Hi there,
I got a bit confused from the Gigapixel Pro announcement. One of the bullet points for this vastly more expensive package is “full commercial license” - so, did Gigapixel not have one before? Have thousands of professionals used it before Pro came out, without having an actual commercial license?
Best Regards
I’m thinking about the exactly same thing.
I got an email about Gigapixel Pro, and immediately this “commercial” license line caught my eye. When I bought the Gigapixel 6.x version, I don’t remember seeing any mention about commercial or non-commercial use… also, I don’t know where there would be a license, from that time, so that I could check what exactly was mentioned.
Gigapixel has been and still is a paid software, they don’t now give the non-pro version for free, so I would expect it too is still meant for commercial use also.
So I wonder if that is only some really deceptive marketing strategy, to make people gravitate towards the “Pro” software.
Anyway, unless they use different models for different versions, I don’t see any reason why this mention about “commercial use” would make any sense. If the upscaling models are the same, then the training data too is the same. Anyway I don’t know if Topaz Labs has ever disclosed how they’ve sourced and licensed the image data sets used to train the models, but that is a different discussion.
Hello Lucas!
The End User License Agreement changed just recently.
Hi Sami,
The installer has our license agreement included before you run it.
We’ve updated our EULA terms to Gigapixel just recently.
Gigapixel’s individual license and PRO license will have the same AI models and all the same user facing features and functions with the exception that Gigapixel PRO includes offline auth, 1-1 direct support and Command Line Interface.
I’m a bit confused, as I don’t have any chance to read through the old EULA in comparison. Does this mean that you actually changed the Gigapixel “Personal” license to not include commercial licensing anymore, so basically taking away something that was part of the package? I’d guess that is against several laws in multiple countries?
Hi Lucas,
Apologies for not clarifying - the Gigapixel personal license does include limited commercial licensing. Based on the EULA, the Gigapixel PRO license is for users who make $1M in Revenue.
This is from the Gigapixel Personal EULA :
2. Personal and Commercial Licensing:
Personal Licensing: The Software when directly purchased from the website under a personal license is solely intended for personal or limited commercial use. Commercial usage of the Software includes but is not limited to generation and distribution of content for game or media assets, paid distribution on video platforms or stock photo platforms, advertising, publication, or printed media. Commercial usage that contributes to annual revenue exceeding $1 million requires a commercial license.
Commercial Licensing: For publication or distribution of the media outlined above, a commercial license is required. For commercial licensing of the Software, please contact Topaz Labs LLC at enterprise@topazlabs.com.
Hi there Esther,
I perfectly understand the current EULA that you linked. But I’m more interested in the old EULA from before, when there was no Pro version, because it seems that you changed a significant part of the license for people who bought Gigapixel before.
For example, the EULA of Photo AI, which has no Pro version, the word “commercial” isn’t even mentioned once. This makes me think that there was a full commercial license before (or better say, no restrictions), and there’s not. Which is a significant change in the licensing of the software and surely not legal in many markets.
Can you elaborate on what the EULA for Gigapixel said before the change?
Where can I find the license text for version 6.3.3?
The one from that date when 6.3.3 was released.
I don’t find any license text files from the install directory, neither is there any link inside the software itself.
So can we get a proper answer?
Where can we find the license that matches the version I or someone else bought?
Did you decide that it is not important to answer to this question?
This makes me think you could change the license at later point in time.
I got a special offer e-mail for GigaPixel 7.3.0 a week ago from you, but I wonder if there is point to ever upgrade, if you are not completely transparent with this kind of issues towards your user base.
I want to re-ignite this issue since in reviewing my GigaPixel AI EULA today and seeing the clearly outlined bullet point “For Commercial Use” under Gigapixel Pro I looked at the latest EULA for GigaPixel AI closely and saw the $1 million reference. Thousands of us have used the product since it came out, and we paid the annual subscription fees, and it we want, we pay the cloud usage fees, but in my EULAs for the early versions of GigaPixel AI there were no commercial references.
Hiding behind the you can read the EULA when you install it does not offer much, you do NOT highlight the commercial use issue prior to purchase.
I see references to a few features one offered to Pro versions, like command line, which admittedly I do even know how I would use it, but I certainly don’t appreciate an apparent legal treachery in sticking it to the professional photography community with changes in terms and conditions.
Sure, I don’t come anywhere close to $1 million, not even a few % points close, but it is the approach to subtly changing licensing after having loyal professional users for year that bites this change.
What changes are next? I already lived through the Capture One disaster of changing their subscription model. Treat us with more respect. The discontinuing of products was an unwelcome change a few years back.
