Thank you for participating in the Webflow Labs Program. These Webflow Labs Program Terms (“Webflow Labs Terms”) apply to and govern your participation in any or all of public or private Webflow Labs programs (collectively, the “Webflow Labs Program”) and use of the Webflow Labs products and services (“Webflow Labs Services”). In order to participate in a Webflow Labs Program or use Webflow Labs Services, you must agree to these Terms.
1. Eligibility and Participation
You may participate in the Webflow Labs Program and use Webflow Labs Services only upon approval by Webflow (“us” or “Webflow” or “we’), and/or by invitation from us. Only Customers in good standing may participate in a Webflow Labs Program and use Webflow Labs Services, subject to the Webflow Terms of Service (the “Terms of Service”) and must remain so for the duration of these Terms. The Webflow Terms of Service (including the Webflow Privacy Policy and Webflow Acceptable Use Policy) are incorporated by reference and will control for any provisions not addressed in these Terms. The Terms of Service continue to apply with regard to your use of the Webflow Service (defined as the “Service” in the Terms of Service), participation in the Webflow Labs Program, and your use of any Webflow Labs Services.
BY USING ANY WEBFLOW LABS SERVICE, YOU HEREBY ACCEPT AND AGREE TO BE BOUND BY THESE WEBFLOW LABS TERMS. YOU FURTHER AGREE AND ACKNOWLEDGE THAT EACH WEBFLOW LABS SERVICE IS PROVIDED AND MADE AVAILABLE ON AN “AS IS” OR “AS AVAILABLE” BASIS AS SET FORTH IN SECTION 8 OF THESE WEBFLOW LABS TERMS. WEBFLOW LABS SERVICES MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS. WEBFLOW HAS NO RESPONSIBILITY TO PROVIDE YOU SUPPORT FOR THE WEBFLOW LABS SERVICES OR MAINTAIN ANY OF THE PRODUCTS OR SERVICES THAT ARE PART OF THE WEBFLOW LABS PROGRAM. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF ALL WEBFLOW LABS SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. YOU SHOULD NOT USE ANY WEBFLOW LABS SERVICE IF YOU ARE NOT COMFORTABLE ACCEPTING THESE RISKS.
IF YOU ARE ACCEPTING THESE WEBFLOW LABS TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE WEBFLOW LABS TERMS, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR DO NOT OTHERWISE AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE WEBFLOW LABS TERMS AND YOU MAY NOT USE THE PRODUCTS OR SERVICES DESCRIBED HEREIN.
In addition, Webflow is not obligated to provide any maintenance, technical, customer, or other support (“Support”) for the Webflow Labs Services regardless of Webflow’s obligation to provide Support for Webflow Services pursuant to a separate written agreement.
2. Webflow Labs Services
The Webflow Labs Services may be a separate, stand-alone service, accessible apart from the currently available Webflow Service or may be a feature or functionality for the existing Webflow Service. A description of the Webflow Labs Service may be provided prior to or at the time you use a Webflow Labs Service, or if we make changes to the Webflow Labs Service. By agreeing to and complying with these Webflow Labs Terms we grant you a non-exclusive, revocable, non-transferable, limited license to use the Webflow Labs Services.
3. Confidentiality
You acknowledge and agree that: (i) the Webflow Labs Program and Webflow Labs Services constitute Confidential Information as defined in the Terms of Service (ii) you acknowledge that the successful market launch of commercial versions of the Webflow Labs Services requires you to keep all Webflow data and information discussed and/or made available through or contained in the Webflow Labs Program, including, without limitation, the Webflow Labs Services strictly confidential; (iii) the premature release of any of the Confidential Information would damage Webflow’s competitive and intellectual property interests; and (iv) information about the Webflow Labs Services will not be shared with anyone other than other authorized users of the Webflow Labs Services, which may include users in your Webflow Account or Workspace.
4. Feedback
The Webflow Labs Services are made available to you for the purposes of evaluation and feedback without any compensation or reimbursement of any kind from Webflow. You acknowledge the importance of communication between you and Webflow during your use of the Webflow Labs Services and agree to receive related correspondence and updates from us. In the event you request to opt out from such communications, your participation in the Webflow Labs Program may be terminated, and your use of the applicable Webflow Labs Services will likewise be discontinued. As part of using the Webflow Labs Services, you may be asked to provide feedback regarding your use of the Webflow Labs Services. You acknowledge that Webflow owns any feedback provided, and you hereby grant to us, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of our products or services at any time at our sole discretion. If we choose to publish such feedback, we will either do so in a way that does not identify you or seek your consent in the event we do wish to identify you. We may also monitor how you use the Webflow Labs Services and use that information to improve the Webflow Labs Services or our other products and services.
5. Intellectual Property and Ownership
You acknowledge and agree that as between the parties, Webflow owns all Intellectual Property Rights in and to the Webflow Labs Services and any and all intellectual property contained therein or related thereto, including, but not limited to, any text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation. For the purposes of these Webflow Labs Terms, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction. Except as expressly set forth herein, Webflow does not grant to you any license, express or implied, to the intellectual property of Webflow or its licensors. You acknowledge and agree that the Webflow Labs Services may not be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes in any form.
6. Term, Modification, and Termination
These Webflow Labs Terms will remain in effect for as long as you use any Webflow Labs Services. Either party may terminate these Webflow Labs Terms before the end of your participation in the applicable Webflow Labs for any reason or no reason upon written notice to the other party or as otherwise provided for by Webflow. Upon termination, you will cease using any Webflow Labs Services. Your participation in the Webflow Labs Program and access to the Webflow Lab Services will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under these Webflow Labs Terms may result in your immediate termination of your Webflow Account or Workspace and access to Webflow Services, or participation in any other Webflow Labs Programs.
We reserve the right to modify or terminate the Webflow Labs Program or the Webflow Labs Services, or your use of the Webflow Labs Services, to limit or deny access to the Webflow Labs Services and/or participation in the Webflow Labs Program, at any time, in our sole discretion, for any reason, with or without notice to you and without liability to Webflow. You may discontinue your use of the Webflow Labs Services and/or your participation in the Webflow Labs Program at any time.
7. Disclaimer of Warranties
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE WEBFLOW LABS SERVICES ARE PROVIDED BY WEBFLOW ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO, PARTICIPATION AND/OR USE OF THE WEBFLOW LABS PROGRAM OR WEBFLOW LABS SERVICES, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WEBFLOW EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WEBFLOW MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES WEBFLOW MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE WEBFLOW LABS SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBFLOW OR THROUGH THE WEBFLOW LABS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
IN NO EVENT SHALL WEBFLOW OR ITS AFFILIATES BE LIABLE FOR ANY, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE WEBFLOW LABS TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT WEBFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WEBFLOW’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
You agree to hold harmless and indemnify Webflow, our affiliates and subsidiaries, officers, directors, agents, contractors, and employees from and against any third party claim arising from or in any way related to (i) your breach of these Webflow Labs Terms, (ii) your use of the Webflow Labs Services and/or your participation in the Webflow Labs Program(s), or (iii) your violation of applicable laws, rules or regulations in connection with the Webflow Service or Webflow Labs Services, as applicable.
10. General Provisions
10.1 Changes to Terms
We reserve the right to make changes to these Webflow Labs Terms from time to time and may or may not notify you in such an event. You understand and agree that if you use the Webflow Labs Services after the date on which the Webflow Labs Terms have changed, we will treat your use or participation in the Webflow Labs Program as acceptance of the updated Terms.
10.2 Compliance with Laws
Both parties agree to comply with all applicable local, state, national, and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content, in connection with their performance, participation, access and/or use of the Webflow Labs Services or Webflow Labs Program.
10.3 No Waiver
Any failure by Webflow to enforce or exercise any provisions of the Webflow Labs Terms will not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.
10.4 Survival
Sections 1, 2, 3, 4, 5, 6, 7, and 10 will survive the expiration or termination of this Agreement.
10.5 Assignment and Governing Law
These Terms are personal to you, are non-assignable by you, are governed by the internal laws of the State of California, without regard to conflict of law principles. If any provision of these Webflow Labs Terms are found to be unenforceable, such provision(s) will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect.