Replicate Terms of Service

This document governs Customer access to Replicate LLC's cloud-based AI model hosting and execution platform, establishing a legally binding agreement incorporating by reference the Privacy Policy, Acceptable Use Policy, Community Guidelines, and Additional Terms. The agreement states that customers receive a non-exclusive, non-transferable, revocable right to access the Services, while the terms authorize Replicate to collect and use aggregated and anonymized 'Resultant Data' derived from customer usage without restriction, and to unilaterally modify fees, features, or discontinue the Services at any time without liability. Notably, the terms include mandatory individual arbitration with class action waiver, broad indemnification obligations requiring customers to defend Replicate against third-party claims arising from customer content and model use, and a disclaimer that Replicate bears no liability for Marketplace Models including their security and functionality, which places material risk on customers using third-party models through the platform. The agreement engages consumer protection frameworks under the FTC Act, data privacy regulations including GDPR and CCPA through its Privacy Policy by reference, and the EU AI Act given explicit restrictions on automated decision-making and prohibited AI uses; applicability of these frameworks depends on customer jurisdiction and the specific models deployed. Compliance teams should note the broad IP license granted over customer inputs for model training purposes and the use of Resultant Data, both of which may require evaluation under applicable data protection law depending on whether personal data is involved.