# Black Forest Labs' API terms let it train on footage makers upload

The Freiburg company's EU API terms, revised on 26 August, grant it a perpetual licence to inputs and outputs.

Published 12 November 2026 by EuGFA in The Briefing. Interests: Tools and models.

## What happened

Black Forest Labs, based in Freiburg, launched FLUX 3 in early access on 23 July 2026. FLUX 3 Video now runs through the company's dashboard and API on a pay-as-you-go basis. It makes clips of up to 20 seconds, with optional audio, from text, images or existing video.

The company's API Service Terms for customers in the EU, last revised on 26 August 2026, grant it a perpetual, irrevocable, worldwide licence to customers' inputs and outputs. The terms say it may use both to train and improve its AI models. They contain no opt-out. Its developer terms state that the customer owns the output.

## Why it matters

An EU filmmaker who sends a rough cut or an actor's performance through the API for a video-to-video pass grants that licence over the material. The maker owns the output. The company keeps the right to learn from both ends. Its website terms cover the playground, including the dashboard, and let users opt out of training by email, but they yield to a separate agreement, such as the developer terms, where one applies.

## Still open

As of 12 November, the terms do not say which set governs FLUX 3 Video clips made from the dashboard, or whether the opt-out reaches API customers. Open weights for FLUX 3, announced as FLUX 3 Dev, have no published date or licence.

## Read further

- [EU API Service Terms](https://bfl.ai/legal/eu-api-service-terms)
- [FLUX 3 Video model page](https://bfl.ai/models/flux-3-video)
- [Website and FLUX Terms of Service](https://bfl.ai/legal/terms-of-service)