Businesses and developers can use the DeepSeek-V3 model commercially for free, but only if their platform or product has fewer than 100 million monthly active users. Organizations that exceed that threshold must obtain a separate written license directly from DeepSeek.
This analysis describes what DeepSeek's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause creates a hard commercial licensing gate tied to platform scale. Any organization that crosses the 100 million MAU threshold without a separate agreement is operating outside the terms of this license, and the clause grants DeepSeek sole discretion over whether to issue that license.
The agreement states that commercial use of DeepSeek-V3 requires a separate license once a platform reaches 100 million monthly active users, and that license is granted solely at DeepSeek's discretion, meaning there is no guaranteed right to continued commercial use at scale.
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"You may use the Model Materials for commercial purposes. If the Monthly Active Users of your products or services developed using the Model Materials exceed one hundred million (100,000,000), you must request a license from DeepSeek, which DeepSeek may grant to you in its sole discretion.— Excerpt from DeepSeek's DeepSeek Open Source License
REGULATORY LANDSCAPE: The MAU threshold provision does not directly implicate a specific consumer protection regulation but interacts with contract law enforceability standards in jurisdictions including the EU, UK, and US. Where this license governs a B2B deployment, procurement and vendor contract review processes should flag the threshold. EU competition law may be relevant if the sole-discretion licensing mechanism were used in a manner affecting market access. GOVERNANCE EXPOSURE: High. The provision creates an ongoing monitoring obligation for any commercial deployer. The agreement does not specify a cure period, notification process, or transition timeline for entities that cross the threshold during active deployment, leaving a compliance gap that legal teams should address contractually. JURISDICTION FLAGS: Global applicability. All commercial deployers regardless of jurisdiction are subject to the threshold. The sole-discretion licensing language may face scrutiny under EU competition frameworks if DeepSeek's model achieves significant market position. US antitrust considerations may also apply in that scenario. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams incorporating DeepSeek-V3 into commercial products should include MAU monitoring clauses in internal governance frameworks and flag this license in vendor assessments. The provision asserts that DeepSeek retains sole discretion to grant or deny continuation, which creates vendor dependency risk for large-scale deployers. COMPLIANCE CONSIDERATIONS: Legal teams should implement MAU tracking for all products using DeepSeek-V3, establish an internal escalation process triggered below the 100 million threshold, and initiate pre-emptive licensing discussions with DeepSeek before the threshold is reached to avoid unplanned service disruption.
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This clause creates a hard commercial licensing gate tied to platform scale. Any organization that crosses the 100 million MAU threshold without a separate agreement is operating outside the terms of this license, and the clause grants DeepSeek sole discretion over whether to issue that license.
The agreement states that commercial use of DeepSeek-V3 requires a separate license once a platform reaches 100 million monthly active users, and that license is granted solely at DeepSeek's discretion, meaning there is no guaranteed right to continued commercial use at scale.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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