Terms of Service

Terms of Use - Backland Labs

These Terms of Use apply to your use of Backland Labs services, along with any associated software applications and websites (all together, “Services”). These Terms form an agreement between you and Backland Labs, Inc., a Delaware company. By using our Services, you agree to these Terms.

Use License

Backland Labs grants you a limited, non-exclusive, non-transferable license to use the Service on your website(s) in accordance with these Terms. You agree not to:

  • Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
  • Modify, copy, lease, sell or distribute any 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 (defined below).
  • Represent 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 products that compete with Backland Labs, Inc.

Feedback

We appreciate your feedback, and you agree that we 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 does not violate any applicable law or 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 Backland Labs, Inc., and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to 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 by emailing max@backlandlabs.io. Please note that in some cases this may limit the ability of our Services to better address your specific use case.

Accuracy

Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. 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 understand and agree:

  • Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
  • You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
  • You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
  • Our Services may provide incomplete, incorrect, or offensive Output that does not represent Backland Labs, Inc.’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Backland Labs, Inc.

Our IP rights

We and our affiliates own all rights, title, and interest in and to the Services.

Subscription and Payments

Access to the Service requires an active subscription. You agree to pay all fees associated with your chosen subscription plan. Backland Labs, Inc. reserves the right to change pricing with reasonable notice. Failure to maintain an active subscription may result in service interruption or termination.

Term and Termination

This Agreement remains in effect for the duration of your subscription. Backland Labs, Inc. may suspend or terminate your access to the Service if you violate these Terms or for any other reason at our discretion, with or without notice.

Modifications to the Service

Backland Labs, Inc. reserves the right to modify, suspend, or discontinue any part of the Service at any time. We will make reasonable efforts to provide notice of significant changes.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Limitation of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

BACKLAND LABS, INC.‘S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

Indemnification

You agree to indemnify and hold harmless Backland Labs, Inc., its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another.

General Terms

Assignment

You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Changes to these Terms or our Services

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:

  • Changes to the law or regulatory requirements.
  • Security or safety reasons.
  • Circumstances beyond our reasonable control.
  • Changes we make in the usual course of developing our Services.
  • To adapt to new technologies.

We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.

Delay in enforcing these Terms

Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Trade controls

You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

Entire agreement

These Terms contain the entire agreement between you and Backland Labs, Inc regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and Backland Labs, Inc.

Governing law

Colorado law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Edwards, Colorado.

Contact Information

For any questions about these Terms, please contact us at max@backlandlabs.io.