Terms of service

Last updated: 2021-10-03

  1. Introduction

Welcome to Replicate! Please read these Terms of Service before using our website.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at replicate.com operated by Replicate, Inc. (“Replicate”, “Company”, “we”, “our”, “us”).

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here: internal.replicate.com/privacy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing team@replicate.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

  1. Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing team@replicate.com.

  1. Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

  1. Subscriptions

Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Replicate cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Replicate customer support team.

A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Replicate with accurate and complete billing information including full name, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize Replicate to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Replicate will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

  1. Fee Changes

Replicate, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

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.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

  1. Refunds

We issue refunds for Contracts within fourteen (14) days of the original purchase of the Contract.

  1. Intellectual Property

Service and its original content, features and functionality are and will remain the exclusive property of Replicate and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Replicate.

  1. Content and Output

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

Replicate has the right but not the obligation to monitor and edit all Content provided by users.

The Service may generate output based on the Content you provide to the Service (“Output”). Subject to your compliance with these Terms, we hereby assign to you all of our right, title and interest in and to Output, including use of Output for commercial purposes such as sale or publication. We may use Content or Output to provide and maintain the Service, comply with applicable law, and enforce our policies. You are responsible for both Content and Output, including for ensuring that it does not violate any applicable law or these Terms. Due to the nature of machine learning, users that provide similar Content may result in the Service generating the same or similar output for you or a third party. Even if the same, output that are requested by and generated for other users are not considered your “Output.”

  1. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

  1. In any way that violates any applicable national or international law or regulation.

  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate Content or otherwise.

  3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

  4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

  5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

  1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

  2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

  3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

  4. Use any device, software, or routine that interferes with the proper working of Service.

  5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

  7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

  8. Take any action that may damage or falsify Company rating.

  9. Otherwise attempt to interfere with the proper working of Service.

  1. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

  1. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion.

  1. Error Reporting and Feedback

You may provide us directly at team@replicate.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

  1. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Replicate.

Replicate has no control over, and assumes no responsibility for the Content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT REPLICATE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

  1. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Governing Law

These Terms shall be governed and construed in accordance with the laws of State of California without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

  1. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

  1. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

  1. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

  1. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

  1. Contact Us

Please send your feedback, comments, requests for technical support by email: team@replicate.com.

Community Guidelines

Last updated: 2024-11-19

Welcome to Replicate, Inc.! Replicate was built on principles of innovation, collaboration, and respect, and we would like to foster a community that shares our ideals. To promote a positive and productive environment for all users, we’ve established the following guidelines (the “Guidelines”) for you to follow when using the Replicate website and related services. The Guidelines are designed to promote a culture that respects the efforts of software developers and encourages responsible use of our platform by all users. Please refer to the Acceptable Use Policy to understand what conduct is strictly prohibited on the platform.

Respect Intellectual Property Rights

Comply with Licenses: When sharing or using software through Replicate, ensure that you adhere to the licensing terms set forth by the software creators. This includes respecting open-source licenses, commercial licenses, and any restrictions or obligations they impose.

Attribution: Properly credit the creators of software, code, or any other materials you share or utilize within the platform. Acknowledgment of the original creators not only respects their rights but also supports the continued sharing of valuable resources.

No Unauthorized Sharing: Do not post or distribute software, code, or any digital materials for which you do not have the right to share. This includes proprietary software or content shared without the owner’s explicit permission.

Encourage Ethical Use

Use for Good: Leverage the resources and tools available on Replicate for ethical purposes only. Avoid engaging in or promoting activities that could harm individuals, violate privacy, or negatively impact communities.

Report Misuse: If you encounter violations of software licenses or unethical use of software on our platform or other violations of these Guidelines, please report them to our team at team@replicate.com. We're committed to investigating concerns promptly and taking appropriate action.

Foster a Supportive Environment

Share Knowledge: Help others in the community by sharing your expertise, especially regarding compliance with software licenses and ethical considerations.

Constructive Feedback: Offer constructive feedback and guidance to fellow community members to promote learning and improvement.

Inclusivity: Embrace diversity and treat every member of the community with respect. A diverse community leads to more innovative and creative solutions.

Stay Informed

Updates to Guidelines: Periodically, we may update these Guidelines to reflect changes in legal requirements or community needs. Stay informed by reviewing the most current version of our community guidelines.

Consequences

Failure to adhere to these community guidelines may result in warnings, suspension of account privileges, or removal from the community. Severe or repeated violations will lead to permanent bans.

By using Replicate, you agree to abide by these Guidelines and help create a respectful, compliant, and innovative community.

We are very much open to feedback - contact us at team@replicate.com with any question or concern!

The Replicate Team

Acceptable Use Policy

Last updated: 2024-11-20

Prohibited Activities

  1. 1. Illegal Activities: You may not use our Services to engage in any activity that is illegal under applicable laws, including but not limited to:
    • Intellectual property infringement.
    • Unauthorized access to data or systems.
    • Distribution of malicious software or engaging in phishing activities
  2. 2. Abusive Activities: The following behaviors are strictly prohibited:
    • - Harassment, abuse, or harm to others.
    • - Distribution of obscene, defamatory, or otherwise offensive content.
    • - Spamming or sending unsolicited messages.
  3. 3. Security Violations: You must not engage in activities that compromisethe security of our Services or the data of other users, including:
    • - Attempting to probe, scan, or test the vulnerability of any system or network.
    • - Breaching or circumventing any security or authentication measures.
  4. 4. Resource Abuse: You must not misuse Replicate's resources, including but not limited to:
    • - Excessive consumption of bandwidth or storage.
    • - Running computationally intensive operations without authorization.
  5. 5. License Violations: You must not use machine learning models in violation of the model owner's open-source license restrictions. This includes, but is not limited to:
    • - Using models for purposes that are not permitted by the license.
    • - Modifying models in a way that breaches the license terms.
    • - Distributing models in violation of their licensing agreements.

User Responsibilities

  1. 1. Account Security: You are responsible for maintaining the security of your account and all activities that occur under your account. Ensure that your login credentials are kept confidential.
  2. 2. Data Integrity: Ensure that any data you upload or process using our Services complies with all applicable laws and does not infringe on the rights of any third party.
  3. 3. Compliance with Laws: You must comply with all applicable laws and regulations while using our Services. This includes, but is not limited to, data protection laws and export control regulations.

    4. Enforcement and Termination

    1. 1. Monitoring: Replicate reserves the right to monitor your use of the Services to ensure compliance with this Policy. This includes automated and manual reviews of content and activities.
    2. 2. Violations: If you violate this Policy, Replicate may take action against your account, including but not limited to:
      • - Issuing a warning.
      • - Temporarily or permanently suspending your account.
      • - Reporting your activities to appropriate law enforcement authorities.
      • 3. Reporting Abuse: If you become aware of any violation of this Policy, please report it to us immediately at team@replicate.com.

    Amendments

    Replicate reserves the right to amend this Policy at any time. We will notify users of significant changes through our website or email. Continued use of the Services after any such changes shall constitute your consent to such changes.

    Contact Information

    If you have any questions or concerns regarding this Policy, please contact us at: team@replicate.com. By using Replicate, you acknowledge that you have read, understood, and agree to comply with this Acceptable Use Policy.