The agreement grants users a limited, non-transferable license to use the platform, with commercial use rights for AI-generated content varying by subscription tier and requiring users to review their specific plan for applicable rights.
This analysis describes what Leonardo AI'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 provision establishes that the scope of permissible commercial exploitation of AI-generated outputs is determined by the user's active subscription plan, creating a tiered rights structure. Users who rely on generated content for commercial purposes must confirm that their subscription tier explicitly permits such use.
Interpretive note: The specific commercial use rights applicable to each subscription tier are not defined within the ToS itself but deferred to subscription plan documentation, which may change independently.
This new provision makes commercial rights contingent on subscription tier and shifts burden to users to understand limitations, without specifying what rights each tier includes.
View full change record →Under these terms, the commercial use rights applicable to AI-generated images and videos are not uniform across all users and are specifically conditioned on the subscription plan in effect at the time of generation. Users operating under free or lower-tier plans may have restricted or no commercial use rights for generated outputs.
How other platforms handle this
As between you and Anthropic, and to the extent permitted by applicable law, you retain any right, title, and interest that you have in the Inputs you submit. Subject to your compliance with our Terms, we assign to you all of our right, title, and interest—if any—in Outputs.
You may not access the Services in any way other than through the currently available, published interfaces that we provide. For example, this means that you cannot scrape the Services without X's express written permission, try to work around any technical limitations we impose, or otherwise attemp...
Unless otherwise explicitly authorized, you agree not to: [...] (ix) engage in any of the foregoing in connection with the use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any machine learning tool, model, system, algorithm, product o...
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"Subject to your compliance with these Terms, Leonardo AI grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services. The rights you have to use Generated Content depend on your subscription plan. Please review your subscription plan to understand what commercial use rights, if any, are available to you.— Excerpt from Leonardo AI's Leonardo AI Terms of Service
(1) REGULATORY LANDSCAPE: The tiered commercial use structure intersects with copyright law in multiple jurisdictions, particularly given the unsettled legal status of AI-generated content ownership. In the US, EU, and Australia, the copyrightability of AI-generated outputs remains subject to evolving legal and regulatory guidance. The FTC may be relevant if the disclosure of commercial use limitations is found to be inadequate. (2) GOVERNANCE EXPOSURE: Medium. The provision delegates the definition of commercial use rights to subscription plan documentation rather than the ToS itself, which creates a risk that users may not be fully informed of restrictions at the point of content generation. Businesses using generated content commercially should verify current subscription terms before deploying outputs. (3) JURISDICTION FLAGS: The absence of clear copyright ownership of AI-generated content creates jurisdiction-specific exposure in the US (where the Copyright Office has stated AI-generated content without human authorship may not be copyrightable), EU, and Australia. Commercial users should seek legal advice specific to their jurisdiction before exploiting generated outputs. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers and agencies using generated content in client deliverables should document their subscription tier at the time of generation and retain records of applicable commercial use rights. Contracts with downstream clients should reflect the conditional nature of commercial use rights. (5) COMPLIANCE CONSIDERATIONS: Legal teams should monitor Leonardo AI's subscription plan documentation for changes to commercial use rights, as these may be updated independently of the ToS. Users should maintain records of their subscription tier and associated rights at the time of generating commercially deployed content.
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This provision establishes that the scope of permissible commercial exploitation of AI-generated outputs is determined by the user's active subscription plan, creating a tiered rights structure. Users who rely on generated content for commercial purposes must confirm that their subscription tier explicitly permits such use.
Under these terms, the commercial use rights applicable to AI-generated images and videos are not uniform across all users and are specifically conditioned on the subscription plan in effect at the time of generation. Users operating under free or lower-tier plans may have restricted or no commercial use rights for generated outputs.
ConductAtlas has identified this type of provision across 118 platforms. See the full comparison.
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