Terms of service
These Terms form an agreement between Resolute Labs AI, Inc., a Delaware corporation operating as Experiential Labs (Experiential, we, us), and the person or entity accepting them (Customer, you). Our business address is 989 Market Street, 2nd Floor, San Francisco, CA 94103, United States. Our legal contact is founders@experientiallabs.ai.
1 Scope and related agreements
These Terms cover our public website at experientiallabs.ai (Website) and our hosted platform, API, gateway and related features (Services). A model or feature is included only if enabled for your plan. Separately purchased consulting, managed-model and other bespoke services are governed by their signed agreements.
Our Privacy policy explains our personal-data practices. Our Data processing addendum (DPA) forms part of these Terms where we process personal data on your behalf and applicable law requires a processor or service-provider agreement. This does not depend on purchasing a particular plan. Contact us about separately negotiated data-protection or commercial terms.
A signed customer agreement prevails over conflicting provisions of these Terms. The DPA prevails on its data-protection subject matter, and mandatory transfer clauses retain their required precedence. These Terms do not override an existing agreement's amendment rules or expand our rights to previously collected data.
Open-source software, including gateway source distributed under Apache License 2.0, is governed by its software license. Running that software yourself does not, by itself, constitute a purchase of the Services. These Terms govern any hosted features you connect to. Third-party models, software and provider accounts remain subject to their applicable terms.
2 Eligibility and acceptance
The Services are available to business and individual customers aged 18 or older who have legal capacity to enter this agreement and are in locations where Experiential and the selected provider may lawfully serve them. Model availability may differ by location. A person accepting on behalf of an organization represents that they have authority to bind it. You are responsible for authorized users acting within your account and for obtaining the permissions needed to submit their data. Nothing in these Terms removes mandatory consumer rights.
You accept these Terms through the acceptance mechanism presented during signup or another recorded agreement process. Reading our website does not authorize a purchase or optional data use. Recurring purchases and customer-specific training require the choices described when you enable them.
3 Accounts and service access
Subject to this agreement, we grant you a non-exclusive, non-transferable right during the service term to access and use the Services for your personal or business activities, including through applications serving your authorized end users. This permission is subject to your plan, configured limits and section 15. Resale or redistribution of access is permitted only to the extent authorized by your agreement and the applicable provider arrangements.
Provide accurate account, business, payment and location information. Protect your credentials and API keys, assign suitable permissions and notify us promptly of suspected compromise. You remain responsible for usage authorized through your account, except to the extent a loss results from our breach of this agreement. You may not transfer provider credentials to an unauthorized person or use pooled access to evade provider restrictions.
Your organization administrators may manage users, keys, settings and information associated with the organization within their assigned permissions.
4 Providers and routing
We send requests to model and hosting providers according to the selected model, enabled routes and applicable settings. You must comply with the terms, acceptable-use policies and geographic restrictions applicable to the models and routes you use. Model availability does not itself grant permission for every use of a model or its outputs.
We may restrict or disable a model or route to comply with law or provider requirements. We apply the agreed data restrictions to routing and fallback; if no permitted route is available, we will reject the request. A provider's no-training or zero-retention setting applies only to the handling expressly covered by that setting. Our own recording and retention are described separately in the Privacy policy.
If you use your own provider account or credentials, you remain responsible for that provider's charges and terms. Requests may still pass through our systems. Experiential remains responsible for its own legal and contractual obligations.
5 Fees subscriptions and credits
Fees, included credits, usage rates and any minimum commitment are shown before purchase. Subscriptions are paid in advance on a monthly or annual basis as selected at checkout. Usage is charged at the applicable disclosed rate. A failed or stopped request may still incur a charge if a provider has performed billable work. We will investigate and correct verified billing or metering errors.
Purchased credits and credits included with a paid subscription do not expire. Unused subscription credits roll over without a cap. Promotional credits may expire on the date disclosed when issued. Credits may be used for eligible Services; a credit balance does not fix future model usage prices. These Terms do not promise a free allowance.
A recurring plan renews for the period and price disclosed at checkout until canceled. Cancellation stops future renewals, and access continues through the paid period unless applicable law or a signed agreement provides otherwise. Canceling a subscription does not itself forfeit remaining purchased or subscription-included credits. A one-time credit purchase does not authorize recurring charges. Automatic credit purchases require you to enable the feature and choose or accept the trigger and amount; you may turn it off.
Except as required by applicable law or an agreement signed by both parties, fees and credit purchases are nonrefundable. We do not provide refunds for unused credits, unused subscription time or your decision to stop using the Services. We may choose to provide a goodwill refund without creating a right to future refunds. Closing an account does not itself create a refund right or cancel a valid unexpired credit balance.
If we terminate access or discontinue the relevant Services, we will provide any refund or other remedy required by applicable law or a signed agreement. This section does not promise a voluntary cash refund on discontinuance. While the relevant Services remain available, a valid credit balance remains usable subject to lawful access restrictions. An unused balance does not guarantee that a discontinued Service will resume. Nothing in these Terms limits mandatory cancellation, withdrawal, refund or cash-redemption rights, or our obligation to correct verified billing errors.
You are responsible for applicable taxes other than taxes on our net income. Applicable taxes are shown at checkout. Send billing questions to founders@experientiallabs.ai.
We give at least 24 hours' notice before increases to usage prices, including provider increases we pass through, subject to any longer period or additional protection required by law or a signed agreement. We may introduce price reductions or new promotions immediately, subject to applicable notice requirements, and will honor the terms disclosed for existing promotions. Changes apply only to future purchases or usage. We do not reprice completed requests or reduce existing credit balances. A prepaid subscription retains its agreed subscription price for the period already paid for. Subscription fee changes and renewals follow applicable notice and cancellation requirements.
6 Customer content and outputs
Customer Content means inputs, prompts, files, tool data, traces and other materials submitted by or for you, together with outputs returned for those requests. You retain your rights in inputs. As between the parties, and to the extent we hold assignable rights, we assign to you our rights in outputs generated for you. This does not create intellectual-property rights where the law recognizes none, grant rights in a provider's model or third-party materials, or promise that outputs are unique.
You grant us a limited right to receive, transmit, reproduce and process Customer Content to provide the Services you request, follow your documented instructions, carry out customer-specific training you enable, maintain security and comply with law. You are responsible for having the rights and lawful basis needed to submit content and authorize its processing. Experiential retains its own obligations under applicable law and the DPA.
Customer-specific training is optional and requires you to enable the feature and authorize collection of the traces needed for it. If you do not authorize that collection, we cannot provide trace-based training. We use that training data for your models. These Terms do not authorize us to use Customer Content, or datasets derived from it, to train models for other customers or shared models, or to sell those datasets. We do not use Customer Content for advertising. A future use beyond these permissions requires the applicable notice and lawful authorization and does not retroactively expand rights over historical content.
The hosted service records prompts, responses and related activity as described in the Privacy policy and available product settings. Recording is separate from the temporary processing needed to answer a request and from necessary billing and security records. Product analytics or session replay does not expand our permissions to use Customer Content beyond this section or the DPA. Enabling one optional feature does not authorize unrelated data uses.
Outputs may be inaccurate, incomplete or inappropriate. You must evaluate them for your use case and apply human review where needed. A regulated or high-impact use requires the safeguards and authorization described in section 15.6. We do not promise that an output is suitable as the sole basis for a consequential decision.
7 Confidentiality and data protection
Each party will protect the other's non-public information disclosed in connection with this agreement using reasonable care, and at least the care it uses for its own comparable information. Customer Content is your confidential information. The receiving party may use confidential information only to perform or exercise rights under this agreement and disclose it only to people or authorized providers with a need to know and appropriate confidentiality obligations.
These duties do not cover information the receiving party can demonstrate was already lawfully known without restriction, independently developed, lawfully obtained from another source, or publicly available without breach. If disclosure is legally required, the receiving party will, where permitted, give prompt notice and reasonably assist efforts to limit disclosure. It will disclose only what the legal requirement demands.
Where the DPA applies, we process Customer Personal Data under that DPA. Mandatory privacy protections do not depend on your plan. Our use of account, billing and security information for our own purposes is described in the Privacy policy.
8 Customer-specific models
As between the parties, you own customer-specific models or adapters created for you to the extent we hold transferable rights, subject to base-model licenses and other third-party rights. You may request a download of exportable artifacts in the format we hold. This does not promise export of a third party's proprietary model. Separate managed-model engagements, deliverables and service commitments are governed by their signed agreements.
9 Availability support and changes
Contact founders@experientiallabs.ai for support. Support and any service level are those expressly included in your plan or signed agreement. An availability target, service-credit remedy or response time applies only if expressly agreed. Beta or experimental features may have additional limitations disclosed before use.
We may improve or change the Services, subject to our existing paid commitments and any notice or remedy required by applicable law, section 5 or a signed agreement. Urgent changes needed for security, law or provider compliance may take effect immediately, subject to those requirements. A change does not expand our permission to use Customer Content or override an agreed data restriction.
10 Suspension termination and exit
We may restrict a route, suspend a key or suspend an account when reasonably necessary to address a material breach, a security threat, unlawful use or a legal or provider requirement. We will limit the action to what is reasonably necessary and give notice and a reasonable opportunity to remedy where practicable and lawful. We may act immediately where delay would create a material risk or violate a binding requirement. Contact founders@experientiallabs.ai to request review.
Either party may terminate for a material breach that remains uncured after a reasonable opportunity to remedy, except where cure is impossible or immediate termination is justified under the preceding paragraph. You may stop using the Services and cancel future renewal under section 5. Termination does not erase accrued undisputed charges or statutory rights. Balances and prepaid fees are handled under section 5.
Contact us to arrange retrieval of exportable content or customer-owned model artifacts that we still hold. Ordinary retention schedules continue to apply, so retain your own copies of information you need. Return or deletion of personal data follows the DPA where applicable and mandatory law. API keys cease to authorize new requests when access ends.
11 Intellectual property and website materials
We and our licensors retain rights in the Services, underlying technology and website materials, except for Customer Content and rights expressly granted to you. You may read and quote website materials with attribution and a link. Automated reading of public documentation must comply with published robots rules and reasonable access limits. That provision does not prohibit authorized API use.
Our name and marks may not be used to imply endorsement. If you voluntarily provide suggestions, we may use them without a payment obligation, but that permission does not authorize disclosure of your confidential information or expand the rights to Customer Content. Open-source rights remain governed by section 1.
12 Warranties and disclaimers
Each party represents that it has authority to enter this agreement. You represent that your use and instructions comply with applicable law and that you have the permissions required for Customer Content. Any additional service guarantee or compensation commitment from Experiential must be expressly agreed in a separate written agreement. This does not remove our express data-use and confidentiality commitments or any responsibility that cannot lawfully be excluded.
Except for express commitments and rights that cannot lawfully be excluded, the Services and model outputs are provided as available, without additional guarantees or implied warranties of merchantability, fitness for a particular purpose or non-infringement. Outputs may be inaccurate or unsuitable, and you are responsible for deciding how to use them. This disclaimer does not override the DPA, an agreed security commitment, a signed service level or a remedy required by law. Provider unavailability does not excuse our own independent contractual obligations.
13 Liability and third party claims
To the maximum extent permitted by applicable law, Experiential's total aggregate liability to you arising out of or relating to these Terms or the Services, including model outputs, will not exceed US$100, regardless of the legal basis or number of claims. This cap applies to paid and unpaid Services unless a signed agreement provides otherwise. It does not reduce a refund, return of money or billing correction required by law or owed under this agreement, or any obligation concerning credit balances under section 5. The damages cap does not determine the value of a credit balance or create a right to a cash refund.
Nothing in these Terms excludes or limits rights, responsibilities or liability that cannot legally be excluded or limited. This includes mandatory consumer and data-subject rights, obligations under mandatory transfer terms, and liability for fraud, willful misconduct or other conduct to the extent applicable law prohibits limiting it. The DPA and separately signed agreements retain their agreed precedence.
The standard Services do not include a promise by Experiential to defend or indemnify a customer against third-party claims. Any such obligation must be expressly agreed in a signed agreement. These Terms do not impose a customer indemnity.
14 Governing law notices and general terms
Delaware law governs this agreement, excluding conflict-of-laws rules, and disputes are subject to the competent state and federal courts in Delaware, except where mandatory law or applicable transfer clauses require otherwise. Individual consumers retain any mandatory protections and rights to bring proceedings in another forum that applicable law provides.
Legal notices go to founders@experientiallabs.ai or Resolute Labs AI, Inc., 989 Market Street, 2nd Floor, San Francisco, CA 94103, United States. We send customer notices to the contact details associated with the account or applicable agreement. We will identify the effective date of updates and provide notice and obtain recorded acceptance where required by law or an existing agreement. New permissions do not authorize new uses of information collected under earlier promises.
These Terms and the documents incorporated into them form the agreement for the Services they cover, subject to any signed agreement's precedence. If a provision is unenforceable, the remainder continues to the extent lawful. Failure to enforce a right is not a waiver. You may not assign this agreement without our written consent. We may assign it in connection with a merger, reorganization or sale of the relevant business, provided the successor assumes our obligations and the transfer complies with law and applicable signed restrictions. Accrued payment duties, content rights, confidentiality, lawful retention and deletion duties, and dispute provisions survive to the extent needed to give them effect.
15 Acceptable use
15.1 Scope
These rules apply to the Services, authorized users and applications using your account or API keys, and to Website activity where stated. They do not amend licenses governing independently used open-source software.
15.2 Lawful and authorized use
Do not use the Services to create or distribute illegal content, commit fraud, use stolen payment methods, infringe another person's rights or abuse accounts. Do not submit data you lack authority to process, impersonate another person without authorization, or use deceptive account, billing or location information. Comply with applicable sanctions and export-control requirements.
Protect account credentials and API keys. Do not transfer access in a manner prohibited by your agreement or the applicable provider. Report compromised credentials promptly to founders@experientiallabs.ai and revoke or rotate them where possible.
15.3 Model and hosting provider requirements
Follow the terms, acceptable-use policies, safety requirements and geographic restrictions applicable to each model and hosting route you use. Do not facilitate access prohibited by those restrictions or use VPNs, proxies or false information to evade them. Legitimate VPN use that does not evade a restriction is permitted.
Do not circumvent safety protections, access controls or rate limits. Authorized load balancing and fallback must remain within provider permissions. Experiential remains responsible for its own provider and legal obligations.
15.4 Distillation and model development
Distillation, fine-tuning and other model development are permitted only where you hold the required content rights and the applicable model and hosting-provider terms permit that use. Experiential cannot waive a third party's restrictions. Separate managed services are governed by their signed scope; ordinary permitted platform use does not require a separate order solely because it involves model development.
15.5 Security and misuse
Do not disrupt the Services, distribute malware, access another customer's information, exploit vulnerabilities for unauthorized access or defeat tenant isolation. Security testing requires our written authorization. You may report suspected vulnerabilities through the security advisory channel identified in the Privacy policy. Good-faith reporting does not authorize access to another person's data or destructive testing.
Do not use website forms to send spam or make bookings you do not intend to keep. Automated reading of public documentation must respect published robots rules and reasonable access limits. Authorized API traffic is governed by API access rules and configured limits.
15.6 Sensitive and high impact uses
Do not submit personal data about anyone under 18. Workloads requiring special legal protections, including protected health information requiring a business associate agreement and consequential decisions about lending, employment, housing or insurance, require a separate agreement and appropriate safeguards before use. This restriction does not exclude ordinary permitted use by an entire industry.
Apply the review, notices and safeguards required by law and provider policy before using outputs in consequential decisions. Do not present model outputs as verified professional advice or guaranteed facts. Provider-specific restrictions remain applicable.
15.7 Enforcement
We may investigate suspected violations, request relevant information, restrict model access, suspend or terminate an account, or revoke keys where reasonably necessary to address a violation, security risk or legal or provider requirement. Notice and review follow section 10. Any access to Customer Content remains subject to the agreement and applicable law. Fees, balances and data handling after suspension or termination follow these Terms and the DPA where applicable.
15.8 Changes and reporting
Material changes follow the notice and amendment procedure in section 14. A provider restriction may require an immediate route change or suspension, with an explanation where legally permitted. Report suspected abuse or request review through founders@experientiallabs.ai.