaluation, or non-commercial research and development in a non-production environment; and (iii) use by any charitable organization for charitable purposes, or for testing or evaluation. For clarity, use (a) for revenue-generating activity, (b) in direct interactions with or that has impact on end users, or (c) to train, fine tune, or distill other models for commercial use, in each case, is not a Non-Commercial Purpose. d. “Outputs” means any content generated by the operation of the FLUX [dev] Models or Derivatives from an input (such as an image input) or prompt (i.e., text instructions) provided by users. For the avoidance of doubt, Outputs do not include any components of the FLUX [dev] Models, such as any fine-tuned versions of the FLUX [dev] Models, the weights, or parameters. e.“you” or “your” means the individual or entity entering into this License with Company. 2. License Grant. a. License. Subject to your compliance with this License, Company grants you a non-exclusive, worldwide, non-transferable, non-sublicensable, revocable, royalty free, and limited license to access, use, create Derivatives of, and Distribute the FLUX [dev] Models and Derivatives solely for your Non-Commercial Purposes. The foregoing license is personal to you, and you may not assign or sublicense this License or any other rights or obligations under this License without Company’s prior written consent; any such assignment or sublicense will be void and will automatically and immediately terminate this License.Any restrictions set forth herein regarding the FLUX [dev] Model also apply to any Derivative you create or that are created on your behalf. b. Non-Commercial Use Only.You may only access, use, Distribute, or create Derivatives of the FLUX [dev] Model or Derivatives for Non-Commercial Purposes.If you want to use a FLUX [dev] Model or a Derivative for any purpose that is not expressly authorized under this License, such as for a commercial activity, you must request a license from Company, which Company may grant to you in Company’s sole discretion and which additional use may be subject to a fee, royalty or other revenue share. Please see www.bfl.ai if you would like a commercial license. c. Reserved Rights. The grant of rights expressly set forth in this License are the complete grant of rights to you in the FLUX [dev] Model, and no other licenses are granted, whether by waiver, estoppel, implication, equity, or otherwise. Company and its licensors reserve all rights not expressly granted by this License. d. Outputs. We claim no ownership rights in and to the Outputs. You are solely responsible for the Outputs you generate and their subsequent uses in accordance with this License. You may use Output for any purpose (including for commercial purposes), except as expressly prohibited herein. You may not use the Output to train, fine-tune, or distill a model that is competitive with a FLUX [dev] Model. e. You may access, use, Distribute, or create Output of the FLUX [dev] Model or Derivatives if you: (i) (A) implement and maintain content filtering measures (“Content Filters”) for your use of the FLUX [dev] Model or Derivatives to prevent the creation, display, transmission, generation, or dissemination of unlawful or infringing content, which may include Content Filters that we may make available for use with the FLUX [dev] Model (“Provided Content Filters”), or (B) ensure Output undergoes review for unlawful or infringing content before public or non-public distribution, display, transmission or dissemination; and (ii) ensure Output includes disclosure (or other indication) that the Output was generated or modified using artificial intelligence technologies to the extent required under applicable law. 3. Distribution. Subject to this License, you may Distribute copies of the FLUX [dev] Model and/or Derivatives made by you, under the following conditions: a. you must make available a copy of this License to third-party recipients of the FLUX [dev] Models and/or Derivatives you Distribute, and specify that any rights to use the FLUX [dev] Models and/or Derivatives shall be directly granted by Company to said third-party recipients pursuant to this License; b. you must prominently display the following notice alongside the Distribution of the FLUX [dev] Model or Derivative (such as via a “Notice” text file distributed as part of such FLUX [dev] Model or Derivative) (the “Attribution Notice”): “The FLUX [dev] Model is licensed by Black Forest Labs Inc. under the FLUX [dev] Non-Commercial License. Copyright Black Forest Labs Inc. IN NO EVENT SHALL BLACK FOREST LABS INC. BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH USE OF THIS MODEL.” c. in the case of Distribution of Derivatives made by you: (i) you must also include in the Attribution Notice a statement that you have modified the applicable FLUX [dev] Model; (ii) any terms and conditions you impose on any third-party recipients relating to Derivatives made by or for you shall neither limit such third-party recipients’ use of the FLUX [dev] Model or any Derivatives made by or for Company in accordance with this License nor conflict with any of its terms and conditions and must include disclaimer of warranties and limitation of liability provisions that are at least as protective of Company as those set forth herein; and (iii) you must not misrepresent or imply, through any means, that the Derivatives made by or for you and/or any modified version of the FLUX [dev] Model you Distribute under your name and responsibility is an official product of the Company or has been endorsed, approved or validated by the Company, unless you are authorized by Company to do so in writing. 4. Restrictions.You will not, and will not permit, assist or cause any third party to a. use, modify, copy, reproduce, create Derivatives of, or Distribute the FLUX [dev] Model (or any Derivative thereof, or any data produced by the FLUX [dev] Model), in whole or in part, (i) for any commercial or production purposes, (ii) military purposes, (iii) purposes of surveillance, including any research or development relating to surveillance, (iv) biometric processing, (v) in any manner that infringes, misappropriates, or otherwise violates (or is likely to infringe, misappropriate, or otherwise violate) any third party’s legal rights, including rights of publicity or “digital replica” rights, (vi) in any unlawful, fraudulent, defamatory, or abusive activity, (vii) to generate unlawful content, including child sexual abuse material, or non-consensual intimate images; or (viii) in any manner that violates any applicable law and any privacy or security laws, rules, regulations, directives, or governmental requirements (including the General Data Privacy Regulation (Regulation (EU) 2016/679), the California Consumer Privacy Act, any and all laws governing the processing of biometric information, and the EU Artificial Intelligence Act (Regulation (EU) 2024/1689), as well as all amendments and successor laws to any of the foregoing); b. alter or remove copyright and other proprietary notices which appear on or in any portion of the FLUX [dev] Model; c. utilize any equipment, device, software, or other means to circumvent or remove any security or protection used by Company in connection with the FLUX [dev] Model, or to circumvent or remove any usage restrictions, or to enable functionality disabled by FLUX [dev] Model; d. offer or impose any terms on the FLUX [dev] Model that alter, restrict, or are inconsistent with the terms of this License; e. violate any applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”) in connection with your use or Distribution of any FLUX [dev] Model; f. directly or indirectly Distribute, export, or otherwise transfer FLUX [dev] Model (i) to any individual, entity, or country prohibited by Export Laws; (ii) to anyone on U.S. or non-U.S. government restricted parties lists; (iii) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons, or missile technology applications; (iv) use or download FLUX [dev] Model if you or they are (a) located in a comprehensively sanctioned jurisdiction, (b) currently listed on any U.S. or non-U.S. restricted parties list, or (c) for any purpose prohibited by Export Laws; and (v) will not disguise your location through IP proxying or other methods. 5. DISCLAIMERS.THE FLUX [DEV] MODEL AND PROVIDED CONTENT FILTERS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WHETHER BY STATUTE, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTERS RELATED TO THE FLUX [DEV] MODEL AND PROVIDED CONTENT FILTERS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE FLUX [DEV] MODEL AND PROVIDED CONTENT FILTERS WILL BE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR PRODUCE ANY PARTICULAR RESULTS. 6. LIMITATION OF LIABILITY.TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR YOUR EMPLOYEES, AFFILIATES, USERS, OFFICERS OR DIRECTORS (A) UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE UNDER THIS LICENSE, OR (B) FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FLUX [DEV] MODEL, ITS CONSTITUENT COMPONENTS, PROVIDED CONTENT FILTERS, AND ANY OUTPUT (COLLECTIVELY, “MODEL MATERIALS”) ARE NOT DESIGNED OR INTENDED FOR USE IN ANY APPLICATION OR SITUATION WHERE FAILURE OR FAULT OF THE MODEL MATERIALS COULD REASONABLY BE ANTICIPATED TO LEAD TO SERIOUS INJURY OF ANY PERSON, INCLUDING POTENTIAL DISCRIMINATION OR VIOLATION OF AN INDIVIDUAL’S PRIVACY RIGHTS, OR TO SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE (EACH, A “HIGH-RISK USE”). IF YOU ELECT TO USE ANY OF THE MODEL MATERIALS FOR A HIGH-RISK USE, YOU DO SO AT YOUR OWN RISK. YOU AGREE TO DESIGN AND IMPLEMENT APPROPRIATE DECISION-MAKING AND RISK-MITIGATION PROCEDURES AND POLICIES IN CONNECTION WITH A HIGH-RISK USE SUCH THAT EVEN IF THERE IS A FAILURE OR FAULT IN ANY OF THE MODEL MATERIALS, THE SAFETY OF PERSONS OR PROPERTY AFFECTED BY THE ACTIVITY STAYS AT A LEVEL THAT IS REASONABLE, APPROPRIATE, AND LAWFUL FOR THE FIELD OF THE HIGH-RISK USE. 7. INDEMNIFICATION. You will indemnify, defend and hold harmless Company and our subsidiaries and affiliates, and each of our respective shareholders, directors, officers, employees, agents, successors, and assigns (collectively, the “Company Parties”) from and against any losses, liabilities, damages, fines, penalties, and expenses (including reasonable attorneys’ fees) incurred by any Company Party in connection with any claim, demand, allegation, lawsuit, proceeding, or investigation (collectively, “Claims”) arising out of or related to(a) your access to or use of the FLUX [dev] Model (including in connection with any Output, results or data generated from such access or use, or from your access or use of any Content Filters), including any High-Risk Use; (b) your Content Filters, including your failure to implement any Content Filters where required by this License such as in Section 2(e); (c) your violation of this License; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property or other proprietary rights and privacy rights). You will promptly notify the Company Parties of any such Claims, and cooperate with Company Parties in defending such Claims. You will also grant the Company Parties sole control of the defense or settlement, at Company’s sole option, of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities or remedies set forth in a written agreement between you and Company or the other Company Parties. 8. Termination; Survival. a. This License will automatically terminate upon any breach by you of the terms of this License. b. We may terminate this License, in whole or in part, at any time upon notice (including electronic) to you. c. If you initiate any legal action or proceedings against Company or any other entity (including a cross-claim or counterclaim in a lawsuit), alleging that the FLUX [dev] Model, any Derivative, or Provided Content Filters, or any part thereof, infringe upon intellectual property or other rights owned or licensable by you, then any licenses granted to you under this License will immediately terminate as of the date such legal action or claim is filed or initiated. d. Upon termination of this License, you must cease all use, access or Distribution of the FLUX [dev] Model, any Derivatives, and any Provided Content Filters.The following sections survive termination of this License: 2(c), 2(d), 4-11. 9. Third Party Materials. The FLUX [dev] Model and Provided Content Filters may contain third-party software or other components (including free and open source software) (all of the foregoing, “Third Party Materials”), which are subject to the license terms of the respective third-party licensors. Your dealings or correspondence with third parties and your use of or interaction with any Third Party Materials are solely between you and the third party. Company does not control or endorse, and makes no representations or warranties regarding, any Third Party Materials, and your access to and use of such Third Party Materials are at your own risk. 10. Trademarks. You have not been granted any trademark license as part of this License and may not use any name, logo or trademark associated with Company without the prior written permission of Company, except to the extent necessary to make the reference required in the Attribution Notice as specified above or as is reasonably necessary in describing the FLUX [dev] Model and its creators. 11. General. This License will be governed and construed under the laws of the State of Delaware without regard to conflicts of law provisions. If any provision or part of a provision of this License is unlawful, void or unenforceable, that provision or part of the provision is deemed severed from this License, and will not affect the validity and enforceability of any remaining provisions. The failure of Company to exercise or enforce any right or provision of this License will not operate as a waiver of such right or provision. This License does not confer any third-party beneficiary rights upon any other person or entity. This License, together with the documentation, contains the entire understanding between you and Company regarding the subject matter of this License, and supersedes all other written or oral agreements and understandings between you and Company regarding such subject matter. ### Imprint (Impressum) https://bfl.ai/legal/imprint · Updated 2026-01-05 #### Company: BFL GmbH #### Registered Address: Ingeborg-Krummer-Schroth-Straße 18 79106 Freiburg im Breisgau Germany #### Registration Details: Commercial Register: Amtsgericht München Registration Number: HRB 291820 #### Managing Directors: Robin Rombach, Andreas Blattmann, Axel Sauer #### Tax Information: VAT Identification Number (Umsatzsteuer-Identifikationsnummer): DE419968449 Economic Identification Number (Wirtschafts-Identifikationsnummer): DED2601V.HRB291820 #### Email: [info@blackforestlabs.ai](mailto:info@blackforestlabs.ai) ### Intellectual Property Policy https://bfl.ai/legal/intellectual-property-policy · Updated 2026-07-31 #### 1. About This Policy This Intellectual Property Policy describes how Black Forest Labs Inc. (“Company”, “we” or “us”) handles claims of intellectual property infringement on our websites, application programming interface, and services and any content, tools, features and functionality offered by us and related thereto (collectively, the “Services”). In using the Company Services, users must comply with the Flux Terms of Service, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties. ##### 2. Copyright ###### Notice and Take Down of Infringing Content If you are a copyright holder, or their agent, and you believe that any material available via our Services infringes your copyrighted work, please follow the procedure below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. A takedown notice should be sent to our designated copyright agent by email at copyright@blackforestlabs.ai or, if you reside in the United States, by certified mail at Black Forest Labs Inc. Attn: Legal 2261 Market Street STE 22997 San Francisco, CA, 94114, USA Your notice should provide the following information: - Your complete name and contact information, such as your email address, telephone number, and address; - Specific identification of each copyright-protected work claimed to have been infringed; - Specific identification of the allegedly infringing material and a description of where the material believed to be infringing is located on the Services (please be as detailed as possible to help us locate the material you are reporting); - A statement that you have a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law (such as fair use); - A statement that the information in the notification is accurate, and under penalty of perjury, you are the owner of the right that is allegedly infringed, or agent for the owner. - A statement that you understand that your contact information and/or notice will be provided to the alleged infringing party, and retained as long as required for legal purposes; - An electronic or physical signature of the copyright owner or a person authorized to act on their behalf. Failure to provide the information above may make your notice ineffective. We may send a copy of your notice, including any contact information you provide, to the individual or entity that provided the reported content, and retain your information as long as required for legal purposes. ###### Our Approach Our approach is to remove or disable access to content that has been properly identified in a valid copyright notice submitted by a copyright owner or their agent and (ii) to allow redress from an affected user, in accordance with applicable law, In appropriate circumstances and at our sole discretion, to terminate access to the Services to the accounts of users who repeatedly or egregiously infringes the copyrights or intellectual property rights of others. **European Rightsholder Contact and Complaints Mechanism** **1. Point of Contact** Black Forest Labs designates a dedicated point of contact for electronic communication with European rightsholders regarding the use of copyright-protected content in connection with the training of our Flux model(s). Rightsholders may contact us at copyright@blackforestlabs.ai. **2. Complaints Mechanism** Rightsholders, or their authorised representatives who believe that Black Forest Labs has not complied with its commitments under this Policy with respect to their copyright or related rights may submit a complaint electronically to **[copyright@blackforestlabs.ai](mailto:copyright@blackforestlabs.ai).** To enable us to assess and act on a complaint, it should be **sufficiently precise and adequately substantiated**, and should generally identify: (a) the rightsholder or representative submitting the complaint, and their authority to do so where applicable; (b) the work(s) or subject matter in respect of which the complaint is made, described with reasonable specificity; (c) the basis for the complaint, including the nature of the alleged non-compliance; and (d) contact details for follow-up. We will review and respond to complaints in a **diligent, non-arbitrary manner and within a reasonable time**, save that we may decline to substantively respond where a complaint is manifestly unfounded, or where we have already responded to an identical complaint from the same rightsholder. ##### 3. Trademark If you are a trademark holder, or their agent, and you believe the Services are being used to infringe your trademark rights, you may submit a notification to us by providing us with the written information specified below: ##### Required Information - Your complete name and contact information, such as your email address, telephone number, and/or address; - Specific identification of each trademark claimed to have been infringed, including the exact trademark at issue, registration information regarding the trademark, the country where the trademark is registered, and/or a URL link directly to the trademark registration; - Any documentation proving that you are the rights owner or that you are authorized to submit this form on behalf of the rights owner; - Specific identification of the allegedly infringing material and a description of where such material is located on the Services (please be as detailed as p locate the material you are reporting); - A statement that you have a good faith belief that use of the trademark in the manner complained of is not authorized by the trademark owner, its agent, or the law; - A statement that the information in the notification is accurate, and under penalty of perjury, you are the owner of the intellectual property right that is allegedly violated, or an agent for the owner. - A statement that you understand that your contact information will be retained as long as required for legal purposes. - An electronic or physical signature of the intellectual property right owner or a person authorized to act on their behalf. Please provide all of the above to us by email at copyright@blackforestlabs.ai. Note: Fraudulent reports or misuse of this process may result in account termination and/or legal consequences. We may send a copy of your notice, including any contact information you provide, to the individual or entity that provided the reported content, and retain your information as long as required for legal purposes. Please note, fraudulent reports or other misuse of this process may result in the termination of your account and/or legal consequences. How to Contact Us. You may contact us regarding the Services or these Terms at our email copyright@blackforestlabs.ai. ##### Contact Us Email: copyright@blackforestlabs.ai ### Responsible AI Development Policy https://bfl.ai/legal/responsible-ai-development-policy · Updated 2026-08-01 **We are committed to the responsible development of our visual generative AI technology** At Black Forest Labs, our mission is to develop frontier AI infrastructure for creators and innovators. With a founding team of pioneers in image and video generation, we are pushing the boundaries of visual generative AI. Our models and services enable developers to build exciting new AI applications, supporting a vast community of enterprises, creators, and researchers worldwide. **Our commitments** - **We are committed to creators and builders.** We focus on developing visual generative AI technology to ignite human creativity and unlock new economic opportunities for the world’s largest impactful ventures. From photographers to architects, from creative agencies to industrial designers, our technology helps enterprises, developers, and creators build new tools to realize their best work. - **We are committed to open innovation.** We openly share model weights to promote greater transparency, support downstream experimentation, and expand global access to creative technology. - **We are committed to responsible AI development before, during, and after release.** We apply layers of safeguards to encourage visual generative AI technology's responsible and lawful deployment. From training our models to hosting our services, we care about every step of the process. **Our approach to responsible development** We offer capable, visual, and open generative AI models to enterprises, developers, and creators around the world, and we have a responsibility to help developers and enterprises securely deploy this technology. - **Before release.** Before training a model, we carefully filter datasets for unsafe content. We work with trusted partners like the Internet Watch Foundation and utilize our own proprietary technology to identify and remove unsafe content. After pre-training, we evaluate our models for unsafe performance and mitigate these behaviors through various post-training techniques. To learn more, visit https://bfl.ai/transparency. - **During release.** We release our models to developers through a hosted API with clear guidelines for secure deployment and unacceptable use. Our most capable open models are released with licenses prohibiting unlawful misuse, including misuse in violation of privacy and biometric laws. - **After release.** When law requires, we moderate unlawful content across our API through filters for prompts, uploads, and outputs. We support our developer and enterprise customers to implement the right level of moderation for their intended applications, subject to our usage policy ([https://bfl.ai/legal/usage-policy](https://bfl.ai/legal/usage-policy)). We monitor patterns in using our models and services after release, and invite feedback from the community at [support@blackforestlabs.ai](mailto:support@blackforestlabs.ai). We welcome ongoing engagement with authorities, developers, and researchers to share intelligence about emerging risks and respond together with effective mitigations. ### Self-Hosted Commercial License Terms https://bfl.ai/legal/self-hosted-commercial-license-terms · Updated 2026-08-04 *These Self-Hosted Commercial Terms apply if you reside outside the European Union (EU). If you live in the EU these [EU Self-Hosted Commercial Terms](https://bfl.ai/legal/eu-self-hosted-commercial-license-terms) apply to you.* These FLUX [dev] Self-Hosted Commercial License Terms (“Commercial License Terms”) govern your access, download, and hosting of certain FLUX AI Models. They are a part of, and incorporated into, the Black Forest Labs Developer Terms of Service (“Developer Terms”). By agreeing to these Commercial License Terms, you also agree to the Developer Terms (found at [https://bfl.ai/legal/developer-terms-of-service](https://bfl.ai/legal/developer-terms-of-service)) (collectively, the “Terms”). Capitalized terms used but not otherwise defined in these Commercial License Terms have the meanings given to them in the Developer Terms. In the event of any conflict between these Commercial License Terms and the Developer Terms, these Commercial License Terms will control, but solely with respect to your access, download, and hosting of our FLUX AI Models. **1. Self-Hosting.** We make certain FLUX AI Models – and various elements of the models, such as the algorithms, software, checkpoints, parameters, source code (inference code, evaluation code, and fine-tuning code) – available for download and hosting via our and third-party developer platforms. These models and their elements are branded “FLUX [dev]” (collectively, the “FLUX [dev] Models”). These Commercial License Terms will allow you to create and host FLUX [dev] Models and Derivatives of the FLUX [dev] Models that we make available for self-hosting on the developer platform and that you choose to use (“Licensed FLUX [dev] Models”), solely for the purpose of integrating them into a Customer Application. These Commercial License Terms do not grant you a license to use, download, access, or make Derivatives of any FLUX AI Model that is not made available by us for self-hosting via the developer platform or any FLUX [dev] Model or Derivatives of that FLUX [dev] Model that you have not selected for use on our developer platform. **2. License**. If you choose to self-host a Licensed FLUX [dev] Model then, subject to the Terms, we grant you a limited, non-exclusive, worldwide, non-transferable, non-sublicensable license to (i) download, install, host, access, and use a copy of the Licensed FLUX [dev] Model you selected (and we offered for use) on the developer platform, (ii) download, create and store permitted Derivatives of the same Licensed FLUX [dev] Model, and (iii) integrate the same Licensed FLUX [dev] Model or permitted Derivatives into your Customer Application for access by your End Users. This license does not include the right — and you are expressly prohibited from — distributing Licensed FLUX [dev] Models, FLUX [dev] Models, FLUX AI Models, or Derivatives to third parties through an application program interface (“API”) endpoint, reselling the Licensed FLUX [dev] Models, FLUX [dev] Models, FLUX AI Models, or Derivatives, or distributing the Licensed FLUX [dev] Models, FLUX [dev] Models, FLUX AI Models, or Derivatives to third parties via any means not expressly provided in these Terms. Any restrictions set on the FLUX AI Models in these Commercial License Terms or the Developer Terms also apply to Licensed FLUX [dev] Models and Derivatives. If you wish to provide a FLUX [dev] Model or FLUX AI Model to your users through an API, please contact sales. **3. Fees.** Fees for the use of a FLUX AI Model pursuant to these Commercial License Terms are available at https://bfl.ai/pricing/licensing. The Fees may be charged up-front and/or over time as a subscription, depending on the plan you choose. **4. Content Filters and Labelling.** As part of your use of a Licensed FLUX [dev] Model, you must (i) implement and maintain content filtering measures for your use of the Licensed FLUX [dev] Model or permitted Derivatives to prevent the creation, display, transmission, generation, or dissemination of unlawful or infringing content, or (ii) ensure Output undergo review for unlawful or infringing content before public or non-public distribution, display, transmission or dissemination. You must follow applicable law for your use of the Licensed FLUX [dev] Model or permitted Derivatives to create, display, transmit, generate, or disseminate harmful content. You must comply with applicable law on content provenance measures in your use of the FLUX [dev] Model or permitted Derivatives. FOR THE AVOIDANCE OF DOUBT, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES THAT THE FLUX SERVICES OR ANY LICENSED FLUX [DEV] MODEL WILL INTEGRATE OR FUNCTION WITH YOUR CONTENT FILTERING, AND YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION. YOU AGREE AND ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER YOUR CONTENT FILTERING AND CONTENT PROVENCE MEASURES AND THAT YOU MAY NEED TO CHANGE, UPDATE, OR REENGINEER YOUR CONTENT FILTERING, CONTENT PROVENANCE, OR THE CUSTOMER APPLICATION AT YOUR COST TO ENABLE THEM TO BE COMPATIBLE AND/OR INTERFACE WITH THE FLUX SERVICES OR THE LICENSED FLUX [DEV] MODELS AND TO COMPLY WITH APPLICABLE LAW. We reserve the right to require you to use content filtering and content provenance controls we provide or endorse, without any liability to us under these Terms. In addition to your indemnification obligations in the Developer Terms, you agree to indemnify and defend us from any third-party claims based on your, or your End Users, Output, including your content filtering, content moderation, or content provenance measures, or the failure to implement any of the foregoing. **5. Maintenance, Updates, and Removal.** We will have no obligation to provide any updates, maintenance, support, installation, or training services for the Licensed FLUX [dev] Models or Derivatives. We may publicly release a new version or update of any FLUX AI Models containing improvements, adjustments, enhancements, error-fixes, or modifications (“Updates”) or remove any FLUX AI Model at any time, in our sole discretion. To the extent you previously downloaded and acquired a license to a Licensed FLUX [dev] Model before its removal, you may continue to use that Licensed FLUX [dev] Model subject to continued payment of any Fees, unless we notify you that you must delete and stop using it or any Derivatives. You agree that you will delete and stop using any Licensed FLUX [dev] Model, FLUX [dev] Model, FLUX AI Model, or Derivative we notify you must be deleted. Your use of any version of a FLUX [dev] Model that has been removed or that is not the latest version available to you is entirely at your own risk, and we will have no responsibility or liability to you in any way in connection with such use. You may purchase Updates any time after they are released, subject to any applicable Fees. We are not responsible or any of your costs required to implement, host, or begin using any Updates. **6. Reporting.** As part of Your use of a Licensed FLUX [dev] Model, you must provide us certain data related to your use of the Licensed FLUX [dev] Model or Derivatives, such as the number of images that are generated by the Licensed FLUX [dev] Models or Derivatives, or we may require you to use software to track and report usage to us. You agree to provide us those metrics or use any required software to collect that data for us. **7. Model Deletion.** In the event that your license to use any particular Licensed FLUX [dev Model expires or terminates — including with respect to all Licensed FLUX [dev] Models in the event of termination or expiration of the Terms or these Commercial License Terms — you agree to immediately cease all use of, and delete, the applicable Licensed FLUX [dev[ Models, Derivatives, and any related Black Forest Labs Technology from any and all of your systems and Customer Applications. **8. FLUX API Use.** These Commercial License Terms do not grant you access to use the FLUX API to access our FLUX AI Models. If you would like to use the FLUX API, please see the FLUX API Terms. ### Usage Policy https://bfl.ai/legal/usage-policy · Updated 2026-08-04 Black Forest Labs is committed to ensuring the secure use of our frontier AI models (“FLUX Models”) and our products and services (“Services”). This Usage Policy (“Policy”) supplements the Black Forest Labs Terms of Use (“Terms of Use”) and Developer Terms of Service, and applies to your access and use of our FLUX AI Models and Service, including any inputs (“Input”) you provide, outputs you create (“Output”) or any actions or results from the FLUX Models or Services undertaken on your behalf (“Tasks”). It also applies to your use within and outside our Website and our Services, whether directly or indirectly, as well as any attempts to use our Website and Services. If you access or use any FLUX AI Models, any adaptations for, or modified versions of the FLUX AI Models, or the Services, you agree to this Policy. Any restrictions in this Policy covering the FLUX AI Models also apply to derivatives of the FLUX AI Models. *Capitalized but undefined terms in this Policy have the meanings set forth in the Developer Terms of Service.* You agree you will not use, or allow others to use, the FLUX Models or our Services, including Output or any Task to: - realistically depict a real person in a sexual, intimate, degrading, defamatory, fraudulent, misleading, or otherwise abusive manner without their verified, documented, and informed consent. - generate unlawful content, including child sexual abuse material or non-consensual intimate imagery, or any content depicting minors in any sexual, violent, obscene, or otherwise harmful manner, or any content to promote or facilitate the exploitation or harm of minors in any way. - generate disinformation or content, including realistic content featuring real people, intended to, or likely to, mislead voters or for the purpose of political campaigning, electoral advertising, or voter suppression. - generate content that falsely represents events, things or people in a manner likely to deceive a reasonable viewer without appropriate or lawful disclosures. - circumvent, remove, alter, suppress, or otherwise interfere with any C2PA Credentials, digital watermarks, or other content provenance signals attached to, embedded in, or otherwise associated with Outputs, or develop or distribute any tool designed to facilitate such interference. - to harass, abuse, threaten, stalk, defame or bully others. - for any military, surveillance or law enforcement purpose, or for inferring sensitive information about a person or biometric processing purposes, including use in a high risk AI system, as defined by applicable law. - engage in unlawful impersonation, including unlawful use of a real person’s name, image, voice and/or likeness or to generate, discover, or disseminate personal information in violation of a person’s privacy rights. - to gain unlawful access to, disrupt, or impair the use or availability of the Services or FLUX Models. - for fully automated decision making that adversely impacts an individual's legal rights or otherwise creates or modifies a binding, enforceable obligation. - to violate, circumvent, duplicate, decompile, reverse engineer, disassemble or decode the security, integrity, or availability of any computer or communications system, user, network, software application or program, computing device or other resource, including the FLUX Models and Services, for unlawful or commercial purposes. - to engage in, promote, incite, or facilitate unlawful discrimination or other unlawful conduct in the provision of employment, employment benefits, financial services, housing, education, or other essential goods and services. - create, use or distribute output in a fraudulent or misleading way. - to generate, edit, store, or transmit any content that infringes, misappropriates, or otherwise violates any third-party rights, including intellectual property rights. You understand and accept that, given the probabilistic nature of artificial intelligence technologies, the use of the Services may in some situations lead to erroneous results that do not accurately reflect the desired output. It is therefore your responsibility to evaluate the usability and suitability of any Output or Task on a case-by-case basis, in particular by human review of any Output or Task. You understand that an Output may not be unique compared to (i) other users’ output and (ii) existing content. You must therefore ensure that your generation, publication, and distribution of Outputs complies with applicable intellectual property law. In addition, for users or organizations based in or established in the European Union: you cannot use, change, modify, or develop the Services in a way that would turn them into a "high-risk AI system" under the EU AI Act (Regulation (EU) 2024/1689). For users or organizations located in the European Union: you must not use the Services for any AI practices that are prohibited under the EU AI Act (Regulation (EU) 2024/1689), including but not limited to: - use subtle, manipulative, or deceptive techniques to influence people's behavior in ways that prevent them from making informed decisions and could cause harm, - take advantage of people’s vulnerabilities related to age, disability, or social situation, - create or expand facial recognition databases without consent, - use real-time remote biometric identification in public spaces for law enforcement, - rate or classify people based on their social behavior or personal characteristics (including social scoring or predictive profiling) leading to unfair treatment, - assess or predict whether someone might commit a crime based solely on their personal characteristics or profiling, - assess an people’s emotions at work or in schools, unless it’s needed for medical or safety reasons, - integrates the Services into an AI System that generates or manipulates child sexual abuse material (CSAM) or realistic images, videos, audio or similar material of a person's intimate parts, or of a person engaged in sexually explicit activities, without that person's freely-given, specific, informed, unambiguous and explicit consent for that generation or manipulation; and/or - categorize individuals based on their biometric data to figure out or infer sensitive information such as their race, political opinions, religious beliefs, or sexual orientation. Please report any violations of this Policy or any potential issues that could result in a violation of this Policy to legal@blackforestlabs.ai. ### Website and FLUX Terms of Service https://bfl.ai/legal/terms-of-service · Updated 2026-08-01 These Terms of Service (these "**Terms**") govern the access and uses of the website, [www.blackforestlabs.ai](http://www.blackforestlabs.ai/) or [www.bfl.ai](http://www.bfl.ai/) (the "**Website(s)**"), the Playground, including Dev Playground available at [https://dashboard.bfl.ai/](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](mailto: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](https://bfl.ai/legal/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](https://bfl.ai/legal/privacy-policy). ###### 2.2. Usage Policy Our Usage Policy, located at [https://bfl.ai/legal/usage-policy](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](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](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. 1. Tasks may not be error free or operate as you intended. 1. You should not rely on any Outputs or Tasks without independently confirming their accuracy. 1. 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.** 1. 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. 1. 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.** 1. 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; 1. Claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or 1. intellectual property Claims. 1. 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. 1. **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. 1. **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](mailto:support@blackforestlabs.ai). Questions regarding these Terms should be directed to [legal@blackforestlabs.ai](mailto:legal@blackforestlabs.ai).