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.
21. Copyright Complaints
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.