LavaFlow AI Terms of Service

Last Updated: March 25, 2025

Welcome to the LavaFlow AI Terms of Service (these “Terms”) for our LavaFlow AI generative artificial intelligence product (the “Service”). The Service is operated by Grab Labs Inc., a Delaware corporation with offices at 1815B Centinela Ave., Santa Monica, CA 90403 (“LavaFlow”, “we”, “us” or “our”).

These Terms govern your access to and use of the Service, including any related content, tools, features, and functionalities offered through our platform or any related APIs (collectively, the “Service”). Please read these Terms carefully, as they include important information about your legal rights. By accessing or using the Service, you agree to be bound by these Terms. If you do not understand or agree to these Terms, please do not use the Service.

SECTION 11 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 Lavaflow AI’S SERVICE 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.

1. Description of the Service

The Service utilizes artificial intelligence tools and functionalities to process user inputs, such as text prompts, images, videos, or other content (the “Inputs” or “Input”) and generate and return outputs based on such Inputs, which may include images, videos, sound effects, text, or other content (the “Outputs” or “Output”, and together with the Inputs, “Content”).

2. Eligibility

You must be at least 13 years old to use the Service and meet the minimum age of digital consent in your country. If you are old enough to access the Service in your country but not old enough to have the authority to consent to these Terms, your parent or guardian must agree to these Terms on your behalf. By using the Service, you represent and warrant that you meet these requirements. If you are using the Service on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Account Registration and Use

You may be required to create an account to access certain features of the Service. You agree to provide us with accurate, complete, and updated information for your account. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. You must immediately notify us if you know or have any reason to suspect that your account or password has been compromised. Each account may only be used by one user unless otherwise expressly permitted by us in writing.

4. Acceptable Use Policy and Prohibited Uses

You agree to use the Service in compliance with these Terms and all applicable laws and regulations. You may not, and you agree not to assist or enable others to:

Generate or upload content that is unlawful, threatening, defamatory, obscene, excessively violent, deceptive, fraudulent, libelous, unethical, biased, pornographic or profane, invasive of privacy or publicity rights, harassing, abusive, hateful, discriminatory, or cruel.
Generate content that exploits, harms, or endangers children.
Infringe any copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any party. You represent and warrant that you have all necessary rights to any Input you provide.
Use the Service to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people.
Include personal information (e.g., phone numbers, addresses, health information, social security numbers) in any Input.
Use the Service to further or promote criminal activity or provide instructional information about illegal activities.
Upload any material that contains viruses, worms, spyware, Trojan horses, or other harmful code.
Interfere with or disrupt the Service or any related systems or networks.
Attempt to gain unauthorized access to the Service or other users’ accounts.
Circumvent any technological measure or content protections of the Service.
Use any automated means (e.g., bots, spiders, scrapers) to access or collect information from the Service, except as expressly permitted.
Exploit the Service or any Outputs for commercial purposes without a separate written agreement or a license that expressly permits such use.
Use the Service or Content to research, train, develop, improve, or fine-tune any machine learning or artificial intelligence products, models, or services that compete with our products and services.
Represent that Output is human-generated when it is not.
Impersonate any person or entity.
Access or use the Service in any way not expressly permitted by these Terms.

We reserve the right to remove, prevent access to, or disable any Content, including Outputs, at any time for any or no reason, including if we determine in our sole discretion that such Content violates these Terms, infringes another party’s rights, or is otherwise objectionable or harmful.

5. Ownership and Intellectual Property

Ownership of the Service: The Service, including its design, software, code, and content (excluding User Content), is owned by or licensed to Lavaflow AI and is protected by intellectual property laws.
Inputs and Outputs: As between you and Lavaflow AI, you own your Inputs. Lavaflow AI does not claim ownership of your Outputs. To the extent we acquire any rights in your Outputs, we hereby assign to you all right, title, and interest in and to your Outputs. However, you acknowledge that due to the nature of generative AI, Outputs may not be unique, and others may generate similar or identical Outputs. You agree that others can use their independently created Outputs for their own purposes.
Your Content License Grant: By using the Service and providing Inputs and generating Outputs (collectively, “Your Content”, you grant Lavaflow AI a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual, and irrevocable license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content as needed to provide, develop, and improve the Service, and to comply with our legal obligations. This license includes the right for us to use Inputs and Outputs to train, enhance, evolve, and improve our machine learning models and related technologies.
Feedback: Any feedback, comments, or suggestions you provide regarding the Service are entirely voluntary, and you agree that Lavaflow AI shall have the unrestricted right to use and disclose such feedback for any purpose without any obligation to you.

6. Third-Party Services and Materials

The Service may integrate with or provide links to third-party services, applications, or websites (“Third-Party Services”). Your access to and use of such Third-Party Services is subject to their respective terms and privacy policies, and Lavaflow AI is not responsible for them.

7. Fees and Payments

Some features of the Service require the use of credits. You may purchase credits in bundles through the Service, which can be used to access certain generative functions or tools (e.g., image, video, or other media generation). The pricing and availability of credit bundles will be displayed at the time of purchase and are subject to change at our discretion.

Credit Purchases

Credits may only be purchased through the Service using an approved payment method (e.g., credit card, Stripe, or other third-party processors).
All purchases of credits are final and non-refundable, except as required by law or at our sole discretion.
Credits do not constitute legal tender and have no cash value. They may not be transferred, resold, or exchanged for cash or any other form of compensation.

Use of Credits

Each generation or feature within the Service may deduct a specified number of credits from your account. The applicable credit cost will be displayed before you confirm the action.
Unused credits will remain in your account but may expire after a set period, which will be disclosed at the time of purchase or via updates to these Terms.

Payment Processing

All payments are processed by third-party providers. By making a purchase, you agree to be bound by the terms of service and privacy policies of those providers in addition to these Terms.
You represent and warrant that you are authorized to use the chosen payment method and that all payment information you provide is accurate and complete.

Taxes

Prices shown do not include applicable taxes, which will be calculated and added at checkout as required by law.

We reserve the right to change our pricing, credit usage policies, or the features associated with credit use at any time. Any changes will not apply retroactively to credits already purchased.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Lavaflow AI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS (THE “Lavaflow AI ENTITIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

THE Lavaflow AI ENTITIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT THE OUTPUT GENERATED BY THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE. WE DO NOT GUARANTEE THE UNIQUENESS OF OUTPUTS. You acknowledge that the use of AI is relatively new and may produce unexpected results. You are solely responsible for evaluating the accuracy and suitability of any Output.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE Lavaflow AI ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE Lavaflow AI ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE Lavaflow AI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS ($100.00) OR (II) THE AMOUNT YOU PAID TO Lavaflow AI, IF ANY, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Lavaflow AI Entities from and against any and all claims, costs, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with:

Your use of the Service.
Your Inputs or Outputs.
Your violation or breach of these Terms or any applicable law or regulation.
Your violation of any rights of any third party.
Your negligence or willful misconduct.

11. Dispute Resolution; Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Informal Dispute Resolution: You and Lavaflow AI agree to first attempt to resolve any dispute informally by contacting the other party and making a good faith effort to resolve the issue for at least thirty (30) days before resorting to more formal means of resolution.
Arbitration Agreement: After the informal dispute resolution process, any remaining dispute, controversy, or claim relating in any way to Lavaflow AI’s services or products, including the Service, will be resolved by binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect. The arbitration will be conducted in the English language by a sole arbitrator. Judgment on the arbitration award may be entered in any court that has jurisdiction.
Class Action Waiver: YOU AND Lavaflow AI AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND Lavaflow AI EACH WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR CLASS ARBITRATION.
Exceptions: Notwithstanding the foregoing, claims within the jurisdiction of a small claims court, claims solely for injunctive relief, and intellectual property disputes may be brought in a court of proper jurisdiction.
Opt-Out: You have the right to opt out of the arbitration and class action waiver provisions by sending written notice to support@grablabs.com with the subject line “Arbitration Opt-Out” within thirty (30) days of your first registering to use the Service or agreeing to these Terms.
Costs of Arbitration: Payment of arbitration fees will be governed by the JAMS Rules, except as otherwise provided in this section.

12. Termination

Lavaflow AI may suspend or terminate your access to all or any part of the Service at any time, with or without cause or notice, including if you breach these Terms or our policies. Upon termination, your right to use the Service will immediately cease. Sections relating to intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and general provisions will survive any termination of these Terms.

13. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms or the Service will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. The proper venue for any disputes not subject to arbitration shall be the state and federal courts located in Delaware. You and Lavaflow AI agree to submit to the exclusive jurisdiction of such courts.

14. Modifications to These Terms

Lavaflow AI reserves the right to modify these Terms at any time. We will update the “Last Updated” date at the top of these Terms. If we make material changes, we will use reasonable efforts to notify you, such as by email or by posting a prominent notice on our website. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Terms.

15. General Provisions

These Terms constitute the entire agreement between you and Lavaflow AI regarding the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. You may not assign or transfer these Terms without our prior written consent, but Lavaflow AI may assign or transfer these Terms, in whole or in part, without restriction. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The section headings in these Terms are for convenience only and have no legal or contractual effect.

16. Contact Us

If you have any questions about these Terms or the Service, please contact us at:

Grab Labs, Inc.
1815B Centinela Ave.
Santa Monica, CA 90403
Email: support@grablabs.com

By using LavaFlow AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.