Service terms

Terms of Service

The conditions that govern access to Upscayl AI information, tools, hosted features, accounts, and related services.

Effective July 27, 2026

Effective date: July 27, 2026

These Terms of Service govern your access to upscaylai.com and any tools, content, accounts, downloads, or services provided through Upscayl AI.

Please read these Terms before using the website. By accessing or using Upscayl AI, you agree to these Terms and our Privacy Policy.

If you do not agree, do not use the service.

1. About Upscayl AI

Upscayl AI provides information and tools related to image upscaling, image enhancement, image editing, AI-generated images, and related workflows.

Available features may include:

  • Image upscaling

  • Image enhancement

  • Browser-based image processing

  • Desktop software information and downloads

  • AI image editing or generation

  • Saved processing history

  • Cloud storage

  • Batch processing

  • Guides and comparisons

  • Paid plans or credits

  • API access

Not every feature is available to every user. Features may depend on your device, location, account, plan, available credits, and technical compatibility.

2. Eligibility

You must be at least 13 years old to use Upscayl AI.

If you are under the legal age required to enter a contract where you live, you may use the service only with permission and supervision from a parent or legal guardian.

You must not use the service if applicable law prohibits you from doing so.

By creating an account or making a purchase, you confirm that the information you provide is accurate and that you are permitted to accept these Terms.

3. User Accounts

Some features may require an account.

You are responsible for:

  • Providing accurate account information

  • Keeping your login details confidential

  • Using a strong and unique password

  • Restricting access to your account

  • Keeping your email address current

  • Activity performed through your account

Do not share account access in a way that violates your plan or creates a security risk.

Contact us promptly at upscaylai@gmail.com if you believe your account has been accessed without permission.

We may require account verification before processing security, billing, or privacy requests.

4. Images and Other Content You Submit

You may be able to upload images, provide prompts, select settings, submit feedback, or create other content through the service. We call this “User Content.”

You retain whatever rights you already hold in your User Content. Using the service does not transfer ownership of your original image to us.

You must have permission

You may upload or process content only when:

  • You own it;

  • You have permission from the rights holder; or

  • Applicable law otherwise permits your use.

You are responsible for confirming that your User Content does not violate copyright, trademark, privacy, publicity, contractual, or other rights.

Permission to process your content

You give Upscayl AI and its service providers a limited, nonexclusive permission to host, copy, transmit, resize, modify, process, and display User Content only as reasonably needed to:

  • Provide the feature you requested

  • Generate or deliver an output

  • Maintain saved history or storage you choose to use

  • Protect the service from misuse

  • Diagnose errors

  • Provide support

  • Meet legal obligations

This permission ends when the content is no longer needed for those purposes, subject to reasonable backup, security, and legal-retention periods.

Our handling of uploaded files is explained further in the Privacy Policy.

5. AI-Generated and Enhanced Results

AI image tools estimate or generate visual information.

An enhanced result may contain:

  • Invented texture

  • Changed facial features

  • Altered text

  • Incorrect objects

  • Distorted logos

  • Modified colors

  • Repeated patterns

  • Other unexpected details

Upscaling increases pixel dimensions but does not guarantee recovery of the original scene’s missing information.

You must review every output before using, sharing, selling, printing, or relying on it.

No accuracy guarantee

We do not guarantee that an output will be:

  • Accurate

  • Error-free

  • Unique

  • Suitable for a specific purpose

  • Free from third-party rights

  • Accepted by a marketplace or publisher

  • Eligible for copyright protection

  • Safe for professional or regulated use

Do not rely on AI-generated or enhanced images as factual evidence.

The service is not intended for decisions involving medicine, law enforcement, identity verification, insurance, employment, credit, safety, or other high-impact matters.

Output rights

To the extent permitted by law and subject to third-party rights, we do not claim ownership of an output merely because the service created or processed it for you.

However, laws concerning AI-generated material vary. An output may not qualify for copyright protection, and similar outputs may be provided to other users.

You are responsible for determining whether an output can be lawfully used for your intended purpose.

6. Acceptable Use

Use Upscayl AI lawfully and responsibly.

You must not use the service to:

  • Upload or process content you do not have the right to use

  • Violate copyright, trademark, privacy, publicity, or other rights

  • Create or distribute unlawful sexual content

  • Create or process sexual content involving minors

  • Exploit, endanger, or impersonate a child

  • Create deceptive intimate images without consent

  • Harass, threaten, defame, or exploit another person

  • Create fraudulent documents or misleading evidence

  • Impersonate another person without lawful permission

  • Misrepresent an AI-generated or altered image as authentic evidence

  • Spread malware, spyware, or harmful code

  • Probe, scan, or attack the service

  • Bypass security, usage limits, or access controls

  • Use automated systems that place unreasonable demand on the service

  • Scrape or copy protected website content without permission

  • Resell access unless expressly permitted

  • Interfere with another user

  • Commit fraud or other unlawful activity

  • Help another person violate these Terms

We may remove content, restrict processing, suspend accounts, or report activity when reasonably necessary to protect users, comply with law, or maintain the service.

7. Sensitive and Confidential Content

Do not upload highly sensitive information unless the feature clearly supports that use.

Examples include:

  • Passwords

  • Payment-card details

  • Government identification

  • Medical records

  • Confidential business documents

  • Private legal records

  • Biometric templates

  • Images subject to professional confidentiality duties

You are responsible for deciding whether a cloud-based tool is appropriate for your content.

For sensitive images, consider a supported local-processing workflow and review the applicable privacy and security information first.

8. Intellectual Property

Except for User Content and third-party material, the website and its original content are owned by or licensed to Upscayl AI.

This may include:

  • Website design

  • Written guides

  • Original graphics

  • Interface elements

  • Code

  • Databases

  • Brand elements

  • Logos

  • Original comparisons

  • Testing materials

You may use the website for personal or authorized business purposes. You may not reproduce, republish, sell, sublicense, or create a competing copy of protected website material without written permission.

Nothing in these Terms transfers ownership of Upscayl AI intellectual property to you.

9. Third-Party Software, Models and Services

Upscayl AI may refer or link to:

  • Open-source software

  • Desktop applications

  • AI models

  • GitHub repositories

  • Cloud providers

  • Payment processors

  • Advertising services

  • Analytics providers

  • Other websites

Third-party products are governed by their own terms, licenses, and privacy policies.

A model supported by an open-source application may have separate restrictions. Some models may prohibit or limit commercial use.

Before using a model or output commercially, review:

  • The model license

  • Software license

  • Commercial-use terms

  • Attribution requirements

  • Source-image rights

  • Applicable law

We are not responsible for independent third-party websites, software, downloads, or services.

10. Downloads

If the website provides or links to software downloads, verify:

  • The source

  • Operating-system compatibility

  • Hardware requirements

  • Current version

  • Digital signature or checksum where available

  • License terms

You are responsible for backing up important files and maintaining appropriate device security.

We do not guarantee that third-party software will work on every device or configuration.

11. Paid Services

Some features may require:

  • A one-time payment

  • A subscription

  • Prepaid credits

  • Usage-based charges

  • A custom business agreement

Prices, included features, renewal periods, credit rules, and applicable taxes should be shown before purchase.

You authorize the payment provider to charge the selected payment method for the amount shown at checkout.

We may change future pricing or plan features. Price changes will not apply retroactively to a completed one-time purchase. Subscription changes will be communicated as required before the next affected renewal.

Credits

If the service uses credits:

  • Required credits may depend on the selected feature or output.

  • Credits have no cash value unless applicable law requires otherwise.

  • Promotional credits may expire.

  • Purchased-credit expiration, if any, will be disclosed before purchase.

  • Credits cannot normally be transferred between accounts.

  • Fraudulently obtained credits may be removed.

The checkout page and plan description control when they provide more specific terms.

12. Subscriptions and Cancellation

A subscription renews only as disclosed during purchase.

Before accepting payment, the checkout process should clearly state:

  • Price

  • Billing period

  • Renewal terms

  • Included features or credits

  • How to cancel

  • When cancellation takes effect

You may cancel through the account billing settings or by contacting upscaylai@gmail.com.

Cancellation stops future renewals. Unless stated otherwise or required by law, you may continue using the paid plan until the end of the current billing period.

Deleting an account does not automatically cancel a subscription handled by an external payment or app-store provider. Follow the cancellation method displayed in your billing account.

13. Refunds

Refund eligibility depends on:

  • The type of purchase

  • Whether credits or processing resources were used

  • The reason for the request

  • The payment provider’s rules

  • Applicable law

Before making paid services available, Upscayl AI should publish a separate Refund Policy explaining exact eligibility and time limits.

Nothing in these Terms limits refund or cancellation rights that cannot legally be waived.

To request billing assistance, email upscaylai@gmail.com with the account email and transaction details. Do not email complete payment-card information.

14. Advertising

The website may display advertisements from Google AdSense or another advertising provider.

Advertising content is supplied by third parties. An advertisement does not necessarily represent an endorsement by Upscayl AI.

We are not responsible for an advertiser’s website, products, claims, availability, or privacy practices.

Advertising and cookie practices are explained in the Privacy Policy.

15. Feedback

You may send ideas, suggestions, or comments about the service.

You permit us to use voluntary feedback to maintain or improve the website without payment or obligation to you.

Do not include confidential information in feedback.

16. Service Availability and Changes

We work to keep the service available, but uninterrupted access is not guaranteed.

The service may be affected by:

  • Maintenance

  • Updates

  • Hardware failure

  • Internet outages

  • Cloud-provider interruptions

  • Security incidents

  • Demand

  • Model availability

  • Legal restrictions

  • Events outside our reasonable control

We may add, modify, limit, suspend, or remove features when reasonably necessary.

When a change materially affects a paid service, we will provide notice or an appropriate remedy where required by law.

Maintain your own copy of important source images and completed outputs. Do not use Upscayl AI as the only storage location for important files.

17. Privacy

Our Privacy Policy explains how we collect, use, retain, and share information.

By using the service, you acknowledge the data practices described there.

The Privacy Policy forms part of these Terms.

18. Disclaimer of Warranties

Upscayl AI is provided on an “as available” and “as is” basis to the extent permitted by law.

We do not promise that:

  • Every image will improve

  • Outputs will be accurate

  • Processing will always complete

  • The service will always be available

  • Every device will be compatible

  • Files will never be lost

  • Every model will remain available

  • Results will satisfy a specific marketplace or printer

  • Use of an output will be free from third-party claims

  • The website will produce a particular commercial result

Information in guides and comparisons is provided for general educational purposes. It is not legal, financial, medical, or professional advice.

Some jurisdictions do not allow certain warranty exclusions. Those exclusions apply only to the extent permitted.

19. Limitation of Liability

To the extent permitted by law, Upscayl AI and its owner, operators, service providers, and contributors will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the service.

This includes loss involving:

  • Data

  • Images

  • Revenue

  • Profits

  • Business opportunities

  • Reputation

  • Account access

  • Expected output quality

  • Third-party claims

To the extent permitted by law, our total liability for a claim relating to the service will not exceed the greater of:

  • The amount you paid to Upscayl AI for the affected service during the 12 months before the event giving rise to the claim; or

  • US $100.

These limits do not apply where liability cannot legally be limited.

20. Your Responsibility for Claims

To the extent permitted by law, you are responsible for claims, losses, or expenses resulting from:

  • User Content you did not have permission to use

  • Your unlawful use of the service

  • Your violation of another person’s rights

  • Your intentional violation of these Terms

We will provide reasonable notice of a covered claim where appropriate.

This section does not require a consumer to accept responsibility for conduct caused solely by Upscayl AI.

We respect intellectual-property rights.

If you believe content available through Upscayl AI infringes your copyright, email upscaylai@gmail.com with:

  • Your name and contact information

  • Identification of the protected work

  • Identification and location of the disputed content

  • A statement explaining your good-faith belief

  • A statement that the information is accurate

  • Confirmation that you are the owner or authorized to act

  • Your physical or electronic signature

We may remove or restrict disputed content while reviewing a complete request.

Submitting a knowingly false copyright complaint may have legal consequences.

If Upscayl AI stores user content publicly or relies on US DMCA safe-harbor procedures, the operator should appoint and register a designated DMCA agent separately. An email clause alone does not complete that registration.

22. Suspension and Termination

You may stop using the service at any time.

We may suspend or terminate access when we reasonably believe that:

  • These Terms have been violated

  • An account creates a security risk

  • Payment is overdue or disputed fraudulently

  • Activity may harm users or the service

  • The law requires action

  • Continued service is no longer practical

Where appropriate, we may provide notice and an opportunity to correct the issue.

Sections concerning content rights, payments, intellectual property, disclaimers, liability, disputes, and other provisions that logically continue will survive termination.

23. Resolving Disputes

Before filing a formal claim, please contact us at upscaylai@gmail.com.

Include:

  • Your name

  • Account email

  • A description of the problem

  • The result you are requesting

  • Relevant transaction or support details

We will try to resolve the issue in good faith.

These Terms do not remove consumer rights or remedies that cannot legally be waived.

Any governing-law, venue, arbitration, or class-action provision should be added only after the website owner’s legal entity, business address, and operating state have been confirmed and reviewed by qualified counsel.

24. Changes to These Terms

We may update these Terms when the service, pricing, technology, or legal requirements change.

The updated Terms will be posted on this page with a new effective date.

If a change materially affects an existing paid service, we may provide additional notice where required.

Continuing to use the service after updated Terms take effect means you accept the revised Terms. If you do not agree, stop using the service and cancel any active subscription.

25. Contact Us

Questions about these Terms can be sent to:

**Upscayl AI
**Website: https://upscaylai.com/
Email: upscaylai@gmail.com

Use the subject line “Terms of Service Question.”

Publisher review checklist

Required checks before publication

Confirm and update:

  • Legal owner or company name

  • Business mailing address

  • State of formation or principal operation

  • Whether the website is official, affiliated, or independent

  • Minimum account age

  • Exact upload and output retention

  • Whether content is used for model training

  • Actual features offered

  • Current pricing and credit rules

  • Subscription cancellation method

  • Refund eligibility and deadlines

  • Payment processor

  • Model licensing and commercial-use restrictions

  • DMCA agent registration, if applicable

  • Governing law and legal venue

The US Copyright Office notes that AI-output copyright protection depends on sufficient human authorship and that online service providers seeking certain DMCA safe-harbor protections may need to register a designated agent. Subscription terms should also disclose material billing information clearly and provide a practical cancellation method. US Copyright Office AI guidance, DMCA agent directory, FTC recurring-subscription guidance.

Clear answers

Questions about these terms?

Contact us before using a feature if you need clarification about these terms or your responsibilities.

Email upscaylai@gmail.com