Replika AI Can Legally Include User Conversations In Their Advertising

Replika's Terms of Service contains a clause granting them irrevocable rights to all user-submitted content on their platform.

This clause is found under Section 8.3 of their ToS, stating:

"By uploading any User Content you hereby grant and will grant Replika and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.".

This means that any text, images, or other content shared by users while interacting with Replika's chatbots can be used by the company in their marketing and promotional efforts.

Notably, the term "irrevocable" implies that once the content is shared with Replika, the user cannot withdraw this permission.

Contradictary to this, Replika's FAQs state "Your conversations are private and will stay between you and your Replika.". While the FAQ suggests a degree of confidentiality regarding user chat data, the Terms of Service clause grants the company extensive rights to use them if they decide to.

It is unlikely that Replika have any ill intentions with this clause. However, the rights to include user content (that most users would assume is private) in their marketing is far from a safeguarding clause.

You can view our full summary of Replika's Terms of Service on this page. Here's a preview:

• Binding arbitration clause limits your ability to sue or join class-action lawsuits.
• Replika can modify or discontinue services without notice and is not liable for such changes.
• You are responsible for any activity that occurs under your account.
• Memberships and subscriptions are non-transferable.
• Free Use access can be denied at Replika's discretion.
• Paid subscriptions automatically renew and must be canceled to avoid billing.
• No refunds for purchases through Apple iTunes Store, Google Play store, or Replika's website.
• Replika can terminate your account for fraudulent or illegal activity.
• Prohibited use includes illegal activities and unauthorized commercial use.
• You must comply with U.S. export controls and local laws for international use.
• Replika holds a license to use your User Content as they see fit.
• Replika is not responsible for third-party content or websites.
• You must indemnify Replika against claims related to your use of the Services.
• The service is provided without warranties and Replika's liability is limited.
• You must be 18 or older to use the Services.
• Registration requires accurate and complete personal information.
• Members may receive marketing emails but can opt-out.
• Cancellation of membership or subscription is effective at the end of the billing period.
• Service may have limits on data storage and retention.
• Mobile Services may incur additional charges from your carrier.
• Apple and Google are third-party beneficiaries regarding app usage.
• Members have access to additional content and features.