Model terms / Topaz / Image Upscale

Topaz · 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. Route: via Replicate (proxied).

Two sets of terms apply on this route. Replicate terms govern your contract; Topaz 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 terms (model provider) topazlabs.com2026-08-31
"Topaz Labs will not use Your media content (including images and videos) to train its artificial intelligence models without Your prior consent... (de-identified/aggregated derivatives carve-out)."
Trains on your promptsnot on record --
Trains on your outputsNo Topaz terms (model provider) topazlabs.com2026-08-31
"The media-content commitment covers media without distinguishing input from processed output."
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... all right, title and interest, if any, in and to Output... subject to any Third Party Terms (as determined by the Models you use to generate the Output)."
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... Customer Data, including any Inputs, Outputs; s8.3: REPLICATE ENCOURAGES ITS CUSTOMERS TO ENSURE THAT OUTPUT GENERATED BY THE SERVICES ARE IN FACT NOT SUBJECT TO THIRD PARTY COPYRIGHT RIGHTS; s10.3: Customer's sole remedy is to terminate its Account."
Marking applied by the modelnot on record --
Disclosure duty on younot on record --
Training data disclosednot on record --

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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.