Terms of Use

Effective: June 29, 2024

Thank you for using NextLabs AI!

These Terms of Use apply to your use of NextLabs AI's services, including any associated software applications and websites (collectively, the “Services”). These Terms constitute a legal agreement between you and NextLabs AI LLC, a Delaware limited liability company ("NextLabs AI"), and include our Service Terms and important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms.

If you reside in the European Economic Area, Switzerland, or the UK, your use of the Services is governed by these terms.

Our Business Terms govern the use of NextLabs AI Enterprise, our APIs, and our other services for businesses and developers.

Our Privacy Policy explains how we collect and use personal information. While not part of these Terms, it is an important document that you should read.

Who We Are
NextLabs AI LLC is an AI research and deployment company. Our mission is to improve user productivity through advanced artificial intelligence technologies. For more information about NextLabs AI, please visit https://www.nextlabs.ai/about.

Registration and Access
Minimum Age: You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18, you must have your parent or legal guardian’s permission to use the Services.

Registration: You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

Using Our Services
Permitted Use: Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our Sharing & Publication Policy, Usage Policies, and any other documentation, guidelines, or policies we make available to you.

Prohibited Use: You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:

  • Use our Services in a way that infringes, misappropriates, or violates anyone’s rights.
  • Modify, copy, lease, sell, or distribute any part of our Services.
  • Attempt to or assist anyone to reverse engineer, decompile, or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
  • Automatically or programmatically extract data or Output.
  • Misrepresent that Output was human-generated when it was not.
  • Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
  • Use Output to develop models that compete with NextLabs AI.

Software: Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open-source software governed by its own licenses that we’ve made available to you.

Corporate Domains: If you create an account using an email address owned by an organization (e.g., your employer), that account may be added to the organization's business account with us. Once your account is transferred, the organization’s administrator will control your account, including access to Content and account management.

Third-Party Services: Our Services may include third-party software, products, or services (“Third-Party Services”) and may incorporate Third-Party Output. Third-Party Services and Third-Party Output are subject to their own terms, and NextLabs AI is not responsible for them.

Feedback: We appreciate your feedback and may use it without restriction or compensation to you.

Content
Your Content: You may provide input to the Services (“Input”) and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it complies with applicable law and these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.

Ownership of Content: As between you and NextLabs AI, and to the extent permitted by applicable law, you (a) retain ownership rights in Input and (b) own the Output. NextLabs AI assigns to you all our right, title, and interest, if any, in and to Output.

Similarity of Content: Due to the nature of our Services and artificial intelligence, Output may not be unique, and other users may receive similar Output from our Services. Our assignment above does not extend to other users’ output or any Third-Party Output.

Our Use of Content: We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.

Opt Out: If you do not want us to use your Content to train our models, you can opt out as described in our Help Center. Please note that opting out may limit our ability to better address your specific use case.

Accuracy: Artificial intelligence and machine learning are evolving fields. While we strive for accuracy, use of our Services may result in Output that does not accurately reflect real people, places, or facts. By using our Services, you agree:

  • Output may not always be accurate. Do not rely on Output as the sole source of truth or factual information, or as a substitute for professional advice.
  • Evaluate Output for accuracy and appropriateness for your use case, including human review as needed, before using or sharing Output.
  • Do not use Output relating to a person for decisions that could have legal or material impact on them.

Intellectual Property Rights: NextLabs AI and its affiliates own all rights, title, and interest in and to the Services. You may use our name and logo in accordance with our Brand Guidelines.

Paid Accounts
Billing: If you purchase any Services, provide complete and accurate billing information, including a valid payment method. We will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You are responsible for all applicable taxes.

Service Credits: You can pay for some Services in advance by purchasing service credits, subject to our Service Credit Terms.

Cancellation: You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. Local laws may apply regarding your cancellation rights.

Changes to These Terms or Our Services: We may update these Terms or our Services from time to time due to legal requirements, security reasons, or to enhance our Services. We will provide at least 30 days’ notice of material changes that adversely impact you. If you do not agree to the changes, stop using our Services.

Termination and Suspension: You may stop using our Services at any time. We may suspend or terminate your access or delete your account if we determine:

  • You breached these Terms or our Usage Policies.
  • We must comply with the law.
  • Your use could cause risk or harm to NextLabs AI or others.
  • Your account has been inactive for over a year without a paid subscription.

Appeals: If you believe we suspended or terminated your account in error, contact our Support team.

Discontinuation of Services: We may discontinue our Services with advance notice and refund for prepaid, unused Services.

Disclaimer of Warranties: OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, NEXTLABS AI AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE.

Limitation of Liability: NEXTLABS AI AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity: If you are a business, you will indemnify and hold harmless NextLabs AI, our affiliates, and personnel from third-party claims arising from your use of the Services.

Dispute Resolution: Disputes arising from these Terms will be resolved through arbitration and class action waivers. You may opt out of arbitration within 30 days of account creation or updates to arbitration terms.

Copyright Complaints: If you believe your intellectual property rights have been infringed, notify us as described in our Copyright Complaints section.

General Terms: These Terms contain the entire agreement between you and NextLabs AI regarding the Services and supersede prior agreements. These Terms are governed by California law, and any disputes will be exclusively in San Francisco, California.

Thank you for reviewing these Terms of Use. If you have any questions, please contact us at team@nextlabs.ai.