Welcome to the Terms of Service (these “Terms”) for the website, www.layervibe.io (the “Website”). (“Company”, “we” or “us”). The Website, Playground and Flux, and any content, tools, features and functionality offered on or through our Website, Layervibe are collectively referred in these Terms as the “Services”.

These Terms govern your access to and use of the Services and may apply even if you have an agreement with us for other services we may provide. 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.

For purposes of these Terms, “you” and “your” means you as the user of 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.

SECTION 7 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 7.

How to Contact Us. You may contact us regarding the Services or these Terms at our email legal@layervibe.io.

1. The services

Input and Output.

As a part of the Services, you can submit text and image prompts and other prompts or input into or for the Services, including in connection with fine-tuning applicable Flux AI model(s) (“Input”), and the Services will use artificial intelligence tools and functionalities to generate new content based on your Input (“Output”). We claim no ownership rights in and to the Outputs, and you may use the Output for your own personal or commercial purposes, subject to any restrictions set forth herein. For the avoidance of doubt, Outputs do not include any components of the Flux AI model(s), such as its weights or parameters, fine-tuned weights from Inputs or any other portions of the Services. You agree that we may remove, prevent access to, or disable any Output or your access to all or part of the Services, at any time for any or no reason, including if we determine in our sole discretion that such Output infringes another party’s intellectual property rights or violates any applicable law or is Objectionable (as defined herein).

You may not direct the Services to generate any Output in violation of any applicable intellectual property right, contractual restriction or other law. You are solely responsible for the Outputs you generate and their subsequent uses in accordance with these Terms. You may not use Output to train, distill or fine tune any other AI models that compete with the Flux AI model(s). You acknowledge that due to the nature of generative artificial intelligence tools, other users of the Services may create and use their own Output that is similar or the same as your Output, such as because the same or similar Input was provided, and you agree that such other users can use their own individually created Output as permitted by these Terms.

By submitting any Input through the Services, you represent that you have obtained all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow us to use) such Input in connection with the Services. You represent and warrant that your submission of an Input in connection with your use of the Services, including to generate Output, will not breach any law or any third party’s rights, terms and conditions associated with such Input.

You grant us a nonexclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual and irrevocable license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify any Input and Output to provide, develop, train and improve our technologies, products and services, including the Services, and to otherwise permit access to or disclose your Input or Output to third parties as needed to accomplish the foregoing or as necessary to comply with our legal obligations.

Eligibility. You must be 13 years of age or older to use the Services. By using the Services, you represent and warrant that you meet these requirements.

1. 2. Our Privacy Policy and Intellectual Property Policy

Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://bfl.ai/legal/privacy-policy .

Intellectual Property Policy. Our Intellectual Property Policy, located at 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 with respect to the Services.

Usage Policy. Our Usage Policy, located at https://bfl.ai/legal/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 Services.