These “Flux Terms” govern a User’s commercial‑subscription access to the `Flux [dev]` text‑to‑image AI model (“Flux Model”) when the model is made available solely through the Invoke AI, Inc. (“Invoke,” “we,” “us,” “our”) hosted software‑as‑a‑service platform (“Invoke Service”). The Flux Model itself is licensed to Invoke by Black Forest Labs, Inc. (“BFL”).
By purchasing or using a commercial plan that enables Flux Model functionality, User agrees to these Flux Terms, which supplement the User's governing agreement with Invoke (e.g., the Master Services Agreement or Terms of Service, herein the "Governing Agreement").
Capitalized terms not defined here have the meanings given in the Governing Agreement.
Conflict Resolution: In the event of a direct conflict between these Flux Terms and the Governing Agreement, these Flux Terms shall control with respect to the Flux Model Functionality only. For all other functionality or models, the Governing Agreement applies.
Definitions
“User” means the business entity or individual that purchases a commercial subscription to the Invoke Service and, through that Service, submits prompts to the Flux Model.
“Flux Model Functionality” means the integrated image generation capability provided by Invoke accessing the hosted Flux Model and any Derivatives (defined below) when accessed exclusively through the Invoke Service.
“Derivatives” means any modified or fine‑tuned version of the Flux [dev] Model, or auxiliary models that are trained for compatibility with the Flux [dev] model, whether created inside the Invoke Service using tools provided by Invoke or imported by users. For the avoidance of doubt, Outputs are not considered Derivatives.
“Outputs” means any content generated by utilizing the Flux Model Functionality in response to User inputs. Outputs are not themselves the Flux Model or its parameters.
1. Permitted Access and Use
1.1. Grant of Access. Subject to timely payment of fees and compliance with the Governing Agreement and these Flux Terms, Invoke grants User a non‑exclusive, non‑transferable right—during the subscription term—to access and use the Flux Model Functionality solely through the Invoke Service for User’s internal business operations. For clarity, "internal business operations" permits User to create and distribute Outputs externally (e.g., for marketing, client work, product display), but does not permit User to provide third parties with direct access to the Flux Model Functionality itself via an API or similar means, as prohibited in Section 1.3.
1.2. No Model License. This is not a license or sublicense to the Flux Model itself, to any Derivative checkpoint, or to the model’s weights or parameters. User’s rights are limited to utilizing the model within Invoke’s service and technologies.
1.3. No External Endpoints. User may not: host, expose, or enable any API or other interface that would allow third parties to interact with the Flux Model or a Derivative outside the Invoke Service.
1.4. Support Requests in Writing. If User needs technical assistance or wishes to download derivative models for use outside of the Invoke platform, the request must be sent in writing to the assigned account representative or support@invoke.ai. BFL may approve or deny such requests in its sole discretion; approval does not expand the scope of access granted in Section 1.1.
2. Ownership and Rights to Outputs
As between User, Invoke, and BFL, User owns the Outputs it generates, subject to the licenses User grants Invoke under the Governing Agreement. User is solely responsible for Outputs and their downstream use, including compliance with Sections 3 and 4 below.
3. Derivatives
3.1. Authorized Derivative Creation User is authorized to create Derivatives only through fine‑tuning tools built into the Invoke Service. All Derivatives are subject to the same restrictions that apply to the Flux Model and may not be downloaded, exported, or used outside the Invoke Service.
3.2. Limitations User may not use the Flux Model, a Derivative, or any Outputs to train, fine‑tune, or improve (directly or indirectly) any model or service that competes with the Flux Model or the Invoke Service.
4. Restrictions In addition to the Acceptable‑Use provisions of the Governing Agreement, User must not:
4.1. sell, resell, sublicense, distribute, or otherwise transfer the Flux Model, a Derivative, or access thereto, separate from the Invoke Service;
4.2. reverse‑engineer, decompile, or disassemble the Flux Model or any Derivative;
4.3. use the Flux Model, a Derivative, or any Outputs:(a) for military or weapons purposes;(b) for surveillance or related R&D;(c) for biometric processing or identification;(d) in any manner that infringes, misappropriates, or violates a third‑party right; or(e) in violation of applicable law, including data‑protection and privacy statutes;
4.4. export, re‑export, or otherwise use the Flux Model or a Derivative from, or for the benefit of, any country or person that is prohibited under U.S. export‑control or sanctions laws; and
4.5. alter or obscure proprietary notices on any part of the Invoke Service or Flux Model interfaces.
5. High‑Risk Use Disclaimer The Flux Model, its Derivatives, and Outputs (collectively, “Model Materials”) are not designed for—and must not be deployed in—any application where failure could reasonably be expected to cause death, personal injury, or severe property or environmental damage, or where it could lead to unlawful discrimination or privacy violations (“High‑Risk Use”).
6. Indemnification User will indemnify, defend, and hold harmless Invoke and its licensors (including BFL) from any claim, loss, or expense arising out of or relating to (i) User’s prompts, Outputs, usage of the Flux [dev] model, Derivatives, or downstream use, or (ii) User’s breach of these Flux Terms.
7. Termination; Survival
7.1. Invoke may suspend or terminate User’s access to the Flux Model Functionality if User materially breaches these Flux Terms and fails to cure within fifteen (15) days of written notice.
7.2. Upon termination or expiration of the subscription term, User must immediately cease using the Flux Model Functionality and any Derivatives, except that User may continue to store and use Outputs previously generated.
7.3. Sections 1.2, 1.3, 2, 3, 4, 5, 6, and 7.3 survive termination.
8. Modifications to Flux Terms
Invoke may update these Flux Terms from time to time by providing User notice through the Invoke Service interface, User's account email, or by posting the updated terms at the URL specified above (or a successor URL designated by Invoke). Continued use of the Flux Model Functionality after an update constitutes acceptance of the revised terms.
