World Labs Terms of Service
Last updated date: November 12, 2025
The following document goes into effect on November 12, 2025. Continued use of the Services on or after that date signifies your acceptance of the changes.
Welcome to World Labs!
This Terms of Service, together with linked or referenced supplemental agreements, Supplemental Terms, exhibits, order forms, or other associated documents (collectively, "Terms of Service" or "TOS") forms an agreement between you, either as an individual or an organization you represent ("User", "you", "your", "yours"), and World Labs Technologies, Inc. ("World Labs", "we", "our", "us"). Each party to this TOS may be individually referred to as "Party" or collectively "Parties".
This TOS applies to your access to and use of: (i) the websites located at https://www.worldlabs.ai and https://marble.worldlabs.ai (or any successor links) and all associated web pages, websites, and social media pages provided by World Labs (the "Site"); and (ii) your use and access to our Services. Your agreement to this TOS is effective on the earliest date ("Effective Date") by which you either affirmatively consent (e.g., click a TOS checkbox or other mechanism as part of online registration) or access and use of the Services.
We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services ("Supplemental Terms"). Any Supplemental Terms become part of your agreement with us if you use the applicable Services. In the event of a conflict between this TOS and any Supplemental Terms, the Supplemental Terms will prevail.
This TOS is effective as of the "Last Updated" date above. World Labs may revise this TOS at any time in our sole discretion. Changes become effective immediately upon posting unless otherwise specified or agreed to in writing between the Parties. For changes that materially expand the terms hereunder, we will provide advance notice as required by law. You are responsible for regularly reviewing this TOS for updates. Accessing or using the Sites or Services after a change has been made signifies your acceptance of such change. If you do not agree to the amended TOS, you must immediately stop using our Services.
There are a number of important capitalized phrases (e.g., "User Content") used throughout this TOS, with specific meanings; please see the Definitions section (Section 12) to see how the phrase has been defined. If you have questions about any part of this TOS, please reach out to us via the Contact Us instructions under Section 13.
1. PROVISION OF THE SERVICES
1. License.
Subject to your compliance with this TOS and unless otherwise herein provided, World Labs grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services, depending on: (a) your compliance with this TOS and applicable Order Form; (b) whether you have an active Order Form (including for Subscription Services, Service Credits, or Top Up Credits), free account, or other authorized access; and (c) the specific Services and features included with your Account. With respect to any software included in the Services, you may install and use such software solely on devices you own or control and solely in connection with your authorized use of the Services. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.
1.2. Security.
World Labs shall implement and maintain technical and organizational Security Measures to safeguard its Systems and Services in accordance with relevant industry standards.
1.3. Specific Prohibitions.
You are expressly prohibited at this time from processing as part of the Services, on your own or using World Labs on your behalf:
- HIPAA. Any Protected Health Information, as defined within and subject to the Health Insurance Portability and Accountability Act of 1996 (as amended, the "HIPAA Act"), and the Privacy Standards and Security Standards and other rules and regulations promulgated thereunder, the Health Information Technology for Economic and Clinical Health Act (" HITECH Act"), and the rules and regulations promulgated thereunder (HIPAA Act, HITECH Act, the Privacy Standards, the Security Standards and such other rules and regulations, collectively, "HIPAA").
1.4. AI Technology Considerations.
a. AI System Disclosure. You acknowledge that the Services utilize artificial intelligence systems, including Large World Models ("LWMs") and spatial artificial intelligence technologies. World Labs implements AI risk management practices consistent with industry standards, where applicable.
b. Customer Responsibility for Regulatory Compliance. You are responsible for ensuring its use of the Services complies with applicable AI-specific regulations in your jurisdiction. You agree not to use the Services in any manner that would violate Applicable Law or cause World Labs to be subject to regulatory penalties.
c. Use of Data. Notwithstanding anything herein to the contrary, World Labs has the right and is free (during or after the Term) to collect, aggregate, use, and analyze User Submitted Content and Outputs for business purposes, including further development of World Labs Products or the Services, benchmarking, or training of World Labs AI Models. For Paid Accounts, World Labs shall implement reasonable measures to:
- Use anonymized and aggregated data for model training where reasonable and technically feasible
- Maintain industry-standard data security practices
- Comply with applicable data protection laws regarding automated processing
You may opt-out from World Labs's use of your User Submitted Content, per this Section, via your Account page.
d. Export Control Awareness. You acknowledge that AI technologies may be subject to export control restrictions and agree to comply with applicable export control laws.
2. ACCOUNTS, ELIGIBILITY, AND ACCESS
2.1. Age Requirements.
Users under 18 years of age (or the age of legal majority where you live) may not use our Services. If you are a parent or guardian and you believe that your child under the age of 18 is using our Services without your consent, please contact us via the Contact Us section.
2.2. Entity Authorization.
If you use our Services on behalf of another person or entity, (i) all references to "User", "you", "your", or "yours" throughout this TOS (other than in this Section) will include that person or entity; (ii) you represent that you are authorized to accept this TOS on that person’s or entity’s behalf; and (iii) in the event you or that person or entity violates this TOS, that person or entity also agrees to be responsible to us.
2.3. Jurisdiction.
You may only use our Services in jurisdictions authorized by World Labs. Use of our Services is currently authorized only in the regions where our Service is available by us.
2.4. Authorized Users.
Our Services are provided to you only for your internal or commercial use (where permitted). World Labs may enable you to designate Authorized Users to use our Services, and only you or such Authorized Users may use our Services under your Account. You will be solely responsible for your Authorized Users and their activity in connection with the Services.
2.5. Your Information.
You may provide certain information to World Labs in connection with your access or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive emails, SMS or text messages, and other types of communication from World Labs via the Services using the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to World Labs in connection with the Services is accurate. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy
2.6. Accounts.
You, and your Authorized Users (as applicable), must create an Account or link another Account, such as your Apple or Google account, in order to access and use certain of the Services. You may not share or permit others to use your individual Account credentials. You will promptly update any information contained in your Account if it changes. You must maintain the security of your Account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your Account without your permission. If applicable, you will ensure that all of your Authorized Users comply with all Account requirements set forth in this Section. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.
3. RESTRICTIONS
3.1. Use Restrictions.
You shall (i) be responsible for all use of the Services under your Account, subject to this TOS; (ii) be responsible for obtaining and maintaining any equipment, software, or ancillary services needed to connect to, access, or use the Services; (iii) ensure that your access to and use of the Services, and any User Content, complies with the AUP and DMCA Policy; (iv) be responsible for all User Content, including the responsibility for complying with and ensuring compliance with all Applicable Laws and this TOS; (v) not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license described above, and you represent and warrant that your User Content, and our use of such User Content as permitted by this TOS, will not violate any rights of any person or entity, including any rights of publicity or privacy, intellectual property rights, or other proprietary rights, or cause injury to any person or entity; or (vi) not use the Services in any way prohibited under Applicable Law, or that could cause the Services or any system with which the Services is integrated, connected, or communicates, to be classified as a "high risk" artificial intelligence system under Applicable Law, including for the purposes of Article 6(1) or Annex III (as amended or supplemented from time to time) of the EU AI Act.
3.2. Technology Restrictions.
You may not directly or indirectly: (i) reverse-engineer, decompile, disassemble, modify or create derivative works of the Services, or create, attempt to create or derive, or permit or assist any third-party to create or derive, the source code underlying the Services; (ii) attempt to probe, scan, or test the vulnerability of the Services, breach the security or authentication measures of the Services without proper authorization, or willfully render any part of the Services unusable; (iii) use or access the Services to develop a product or service that is competitive with the Services, engage in competitive analysis or benchmarking, develop competing AI models, or develop systems that replicate the Services core functionality; (iv) transfer, distribute, resell, lease, license, or assign the Services; or (v) otherwise use the Services in violation of Applicable Laws, this TOS, or World Labs expressed authorization.
4. IP; USER CONTENT
4.1. World Labs IP.
a. World Labs exclusively owns all rights, titles, and interests in and to the Services (including the text, graphics, images, photographs, videos, illustrations, software and other content contained therein), System Data, Feedback, its own Confidential Information, and all intellectual property rights therein and thereto, as protected under United States and foreign laws.
b. World Labs retains all rights in and to any Output, excluding any portion of your User Submitted Content included in the Output. World Labs grants you a revocable, non-exclusive, royalty-free, worldwide, fully paid license to use the Output as follows:
- (i) Paid Subscription Users: If you have an active order for paid Subscription Services, you may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit the Output for any purpose, including Commercial Purposes.
- (ii) Free Tier Users: If you are using the Services on a free or other unpaid basis, you may use, reproduce, modify, adapt, translate, and create derivative works from the Output solely for personal, Non-Commercial Use.
c. World Labs Content Access Rights. World Labs reserves the right, in its sole discretion, to charge fees for access to, viewing, downloading, or other interaction with Output content displayed on the World Labs Site or through the Services. This includes but is not limited to implementing premium access tiers, download fees, or subscription requirements for Output viewing and retrieval.
4.2. User IP.
a. Except as otherwise provided in this Section, you retain all rights in and to your User Submitted Content, excluding any portion of the Services included in or associated with your User Submitted Content.
b. You grant World Labs a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Submitted Content and any name, username or likeness provided in connection with your User Submitted Content, for any purpose, including to train or improve the Services or other products or services of World Labs, in all media formats and channels now known or later developed without compensation of any kind to you or any third party. You hereby irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Submitted Content that you may have under any Applicable Law or under any legal theory.
4.3. Visibility Notice.
In using the Services, you can input images, videos, information, and other materials into the Services, which will use various technologies to generate Outputs. When you input, post or otherwise share User Submitted Content on or through our Services, you understand that your User Submitted Content and any associated information (such as your username or profile photo) may be visible to others. If you choose to make any of your information publicly available through the Services, you do so at your own risk.
4.4. Trademarks.
World Labs, World Labs Marble, Marble and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of World Labs and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
4.5. Feedback.
You may voluntarily post, submit, or otherwise communicate to us Feedback about the Services. You recognize that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, in World Labs’ sole discretion including to (a) develop, copy, publish, or improve the Feedback; or (b) improve or develop products, services, or the Services based on or using the Feedback. World Labs will exclusively own all improvements to, or new, World Labs products or services based on any Feedback. You understand that World Labs may treat Feedback as non-confidential.
4.6. Reservation of Rights.
Except as expressly granted herein, the Parties reserve and retain their respective intellectual property rights and there are no other intellectual property licenses or rights, expressed, implied, or by way of estoppel, under any trademark, copyright, patent, or otherwise, granted by either Party to the other.
5. CONTENT MODERATION
5.1. Digital Millennium Copyright Act Compliance
a. DMCA Policy. In accordance with the Digital Millennium Copyright Act ("DMCA") and other Applicable Law, we have adopted a DMCA Policy (fully incorporated herein) covering removal of content and/or termination of Accounts, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. Violations of the DMCA Policy constitute a material breach of this TOS. See our DMCA Policy for information including detailed procedures for submitting takedown notices and counter-notifications.
b. User Responsibility. Users of our Services are responsible for ensuring they have appropriate rights to any User Submitted Content processed through the Services and that generated Outputs do not infringe third-party intellectual property rights.
5.2. Acceptable Use Policy
a. Acceptable Use Policy. Your use of our Services must comply with our Acceptable Use Policy, which is incorporated herein. Violations of the Acceptable Use Policy constitute a material breach of this TOS.
b. Content Moderation Authority. We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit, or monitor User Content, we may, subject to the Acceptable Use Policy: (i) delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including any violations of Applicable Law or this TOS; or (ii) terminate or suspend your access to all or part of the Services, temporarily or permanently, if your User Content is reasonably likely, in our sole determination, to violate Applicable Law or this TOS; or (iii) other consequences as outlined in the Acceptable Use Policy.
c. Enforcement Discretion. Enforcement of acceptable use standards is solely at World Labs' discretion, and failure to enforce in some instances does not constitute a waiver of our right to enforce in other instances.
6. PROMOTIONS, PRE-GA, AND THIRD-PARTY CONTENT
6.1. Promotions.
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available by us, including through the Sites or Services, may be governed by rules that are separate from this TOS. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this TOS, the Promotion rules will prevail.
6.2. Beta Services.
a. Beta Services. This Section describes the additional terms and conditions under which you may access and use certain features, technologies, and services made available to you by World Labs that are not yet generally available (each, a Pre-GA Product). You must comply with all terms related to any Pre-GA Product as posted through the Services or otherwise made available to you. World Labs may add or modify terms related to access to or use of any Pre-GA Product at any time.
b. Conversion; Termination of Access. World Labs may convert any Pre-GA Product into Services at any time and, unless otherwise terminated by World Labs, your account and access to the Pre-GA Product will convert to an ongoing account and access to the Services. Notwithstanding the foregoing, World Labs may suspend or terminate your access to or use of any Pre-GA Product at any time. Your access to and use of each Pre-GA Product will automatically terminate upon the release of a generally available version of the applicable Pre-GA Product or upon notice of termination by World Labs. Notwithstanding anything to the contrary in this TOS, after suspension or termination of your access to or use of any Pre-GA Product for any reason, (i) you will not have any further right to access or use the applicable Pre-GA Product, and (ii) any User Content (defined below) used in the applicable Pre-GA Product may be deleted or inaccessible.
c. Confidentiality. Feedback and suggestions you provide to us concerning a Pre-GA Product, and any information you might receive about or involving (including the existence of) any Pre-GA Product are World Labs’s confidential information and you may not disclose such Feedback, suggestions or other information to any third-party.
6.3. Third-Party Content.
a. Our Services rely on or interoperate with Third-Party Materials. These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that (a) the use and availability of the Services is dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate.
b. Specifically, certain items of independent, third-party code may be utilized in connection with the Services that may be subject to open-source licenses ("Open-Source Software"). The Open-Source Software is licensed to us under the terms of the license that accompanies such Open-Source Software and may be licensed to you under the terms of the same license or through other terms. Nothing in this TOS limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software.
c. We may further provide information about or links to Third-Party Content. We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third-parties and your use of or interaction with any Third-Party Content are solely between you and the third-party.
d. We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) in our Sites or Services at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials or Third-Party Content).
7. SALES
7.1. General Sales.
Certain components of the Services, including functions and rights beyond what we provide free of charge, may require Order Forms and payment. By purchasing Services with World Labs, including through our Site, the Order Form in Exhibit A applies, and you agree to the terms set forth in this Section 7.
7.2. Eligibility.
a. To complete your purchase, you must have a valid billing address within a country that can be selected as part of the checkout process on the Site (the "Territory"). We make no promise that Services available on the Site are accessible, appropriate, or available for use in locations outside the Territory.
b. You may only purchase Services for internal use by either yourself or your intended user of the Services. The Services are not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per payment card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.
7.3. Order Forms.
a. Commercial Terms. Specific commercial terms for Services will be set forth in separate orders, quotes, or similar ordering documents (each, an Order Form). Each Order Form must reference this TOS and be signed or otherwise executed by both Parties. Order Forms are incorporated into and made part of this TOS. In the event of a conflict between this TOS and any Order Form, the Order Form will prevail with respect to the specific Term and Services covered by that Order Form.
b. Default Terms. For customers who access Services without executing a separate Order Form, the terms set forth in Exhibit A (Default Order Form) shall apply. Any separately executed Order Form supersedes and replaces Exhibit A for the Services covered by such Order Form.
7.4. Pricing and Payment.
a. Pricing. Fees, payment terms, and due dates for Services shall be as specified in the applicable Order Form, on the Pricing Page, or as shown on the Site or in the Services. Unless otherwise specified in an Order Form, all fees are quoted and payable in United States Dollars (USD) and exclude taxes, unless otherwise required by Applicable Law. For international customers, World Labs may, in its sole discretion, accept payment in other currencies at exchange rates determined by World Labs' payment processors at the time of transaction. All prices are subject to change at any time. The timing and effectiveness of price changes will be determined by World Labs and communicated through the Pricing Page or other appropriate notice.
b. Fee changes. World Labs may modify any and all fees or other pricing at any time by updating the Pricing Page or providing other appropriate notice, including: (i) Subscription Service tier pricing and fees; (ii) Service Credit pricing, allocation rates, and consumption costs; (iii) Top-Up Credit pricing and purchase rates; (iv) credit-to-service action conversion rates and usage costs; (v) overage charges and penalty fees; (vi) feature access fees and premium service charges; and (vii) any other fees, costs, or pricing associated with the Services (collectively, "Service Fees"). Unless otherwise specified by World Labs at the time of posting, Service Fee changes become effective immediately upon posting to the Pricing Page and apply to all usage, billing, credit consumption, and service actions occurring after such posting. World Labs reserves the right, in its sole discretion, to implement alternative timing mechanisms for Service Fee changes, including: (a) deferring effectiveness to users' renewal periods following the month in which changes were posted; (b) providing advance notice periods before implementation; (c) grandfathering existing users at prior rates for specified periods; or (d) implementing staged rollouts across different user segments. If you do not agree to price changes, you may cancel your subscription, terminate this TOS, or otherwise close your Account.
c. Payment methods. If you wish to make a transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, or ACH information, to us or our payment processors. You agree to maintain current and valid payment method information. World Labs may update your payment method information through third-party sources (such as your bank or payment processor) to ensure uninterrupted service. You represent and warrant that you have the right to use any payment method that you submit in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under this TOS. Verification of information may be required prior to the acknowledgment or completion of any transaction.
d. Payment processing. You shall pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and any other charges applicable to your transactions. If World Labs cannot successfully charge your payment method, we may, in our sole discretion: (i) bill you for your Services and suspend your access to the Services until payment is received; or (ii) seek to update your Account information through third-party sources (i.e., your bank or a payment processor) to continue charging your Account.
e. Disputes. You may dispute charges in good faith by providing written notice to World Labs within thirty (30) days of the invoice date, specifying the basis for the dispute. World Labs will investigate disputed charges and respond within thirty (30) days. World Labs shall not suspend Services for disputed amounts during the investigation period, provided you pay any undisputed portions of invoices when due. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses.
f. Cancellations. You may cancel your Subscription Services at any time using the means described in your World Labs Account. Upon cancellation of any Subscription Services: (i) no refunds will be provided for current subscription payments, unused subscription-allocated Service Credits, or purchased Top-Up Credits; (ii) automatic renewal will be disabled; and (iii) you will retain access to Services through the end of your current billing period. After that period ends, your ongoing use of the applicable Services will be charged at the then-current subscription price.
g. Refunds. Unless otherwise specified in an Order Form, or required by Applicable Law, all fees are non-refundable. World Labs may, in its sole discretion, provide Service Credits for documented service outages or performance issues. Service Credits, if granted, will be applied to your next invoice and cannot be refunded as cash. Any overpayments will be credited to your account or refunded at World Labs' discretion.
h. Taxes. You are responsible for all applicable taxes, duties, and governmental charges (collectively, "Taxes") associated with its purchase and use of Services, except as otherwise required under Applicable Law. If you are exempt from any Taxes, you must provide World Labs with appropriate tax exemption certificates. For international transactions, your responsible for any applicable value-added tax (VAT), goods and services tax (GST), or similar taxes in your jurisdiction.
7.5. Subscriptions.
Certain Services may be offered on a subscription basis with recurring billing ("Subscription Services"), separated into different subscription tiers. By enrolling in Subscription Services, you authorize World Labs to charge your designated payment method automatically for recurring fees. Subscription Services will automatically renew for successive periods equal to the initial subscription term, subject to the terms and pricing in effect at the time of renewal.
7.6. Credits.
a. Service Credits. Service Credits pricing, allocation rates, consumption costs, and expiration terms are subject to the pricing modification procedures set forth in Section 7.4(b). Users may access and use the Services through Service Credits, which may be allocated as part of their Subscription Service or purchased separately as Top-Up Credits. You are responsible for confirming the balance of your Service Credits, including whether the amounts of Service Credits added or deducted from your balance are accurate. Unless otherwise indicated, Service Credits are non-refundable, non-transferable, and may only be used in connection with your access to and use of the Services. Service Credits are not redeemable as currency or otherwise exchangeable for money or any sum of monetary value. Service Credits expire on timetables set in your Order Form. Your Service Credit balance is not a digital wallet, stored value account, bank account, or other payment device. We reserve the right to terminate or suspend your access to Service Credits, including your Service Credit balance, in compliance with Applicable Law.
b. Top Up Credits. You may purchase additional Service Credits ("Top-Up Credits") beyond your subscription allocation through your Account or as otherwise made available by World Labs. Top-Up Credits: (i) are purchased separately from Subscription Service fees; (ii) do not expire monthly like subscription-allocated credits; (iii) remain valid for one (1) year from the date of purchase ("Top Up Period"); (iv) carry over month-to-month during the Top Up Period and (v) expire automatically if unused after the Top Up Period. Top-Up Credits are consumed after subscription-allocated credits are exhausted in any given billing period. All other terms applicable to Service Credits apply equally to Top-Up Credits.
7.7. Reservation of Rights.
World Labs reserves the right to modify pricing, discontinue Services, refuse service to any customer, reject any order, alter payment options, and limit available purchases, all as specified in applicable Order Forms and subject to the terms of this TOS.
8. INDEMNIFICATION
8.1.
To the fullest extent permitted by Applicable Law, you will indemnify, defend, and hold harmless World Labs, our affiliates, and our respective officers, directors, agents, partners, and employees (individually and collectively, the "World Labs Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Indemnity Claims") arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of this TOS; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify World Labs Parties of any third-party Indemnity Claims, cooperate with World Labs Parties in defending such Indemnity Claims, and pay all fees, costs, and expenses associated with defending such Indemnity Claims (including attorneys' fees). The World Labs Parties will have control of the defense or settlement, at World Labs’ sole option, of any third-party Indemnity Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and World Labs or the other World Labs Parties.
9. REPRESENTATIONS, WARRANTIES, DISCLAIMERS; LIABILITY LIMITS; RELEASES
9.1. Representations and Warranties.
a. Both Parties. Each Party represents and warrants that i) it has the full right, power, and authority to enter into this TOS, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder; and ii) when executed, this TOS will constitute the legal, valid, and binding obligations of both Parties, enforceable against both Parties in accordance with its terms.
b. User Warranty. You warrant that i) if you are an organization, company, or entity, you are duly organized, validly existing, and in good standing as a corporation or other entity as represented herein under the laws and regulations of your jurisdiction of incorporation, organization, or chartering; ii) if you are an organization, company, or entity, the signatory of any Order Form or other document executed on your behalf will be duly authorized by any necessary corporate action to act for you in such capacity; and iii) you have all the necessary rights and consents to provide to World Labs, process within the Services, and permit World Labs to use (as provided in this TOS) any User Content.
9.2. Disclaimers.
a. General Warranty Disclaimers. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WORLD LABS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, OUTPUTS, AND ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
b. AI and Tech-Specific Disclaimers. YOU ACKNOWLEDGE THAT: (A) THE SERVICES MAY GENERATE OUTPUT CONTAINING INCORRECT, BIASED, OR INCOMPLETE INFORMATION; (B) THE INSIGHTS AND OUTPUTS PROVIDED BY THE SERVICES DO NOT CONSTITUTE PROFESSIONAL ADVICE OR COUNSEL; (C) OTHER USERS MAY CREATE SIMILAR OR IDENTICAL OUTPUTS; AND (D) WORLD LABS HAS NO RESPONSIBILITY FOR THIRD-PARTY INFRINGEMENT CLAIMS RELATED TO YOUR USE OF OUTPUTS.
c. Beta and Pre-GA Products. WORLD LABS MAY OFFER PRE-GA PRODUCTS TO CUSTOMERS ON A VOLUNTARY USE BASIS; SUCH PRODUCTS ARE NOT SUITABLE FOR PRODUCTION USE AND ARE PROVIDED "AS-IS" ON A TEMPORARY BASIS. FOR PRE-GA PRODUCTS, WORLD LABS PROVIDES NO INDEMNITIES; SERVICE-LEVEL COMMITMENTS; REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED), INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. ACCORDINGLY, CUSTOMER’S ACCESS TO AND USE OF A PRE-GA PRODUCT IS ENTIRELY AT CUSTOMER’S OWN RISK. USER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. IN NO EVENT WILL WORLD LABS BE LIABLE FOR ANY SUCH USE OR DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR ACCESS TO PRE-GA PRODUCTS. USER IS HEREBY ADVISED TO SAFEGUARD IMPORTANT DATA, USE CAUTION WHEN ACCESSING OR USING PRE-GA PRODUCTS, AND NOT TO RELY ON IN ANY WAY THE CORRECT FUNCTIONING OR PERFORMANCE OF ANY PRE-GA PRODUCT.
d. Service Reliability. WORLD LABS DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ACCESS TO OUR SERVICES OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) WILL BE UNINTERRUPTED.
e. Third-Party Materials. WORLD LABS IS NOT RESPONSIBLE FOR ANY NON-WORLD LABS PRODUCTS, THIRD-PARTY CONTENT, OR INTEGRATIONS, DOES NOT GUARANTEE THEIR CONTINUED AVAILABILITY, AND MAY CEASE MAKING INTEGRATIONS AVAILABLE IN WORLD LABS’ SOLE DISCRETION.
f. User Content. WORLD LABS IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU, OTHER USERS, OR THIRD-PARTIES CREATE, UPLOAD, POST, SEND, RECEIVE, OR STORE ON OR THROUGH THE SERVICES.
g. Beneficiaries. ALL DISCLAIMERS ARE MADE FOR THE BENEFIT OF WORLD LABS, WORLD LABS PARTIES, AND WORLD LABS' RESPECTIVE SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, AFFILIATES, SUPPLIERS, AND SERVICE PROVIDERS, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
h. Risk Allocation. UNLESS OTHERWISE HEREIN PROVIDED, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND ALL CONTENT PROVIDED THEREIN.
9.3. LIMITATION OF LIABILITY
a. UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL WORLD LABS OR THE WORLD LABS PARTIES BE LIABLE TO YOU UNDER THIS AGREEMENT FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR LOST CONTENT OR DATA, EVEN IF A REPRESENTATIVE OF SUCH PARTY HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) EXCLUDING USER’S PAYMENT OBLIGATIONS, ANY AGGREGATE DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY USER UNDER THE APPLICABLE ORDER FORM(S) DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF WORLD LABS OR THE OTHER WORLD LABS PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9.4. Release.
To the fullest extent permitted by Applicable Law, you release World Labs and the other World Labs Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between Users and the acts or omissions of third-parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
10. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. THESE SECTION 10 TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS-ACTION WAIVER, WHICH MEANS YOU AND WORLD LABS AGREE TO RESOLVE MOST DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL. THIS SECTION LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU MAY OPT OUT WITHIN 30 DAYS BY EMAILING LEGAL@WORLDLABS.AI WITH YOUR FULL NAME, ADDRESS, AND CLEAR INTENT TO OPT OUT.
10.1. Agreement to Arbitrate.
You and World Labs agree to resolve disputes through binding individual arbitration, not in court or through class actions.
A "Claim" means any dispute, claim, or controversy (excluding small claims court cases and intellectual property disputes as specified below) between you and World Labs, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to this TOS or the Services, including any privacy or data security claims or claims related to the validity, enforceability, or scope of this arbitration requirement or any portion of it. Exceptions: The following types of Claims are not subject to arbitration: (i) individual Claims brought in small claims court, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; (ii) any claim exclusively related to intellectual property and related rights of you or Worlds Labs, including disputes over injunctive or other equitable relief to stop unauthorized use of intellectual property ("IP Claims").
10.2. What This Means:
- No Jury Trials: Neither party can demand a jury trial.
- No Class Actions or Representative Proceedings: You cannot join a class action lawsuit, class arbitration, or participate as a plaintiff or class member in any purported representative proceeding.
- Individual Basis Only: Each dispute is resolved separately.
- Binding Decision: The arbitrator's decision is final and binding.
10.3. Required Steps Before Arbitration.
Step 1 - Informal Resolution: Before filing for arbitration, User may send a written notice to legal@worldlabs.ai or conversely World Labs may send a written notice to User at the email or other address on record, in either case describing the dispute and desired resolution ("Claimant Notice"). The Parties shall attempt good faith negotiations for 30 days ("Informal Resolution Period") from receipt of the Claimant Notice. If you or World Labs file a Claim in court or proceed to arbitration without providing a compliant Claimant Notice and waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the Party that has not followed the informal resolution process to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.
Step 2 - Arbitration Filing: If informal resolution fails, either party may file for arbitration with National Arbitration and Mediation ("NAM") at namadr.com. If NAM notifies the parties in writing (email suffices) that it is not available to arbitrate any Claim, then that Claim may only be settled by binding individual arbitration conducted by American Arbitration Association ("AAA"). For Claims that must be arbitrated by AAA, if you are a "Consumer", meaning that you only use the Services for personal, family or household purposes, the then-current version of the AAA's Consumer Arbitration Rules apply as modified by this TOS. If you are not a Consumer, the then-current version of the AAA's Commercial Arbitration Rules and Mediation Procedures apply.
10.4. Arbitration Procedures.
- Single Arbitrator: One neutral arbitrator decides the case whose decision will be final and binding.
- Hearing Format:
- Claims under $10,000: Written submissions only (unless arbitrator requires hearing).
- Claims $10,000+: Video/phone hearing (in-person if arbitrator determines necessary).
- Location: If in-person hearing required, San Francisco County, CA, unless this would pose a substantial hardship for you, in which case the hearing may be conducted in your state and county of residence.
- Language: English.
- Decision: Written decision with reasoning required. The arbitrator must provide a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
- Enforcement: Judgment on the arbitration decision may be entered in any court having jurisdiction thereof.
- Discovery: Discovery will be permitted pursuant to the applicable Rules. However, discovery may be limited by the arbitrator if the arbitrator determines that the discovery sought is excessive given the amount in controversy or the complexity of the issues.
- Confidentiality: If you or World Labs submits a Claim to arbitration, you and World Labs agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration.
10.5. Arbitrator Authority and Limitations.
To the fullest extent allowed by Applicable Law, the arbitrator may only award legal or equitable remedies that are individual to you or World Labs to satisfy one of the individual Claims (that the arbitrator determines are supported by credible relevant evidence). The arbitrator will not have the authority to award punitive or exemplary damages, except where permitted by statute, and each party hereby waives its right to recover punitive or exemplary damages with respect to such Claims. The arbitrator cannot award relief benefiting persons other than the parties to the arbitration.
10.6. Costs and Fees.
Each party pays their own arbitration fees per applicable rules. To the extent permitted by Applicable Law, a claimant must pay all costs incurred by the defending party, including any attorney's fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution
Settlement Offers: If a party rejects the latest written settlement offer and the final arbitration award is less favorable than the rejected offer, that party must pay all costs and fees (including arbitration, attorney, and expert fees) incurred by the other party after the settlement offer was made.
10.7. Mass Claims Process.
If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered "Coordinated Claims".
- Bellwether Process: After that point, counsel for the parties shall select 20 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side shall select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The entire bellwether process, including mediation, must be completed within 18 months of the first claim notice, unless parties agree in writing to extend this deadline.
- Mediation: After initial arbitrations conclude (or sooner if the claimants and the other party agree), parties must engage in good faith mediation of all remaining Coordinated Claims, with World Labs paying the mediator's fee.
- Court Authority: A court shall have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it. If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by Applicable Law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party.
- Impracticability Waiver: To the extent you are asserting the same Claim as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable.
10.8. Time Limit and Tolling.
All claims must be filed within one year of when they arise, or they're permanently barred. The statute of limitations and any filing fee deadlines for a Claim shall be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process. Applicable statutes of limitations will be tolled for Claims asserted in Coordinated Claims from the time a compliant Claimant Notice has been received by a party until this TOS permits such Coordinated Claim to be filed in arbitration or court.
10.9. Opt-Out Right.
You may opt out of this arbitration requirement by emailing legal@worldlabs.ai within thirty (30) days of the later of: (i) the date you first accepted this TOS; or (ii) the date you first had notice of this arbitration agreement. Include your full name, mailing address, email, and clear statement opting out of arbitration. If you opt out, World Labs will also not be bound by this arbitration agreement as to you.
10.10. Changes to This Section.
You may reject any change we make to this arbitration section (except address changes) by emailing legal@worldlabs.ai within 30 days of the change. Changes to this arbitration section may only be rejected as a whole, and you may not reject only certain changes. If you reject the change, your Account will be governed by the arbitration terms that were in place immediately before the rejected change.
10.11. If Part of This Section Is Invalid.
If a court decides that Applicable Law precludes enforcement of any of this Section 10’s limitations as to a particular Claim for relief, then that Claim (and only that Claim) must be severed from the arbitration and may be brought in court. If a court decides that the limitation of liability provisions in this TOS are not enforceable as to a particular Claim, then the agreement to arbitrate will not apply to that Claim. If any part of this arbitration section is found unenforceable, that part is removed but the rest remains in effect. If class or representative claims must proceed, they go to court while individual claims remain in arbitration.
10.12. International Users.
If you live outside the United States, you may choose arbitration under this section or pursue dispute resolution in your home jurisdiction according to the dispute resolution process set forth under the law of your country of residence or other jurisdiction as permitted by local law.
10.13. Governing Law, Venue, and Survival.
This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16, and California law. Any court proceedings (if permitted) occur in San Francisco County, California. This Section 10 will survive any termination of your relationship with World Labs.
11. GENERAL
11.1. Entire Agreement.
This TOS comprises the entire agreement between the Parties with respect to its subject matter and supersedes all prior and contemporaneous proposals, statements, sales materials or presentations, and agreements, both oral and written. No oral or written information or advice given by World Labs Parties create any warranty or in any way increase the scope of the warranties in this TOS.
11.2. Modifying Services.
We reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. World Labs may also terminate individual user Accounts for convenience at any time, provided that Users with active paid Subscription Services will retain access through the end of their current billing period. All modifications and additions to the Services will be governed by this TOS or the Supplemental Terms, unless otherwise expressly stated by World Labs in writing. You also have the right to stop using our Services at any time, and you may terminate your Account. We are not responsible for any loss or harm related to your inability to access or use our Services per this Section 11.2.
11.3. Relationship of the Parties.
Nothing in this TOS constitutes or evidences any partnership, joint venture, employment, or agency relationship between the Parties.
11.4. No Third-Party Beneficiaries.
This TOS is solely between the Parties and does not confer any rights or remedies to any person or entity except as may be expressly provided herein.
11.5. Priority.
In the event of conflict between documents, the order of precedence shall be: (1) the applicable Order Form; (2) this TOS.
11.6. Assignment.
Neither Party will have the right or ability to assign or subcontract any rights or obligations under this TOS without the written consent of the other Party. Notwithstanding the foregoing, either Party may assign or transfer this TOS without the other Party’s prior written consent to the Party’s affiliates or subsidiaries, or in connection with a restructuring, merger, or consolidation, or sales of all or substantially all of such Party’s assets. Any attempted assignment in violation of this TOS will be void and without effect.
11.7. Amendment; Waiver.
Except as otherwise expressly provided herein, any amendment of, waiver of rights under, or modification of this TOS must be in writing and signed by both Parties. Failure or delay by either Party to enforce any provision of this TOS will not be deemed a waiver of future enforcement of that or any other provision.
11.8. Equitable Relief.
The Parties acknowledge that a breach of this TOS may result in irreparable and continuing harm for which no adequate remedy at law exists, and that the non-breaching Party will be entitled to seek injunctive relief, a decree for specific performance, and/or such other equitable relief as may be appropriate (including monetary damages).
11.9. Governing Law.
Any Claims will be governed by and construed and enforced in accordance with the laws of the State of California, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Claim is not subject to arbitration pursuant to Section 10, then the state and federal courts located in the County of San Francisco, California, will have exclusive jurisdiction. You and World Labs waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.
11.10. Export Control.
You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users.
11.11. Severability.
If any portion of this TOS other than Section 10 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from this TOS; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this TOS; and (c) the unenforceable or unlawful provision may be revised to the extent required to render this TOS enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve this TOS and the intent of this TOS to the fullest possible extent.
11.12. Notices.
Except as otherwise set forth herein, all notices required or permitted hereunder will be in writing and deemed to have been duly given to the addresses specified in the preamble: (i) on the next day if delivered personally to such Party; (ii) on the next day after mailing if mailed by registered or certified mail; (iii) if sent by email from and to the addresses herein specified; or (iv) to such other address or email as either Party may notify the other through written notice.
11.13. Interpretation and Severability.
The Section or other provision titles in this TOS are for convenience of reference only and do not in any manner affect the construction or meaning of anything herein contained or govern the rights or liabilities of the Parties hereto. The words "include," "includes," and "including" shall be deemed to be followed by the words "without limitation". The word "or" is not exclusive. The words "herein," "hereof," "hereto," and "hereunder" refer to this TOS as a whole. In the event that any provision of this TOS is determined to be illegal or unenforceable, that provision will be limited or eliminated such that this TOS will otherwise remain in full force and effect and enforceable.
12. DEFINITIONS
12.1.
"Account" means the user profile created with World Labs that enables access to and use of the Services, and accessible at https://marble.worldlabs.ai/account.
12.2.
"Acceptable Use Policy" or "AUP" means the policy covering permitted and prohibited uses of the Services, herein incorporated in its entirety, provided by World Labs and available at https://www.worldlabs.ai/AUP.
12.3.
"Applicable Law" means all laws and regulations applicable to a Party's use of the Services.
12.4.
"Authorized Users" means users authorized by you to use the Services.
12.5.
"Confidential Information" means any information disclosed by a Discloser to a Recipient that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential in light of the nature of the information and the circumstances surrounding disclosure, including without limitation, the existence and terms of this TOS, information relating to employees of a Party, and any business, financial, technical, customer, or product plans, forecasts, strategies or other information not generally known to the public, whether or not stored in any medium. Confidential Information does not include Feedback, or information that (i) at the time of disclosure or thereafter becomes generally known to the public through no fault of the Recipient, and information that becomes public through promotional activities contemplated by this TOS; (ii) was already independently known by the Recipient prior to disclosure by the Discloser, as shown by the Recipient's written records; (iii) is at any time independently developed by the Recipient without reference to or possession of the Discloser's Confidential Information, as shown by the Recipient's written records; or (iv) is disclosed to the Recipient by a third party which did not directly or indirectly obtain such information from the Discloser subject to any confidentiality obligation.
12.6.
"Commercial Purpose" means any use of the Output, including but not limited to: (A) receiving compensation, payment, or commercial benefit from the use of the Output; (B) using the Output in connection with any business, commercial enterprise, or revenue-generating activity; (C) selling, licensing, distributing, or otherwise commercially exploiting the Output; (D) using the Output for marketing, advertising, or promotional purposes for any commercial entity; or (E) incorporating the Output into any product or service offered for sale or commercial distribution.
12.7.
A "Discloser" means a Party which discloses Confidential Information to a Recipient.
12.8.
"DMCA Policy" means the policy covering compliance with the Digital Millennium Copyright Act, herein incorporated in its entirety, provided by World Labs and available at https://www.worldlabs.ai/DMCA_Policy.
12.9.
"Feedback" means any questions, comments, suggestions, ideas, original or creative materials, or other information about World Labs or our Services, which may be voluntarily or gratuitously provided to World Labs by you from time to time during the Term of this TOS.
12.10.
"Input" means User-provided prompt, script, images, videos, information, or other materials that Users can input, upload, or submit to the Services.
12.11.
"Non-Commercial Use" means use for personal, educational, or non-profit purposes where you do not: (A) receive any form of compensation, payment, or commercial benefit; (B) use the Output in connection with any business, commercial enterprise, or revenue-generating activity; (C) sell, license, distribute, or otherwise commercially exploit the Output; (D) use the Output for marketing, advertising, or promotional purposes for any commercial entity; or (E) incorporate the Output into any product or service offered for sale or commercial distribution.
12.12.
"Order Form" means an order entry, form, quote, or other similar ordering action or document that identifies key information, including the Services World Labs will provide to You, the pricing for the Services, and other order-specific terms. An Order Form must reference this TOS and be signed or otherwise duly executed by both Parties. Exhibit A Order Form is incorporated into this TOS, applying to default website accounts. Separate Order Forms may supersede Exhibit A unless otherwise agreed.
12.13.
"Output" means images, videos, text, 3D worlds, and other materials, generated by the Services based on a User's input.
12.14.
"Paid Account" means a non-free paid or payable Account, including active Standard, Pro, or Max Subscription Service plans, purchased Service Credits, or purchased and unused Top Up Credits.
12.15.
"Pre-GA Product" means a product, feature, service, or other content that World Labs makes available to you, but which is identified as an "Alpha" or "Beta" version, "Pre-GA" or "Pre-Release", or another identifier that indicates that the item is not yet generally-available. World Labs may offer such Pre-GA Products to you on a voluntary use basis; such products are not suitable for production use and are provided "as-is" on a temporary basis.
12.16.
"Pricing Page" means the current pricing, services, or other fee schedules covering the free and paid Subscription Services, Service Credits, and related products, features, and functions made available by World Labs to Users.
12.17.
"Recipient" means a Party which receives Confidential Information from a Discloser.
12.18.
"Services" means collectively the Site as well as World Labs' Products.
12.19.
"Service Credits" means pre-paid credits for use with the Services.
12.20.
"System" means any system, network, platform, database, computer, facility, application, software, hardware, interface, development or performance testing tool, telecommunications equipment, cabling, storage device, or other technology used in connection with the Services.
12.21.
"System Data" means data collected by World Labs that may be used to generate logs, statistics, or reports concerning the performance, availability, usage, integrity, or security of the Services.
12.22.
"Terms of Sale" means the terms set forth in Section 6 regarding payment for certain of the Services.
12.23.
"Third-Party Content" means information about or links to third-party products, services, activities, or events, or content and information made available by third parties, on or through the Services.
12.24.
"Third-Party Materials" means third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators.
12.25.
"User" means any individual who accesses or uses the Services, including Authorized Users.
12.26.
"User Content" means User Submitted Content, together with any Input and Output.
12.27.
"User Submitted Content" means content, including messages, text, photos, videos, Input, and other materials that Users and other users can Input, create, post, store, and share through the Services.
12.28.
"World Labs Products" means World Labs' products and services, including spatial intelligence AI products covering Large World Models (LWMs) and associated software, APIs, interfaces, and cloud-based infrastructure.
13. CONTACT US
If you have a question or complaint regarding the Services, please send an email to support@worldlabs.ai or legal@worldlabs.ai. You may also contact us by writing to 640 2nd Street, Floor #3, San Francisco, CA 94107. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us.
Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
EXHIBIT A: ORDER FORM
| Order Details | Entries |
|---|---|
| World Labs | World Labs Technologies, Inc. |
| Address and email | See Contact Us section of the main TOS |
| User | User Name, Address, Email: As registered in User's Account |
| Service Details | "Order Start Date": Account creation date |
| "Service Term": Month-to-Month | |
| "Renewal": Automatic | |
| Invoicing Details | "Invoice Schedule": Monthly |
| "Payment Method": Credit card on file | |
| "Payment Term": Due upon receipt |
1. ORDER SUMMARY
1.1. Services.
World Labs will provide access to the Services as selected by you, and reflected in your Account.
1.2. Invoice and Payments.
Invoices will be issued based on the Invoice Schedule specified in the Order Details above. World Labs will invoice you for such fees as per the Invoice Schedule and you shall pay said invoices within the Payment Term. Payment will be processed using the Payment Method specified in the Order Details above.
1.3. Pricing.
You will be provided with Service Credits or enrolled in subscription billing based on your Subscription Service or other elections in your Account. All Subscription Services and Service Credit pricing, features, and service specifications are subject to modification by World Labs in accordance with TOS Section 7.4(b). Users should refer to the Pricing Page for the most up-to-date terms and pricing information.
2. SERVICE ENTITLEMENTS AND CREDITS
2.1. Service Entitlements.
Upon enrollment in any Subscription Services, you will receive the commensurate Service Credits, usage rates, feature access, and service capabilities associated with your elected Subscription Service. Your specific entitlements, including Service Credit allocations and feature availability, are determined by your active Subscription Service tier, and are subject to the Pricing Page fee schedules and related terms.
2.2 Credit Allocation and Expiration.
a. Monthly Allocation. Service Credits are allocated to your Account on a monthly basis according to your active subscription plan. Unused Service Credits expire at the end of each monthly billing period and do not carry forward to subsequent periods.
b. Overages. If your Service Credit usage in any billing period exceeds your subscription plan's monthly allocation ("Overage Usage"), you will be charged for such Overage Usage at your next billing cycle. Overage charges will be calculated as: (number of excess credits used) × (per-credit rate for your subscription tier as specified on the Pricing Page) and will be added to your next subscription payment. You authorize World Labs to charge your designated payment method for the combined amount of your regular subscription fee plus any Overage charges. You must pay any outstanding overage balance in full before being eligible to purchase Top-Up Credits. If you purchase Top Up Credits when your Account reflects an unpaid Overage Usage, any payment for Top Up Credits would go first to pay off the Overage Usage balance.
c. Credit Consumption and Pricing. Service Credits are consumed based on your use of the Services, with each service action having an associated credit cost as specified at the Pricing Page. Credit consumption occurs in real-time upon completion of each service action. You are responsible for monitoring your credit balance and usage.
2.3 Plan Modifications.
You may modify your Subscription Service plan at any time, subject to the terms and pricing in effect at the time of modification. Plan downgrades take effect at the beginning of your next billing period unless otherwise specified. Downgrades may result in loss of access to certain features or reduced credit allocations. Plan upgrades take effect immediately, and should a User upgrade from the Standard plan to the Pro or Max plans, unused Standard plan Service Credits are applied as discounts for the first month of the upgrade Pro or Max plans.
3. TERM AND RENEWAL
3.1. Initial Term.
This Order Form commences on the Order Start Date and continues on for the Service Term, unless terminated ("Initial Term").
3.2. Automatic Renewal.
This Order Form automatically renews for successive monthly periods equal to the preceding subscription term (each a "Renewal Term"), subject to the terms and pricing in effect at the time of renewal, unless terminated or cancelled before the renewal
4. ADDITIONAL TERMS
4.1. Governing Terms.
Unless otherwise herein provided, any terms not specified in this Order Form shall be governed by and subject to the applicable provisions of the TOS.
4.2. Contact Information.
For questions regarding this Order Form or billing matters, see the Contact Us section in the TOS.