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Terms of service

Replicate

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Score41.0
Reviewed
Policy typeTerms of service
Concern findings10
Protections0
Source supportStrong

Source provenance

Verified official source
Retrieved
Published

Snapshot hash 41729838ab59e971f7e16a7b10d84ece336fada0e49235e8c735a1f741697cf9

Snapshot of the source text at fetch time, not a live mirror of the policy page.

Plain-English summary

The terms of service for Replicate state that all disputes must be resolved through individual arbitration, waiving your right to go to court or participate in class actions (risk_flags-1). The company can suspend or terminate your service at any time without notice or liability if they believe you have violated terms or engaged in unlawful activities (risk_flags-2). Replicate also reserves the right to change, limit, or discontinue any part of the service, including paid features, without notice and without incurring liability (risk_flags-3). Additionally, the company does not guarantee the continuous availability of specific models or their processing speeds (risk_flags-4), and the service's reliability can be impacted by the inconsistent performance of third-party offerings it relies on (risk_flags-5).

90% confidence

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Risks to You

5 findings

Critical issues and red flags that could lead to significant harm, loss, or violations of your rights.

high95% confidence

Mandatory Arbitration and Class Action Waiver

These terms explain that disputes will only be resolved through individual arbitration, and you will give up your ability to litigate in court, either individually or as part of a class action.

Mandatory arbitrationClass-action waiver

Why it matters: You cannot sue the company in court, individually or as part of a class action, and must resolve disputes through individual arbitration.

THESE TERMS CONTAIN CERTAIN DISCLAIMERS LIMITING REPLICATE LIABILITY AND ADDRESS DISPUTE RESOLUTION - PARTIES WILL ONLY RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION PROCEEDINGS AND FOREGO ABILITY TO LITIGATE IN COURT, WHETHER INDIVIDUALLY OR AS PART OF A CLASS ACTION.

**PLEASE READ THESE TERMS CAREFULLY AS THEY ARE A LEGAL BINDING CONTRACT BETWEEN THE PARTIES:**, paragraph 2 · Citation strength: strong

high95% confidence

Account suspension or termination without liability

Replicate may suspend, terminate, or otherwise deny your or any Authorized User's access to or use of all or any part of the Services without incurring any resulting obligation or liability if, in its discretion, Replicate believes you failed to comply with any material term of these Terms, or accessed or used the Services beyond the scope of granted rights, or for an unauthorized purpose, or in a manner not complying with Documentation, or if you are, have been, or are likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with any of the Services.

Why it matters: The company can suspend or terminate your access to the services without liability if they believe you violated terms, used the service outside its intended scope, or engaged in fraudulent or unlawful activities.

Replicate may suspend, terminate, or otherwise deny Customer's or any Authorized User's access to or use of all or any part of the Services, without incurring any resulting obligation or liability, if: (a) Replicate receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Replicate to do so; or (b) Replicate believes, in its discretion, that: (i) Customer has failed to comply with any material term of these Terms, or accessed or used the Services beyond the scope of the rights granted or for a purpose not authorized under these Terms or in any manner that does not comply with any Documentation; or

**2.3 Account Set-Up.**, paragraph 3 · Citation strength: strong

high95% confidence

Services may be changed, limited, or discontinued without notice

Replicate reserves the right, in its sole discretion, to make any changes to the Services at any time, including by limiting or discontinuing certain features or the entire Service, temporarily or permanently, without notice to you. The company also states that it will have no liability for any change to the Service, including paid functionalities, or any suspension or termination of your access.

Unilateral amendment

Why it matters: The company can change, limit, or discontinue any part of the service, including features you pay for, at any time without notice and without liability, potentially disrupting your use or removing valuable functionalities.

Replicate reserves the right, in its sole discretion, to make any changes to the Services at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Changes may include modifications to: (a) maintain or enhance: (i) the quality or delivery of Services; (ii) the competitive strength of or market for the Services; or (iii) the Services’ cost efficiency or performance; or (b) to comply with Law. Replicate will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service.

**No Guarantees on Benefits or Fees.**, paragraph 5 · Citation strength: strong

medium90% confidence

No guarantee on Model availability or processing rates

Replicate does not guarantee that it will keep every Model seen on its Website or provide assurances on processing rates for a Model.

Why it matters: The company does not guarantee that specific models will remain available or maintain consistent processing speeds.

We are committed to providing a good customer experience, but we do not promise that we will keep each and every Model that you may see on our Website on any particular day nor do we provide any assurance on the processing rates for a Model.

**No Guarantees on Benefits or Fees.**, paragraph 1 · Citation strength: strong

medium90% confidence

Reliance on Third-Party Offerings impacts service reliability

The use and availability of the Services depend on Third-Party Offering service providers, and these Third-Party Offerings may not operate reliably 100% of the time, which could impact how the Services operate.

Why it matters: The service's reliability and operation can be affected by the inconsistent performance of third-party services it relies on.

You acknowledge that (i) the use and availability of the Services is dependent on Third-Party Offering service providers and (ii) these Third-Party Offerings may not operate reliably 100% of the time, which may impact the way that the Services operate.

**No Guarantees on Benefits or Fees.**, paragraph 3 · Citation strength: strong

How Your Data is Used

All clear

Practices concerning the collection, processing, sharing, and security of your personal and usage data.

Looking good

No data-use concerns flagged

Verbaterm only flags concerns it can cite. No source-backed data-use findings are shown here.

Cancellation & Renewal

2 findings

Terms related to subscription management, including automatic renewals, cancellation procedures, and refund policies.

medium90% confidence

Automatic Subscription Renewal

Some Services are billed on a subscription basis with automatically recurring payments. The subscription automatically renews for successive periods of the same duration as the initial period unless you cancel it or Replicate terminates it.

Auto-renewal / negative-option billing

Why it matters: Subscriptions will automatically renew and charge you unless you explicitly cancel them before the renewal date.

Some parts of the Services are billed on a subscription basis with automatically recuring payments for periodic charges (“**Subscription(s)**”). The “**Subscription Billing Date**” is the date when you purchase your first Subscription to the Services. The Subscription will begin on the Subscription Billing Date and continue for the subscription period that you select on your Account (such period, the “**Initial Subscription Period**”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “**Subscription Period**”) unless you cancel the Subscription or we terminate it.

**2.4 Subscriptions**, paragraph 1 · Citation strength: strong

medium90% confidence

Fees may change with prior notice

Replicate may, at its sole discretion, modify fees for any Subscriptions at any time. Any fee change will become effective upon the next renewal Subscription Period. Replicate will provide a reasonable prior notice of any change in Subscription fees to allow you to terminate your Subscription before the change takes effect.

Unilateral amendment

Why it matters: The company can change subscription fees at any time, with new fees applying at the next renewal period after you receive prior notice, giving you the option to cancel.

We may in our sole discretion and at any time, modify fees for any Subscriptions we offer for any part of our Service. Any Subscription fee change will become effective upon the next renewal Subscription Period. Replicate will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

**No Guarantees on Benefits or Fees.**, paragraph 1 · Citation strength: strong

Other Gotchas

3 findings

Less critical but important clauses that may contain unexpected limitations, liabilities, or responsibilities for you.

low90% confidence

Responsibility for Account and Login Credentials

You are responsible for maintaining the confidentiality of your Account and Login Credentials and for all activities or actions that occur under your Account and/or Login Credentials.

Why it matters: You are fully responsible for safeguarding your account and login information, and any actions taken using your credentials.

You are responsible for maintaining the confidentiality of your Account and Login Credentials, including but not limited to the restriction of access to your computer and/or Account. You are responsible for any and all activities or actions that occur under your Account and/or Login Credentials, whether your password is with our Service or a third-party service.

**2.3 Account Set-Up.**, paragraph 2 · Citation strength: strong

low90% confidence

Customer is fully responsible for use of Services

You are fully responsible for your and your Authorized Users' use of the Services, including the provision or generation of Content that violates any Laws.

Why it matters: You are ultimately accountable for how you and anyone authorized to use your account uses the service, especially for any content created or provided that breaks laws.

Customer is fully responsible for Customer’s and Customer’s Authorized Users’, use of the Services, including the provision or generation of Content that is in violation of any Laws.

**No Guarantees on Benefits or Fees.**, paragraph 8 · Citation strength: strong

low90% confidence

Breach by Authorized Users is considered a breach by Customer

Any breach of these Terms by Customer's Authorized Users and Representatives will be considered a breach by the Customer.

Why it matters: You are responsible for any breaches of the terms of service committed by individuals you authorize to use the services on your behalf.

Any breach of these Terms, including by Customer’ Authorized Users and Representatives shall be, for the purposes of these Terms, a breach by Customer.

**No Guarantees on Benefits or Fees.**, paragraph 9 · Citation strength: strong

Consumer Protections

0 findings

Commitments and features designed to protect your rights and promote a positive user experience.

Looking good

No source-backed concerns shown

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