Model terms / Topaz Labs / Image Upscale

Topaz Labs · Replicate

Can I use Image Upscale via Replicate commercially?

Yes

Authorisation not verified. Topaz EULA (February 2026) s3.3.4: no integrating the API into any third-party application or service without Topaz's express prior written consent under a separate commercial agreement; the channel's consent is not public.

Commercial use of Image Upscale via Replicate: Yes, according to Replicate terms as read on 2026-08-31. 5 of 10 usage questions have an answer on record.

Terms as read on 2026-10-05. Service you used: via Replicate (proxied).

Two sets of terms apply when you use Image Upscale through Replicate. Replicate terms govern your contract; Topaz Labs terms (model provider) govern what happens to your data. Each answer below says which one it comes from. Where both speak and disagree, the more protective reading is shown and the other is noted.
QuestionAnswerAccording toRead on
Commercial useYes Replicate terms replicate.com2026-08-31
"s5.1: 'Replicate hereby grants to you all right, title and interest, if any, in and to Output, including your use of Output for commercial purposes such as sale or publication, subject to any Third Party Terms (as determined by the Models you use to generate the Output) which may apply to such Output.'"
Where outputs may be usednot on record --
Trains on your inputsNo Topaz Labs terms (model provider) topazlabs.com2026-08-31
"Privacy Policy s3B (last updated 2025-09-15): 'Topaz Labs will not use Your media content (including images and videos) to train its artificial intelligence models without Your prior consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, Topaz may use de-identified, aggregated, or synthetic data derived from such media content solely for the purpose of improving its algorithms, provided that such data cannot reasonably be linked back to You.' s3A: facial images are used to improve AI models only if a user explicitly opts in."
Trains on your promptsnot on record --
Trains on your outputsNo Topaz Labs terms (model provider) topazlabs.com2026-08-31
"Media content covers input and processed output alike. Privacy Policy s3B (last updated 2025-09-15): 'Topaz Labs will not use Your media content (including images and videos) to train its artificial intelligence models without Your prior consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, Topaz may use de-identified, aggregated, or synthetic data derived from such media content solely for the purpose of improving its algorithms, provided that such data cannot reasonably be linked back to You.' s3A: facial images are used to improve AI models only if a user explicitly opts in. EULA s5(k) adds a reverse restriction: you may not use the Services or 'their output' to train any AI or machine learning models."
Output ownershipUser Replicate terms replicate.com2026-08-31
"s5.1: Customer owns and will continue to own all rights, title, and interest, including all Intellectual Property Rights, in and to its applicable Customer Data (Inputs and Outputs); Replicate grants all its right, title and interest in Output (assignment)."
Copyright indemnityNo Replicate terms replicate.com2026-08-31
"s10.1: 'Customer shall indemnify, defend, and hold harmless Replicate... in respect of any Action that relates to or arises out of or results from: (a) Customer Data, including any Inputs, Outputs, and processing of Customer Data by a Model'; s8.3: third-party offerings 'may have infringed' rights - customers encouraged to review outputs; s10.3 sole remedy is account termination."
Marking applied by the modelnot on record --
Disclosure duty on younot on record --
Training data disclosednot on record --

Sources

Other models on Replicate

Recent changes to these terms

Keep these terms with your own work

Archibal attaches these terms to every file your connected tools make, and keeps them in the delivery record as they stood when you delivered. Connect your tools before you generate: each generation lands in your library with its model, its prompt and the terms of the service you used. If the terms change later, your record still shows what they said when you shipped.

Create your free account How model terms work in Archibal

Tell me when these terms change

One email when we publish a change to the terms on this page. Nothing else.

This page reproduces what the linked documents said on the dates shown. It is a record, not legal advice, and not a warranty of the providers' terms. Documents change; read the source before relying on it.