Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has enforcement authority over algorithmic decision-making practices that harm consumers under Section 5 of the FTC Act and has issued guidance on AI and automated decisions.', 'complaint_url': 'https://reportfraud.ftc.gov/'}, {'agency': 'CFPB', 'reason': 'The CFPB has enforcement authority over automated decision-making in credit and financial services contexts under ECOA and has issued guidance (Circular 2022-03) on AI-based adverse action.', 'complaint_url': 'https://www.consumerfinance.gov/complaint/'}

What is the severity of this clause?

ConductAtlas classifies this Prohibited AI Uses — Automated Decision-Making and Data Scraping clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Prohibited AI Uses — Automated Decision-Making and Data Scraping — Replicate

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What it is

You cannot use Replicate's AI outputs to make fully automated legal decisions about people (like loan or hiring decisions), and you cannot scrape or harvest personal data from Replicate's outputs.

Consumer impact (what this means for users)

If you're using Replicate to build AI applications, you are prohibited from using the outputs for automated decisions that significantly affect people's lives — violations of this clause expose you (not Replicate) to regulatory enforcement and legal liability.

Cross-platform context

See how other platforms handle Prohibited AI Uses — Automated Decision-Making and Data Scraping and similar clauses.

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Why it matters (compliance & risk perspective)

These prohibitions align with EU AI Act and GDPR restrictions on high-risk automated decision-making — violating them could expose you to significant regulatory penalties, and Replicate places the full compliance burden on you as the Customer.

View original clause language

Customer shall not, and shall not permit any other Authorized User to, access or use the Services and Outputs: ix. for purposes of or for the performance of: a. fully automated decision-making, including profiling, with respect to an individual or group of individuals which produces legal effects concerning such individual(s) or similarly significantly affects such individual(s); b. systematic or automated scraping, mining, extraction, or harvesting of personally identifiable data, or similar activity, from the output of any part of the Services except with respect to data that end users have provided as input to the Services and which end users are legally entitled to process, for so long as end users retain such entitlement;

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: This provision directly mirrors GDPR Art. 22 (automated individual decision-making, including profiling) and EU AI Act Article 6 (high-risk AI system classification) and Article 5 (prohibited AI practices). It also engages CCPA §1798.185 (automated decision-making regulations under CPRA) and FTC Act Section 5 as applied to algorithmic decision-making in consumer contexts. EEOC guidance on AI-based employment decisions (May 2023) and CFPB Circular 2022-03 on adverse action and AI are also implicated for specific use cases. Enforcement authorities include the EU Commission/national DPAs, FTC, CFPB, and EEOC. (2)

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Applicable agencies

FTC

The FTC has enforcement authority over algorithmic decision-making practices that harm consumers under Section 5 of the FTC Act and has issued guidance on AI and automated decisions.
File a complaint →
CFPB

The CFPB has enforcement authority over automated decision-making in credit and financial services contexts under ECOA and has issued guidance (Circular 2022-03) on AI-based adverse action.
File a complaint →

Provision details

Document information

Document

Replicate Terms of Service

Entity

Replicate

Document last updated

April 29, 2026

Tracking information

First tracked

April 30, 2026

Last verified

April 30, 2026

Record ID

CA-P-004304

Document ID

CA-D-00467

Evidence Provenance

Source URL

https://replicate.com/terms

Wayback Machine

View archived versions →

SHA-256

45003239fb4cd89daf35f0f7133c51d78118ab223d97c9f811225f0eba11c8f8

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: Replicate | Document: Replicate Terms of Service | Record: CA-P-004304
Captured: 2026-04-30 08:00:11 UTC | SHA-256: 45003239fb4cd89d…
URL: https://conductatlas.com/platform/replicate/replicate-terms-of-service/prohibited-ai-uses-automated-decision-making-and-data-scraping/
Accessed: May 2, 2026

Classification

Severity

High

Prohibited AI Uses — Automated Decision-Making and Data Scraping