License Agreement

A Rule of Thumb

Read below for the actual license but the gist is you can use our badges for personal use without attribution or any costs. For commercial use, pay $99. Both require you to follow our Not By AI rule.

Full License

1. Definitions

"Badge" means any badge, logo, or other mark provided by Not By AI that may be used to indicate that content is primarily or entirely created by one or more humans.

"Content" means any text, audio, video, or other creative work.

"Licensee" means any person or entity that downloads or uses a Badge.

2. Grant of License

Not By AI grants to Licensee a non-exclusive, non-transferable, and limited license to use the Badge in connection with Licensee's Content, subject to the terms and conditions of this Agreement. Use of the Badge for commercial purposes or to access additional services, such as hosting project pages, requires a Not By AI membership subscription.

3. Not By AI 90% Rule

To be eligible to use a Badge, Licensee must comply with the Not By AI 90% Rule, which states that at least 90% of the Content must be created by humans. The Not By AI 90% Rule does not apply to the use of AI for inspiration purposes, supporting legal documents, non-user facing content, looking for grammatical errors and typos, or translating content. Not By AI reserves the right to determine the origin of content in cases of ambiguity regarding whether it is human-created or AI-created. Content created by humans utilizing AI does not qualify as human-created content within the parameters of the Not By AI 90% Rule.

4. Commercial Use

Licensee may use a Badge for commercial purposes only if they are a subscribed member of Not By AI. Not By AI reserves the right, at its sole discretion, to require Licensee to submit Licensee’s Content for review. The review method is confidential and proprietary to Not By AI and will not be disclosed to Licensee. By using a Badge, Licensee agrees to cooperate with Not By AI in the review process and to accept Not By AI’s determination as final and binding. Licensee must inform Not By AI with a written notice if any information provided by Licensee to Not By AI becomes inaccurate, outdated, or incomplete within thirty (30) days. Failure to maintain accurate and updated information may result in the suspension or termination of Not By AI membership.

5. Liability

Not By AI provides the Badge and associated services, including access to project pages through Not By AI membership subscriptions, “as is” and without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. Not By AI does not warrant that the Badge or any services provided, including project pages or membership services, will meet Licensee’s requirements or expectations, or that the use of the Badge and associated services will be uninterrupted, error-free, or secure. Licensee assumes all risks and responsibilities associated with the use of the Badge and any associated services provided by Not By AI.

Not By AI shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with this Agreement or the use or misuse of the Badge and any services provided by Not By AI, including but not limited to project pages and membership services, by Licensee or any third parties, even if Not By AI has been advised of the possibility of such damages. In no event shall Not By AI’s total liability to Licensee under this Agreement exceed the amount paid by Licensee for the membership subscription, if any.

6. Restrictions

Licensee may not:

• Redistribute, resell, lease, license, sub-license, or offer the Badge to any third party.
• Hotlink to the Badge.
• Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Badge, except to resize the Badge.
• Provide any warranty or condition, express or implied, with respect to the Badge.
• Use the Badge for any unlawful purpose or in any way that interrupts, damages, impairs, or renders Not By AI less efficient.
• Provide false, inaccurate, or misleading information regarding their project details, creative process, or the extent of AI involvement in the creation of their Content. Licensees must ensure that all information provided to Not By AI, especially for the purpose of using project pages or for the verification process under the Not By AI 90% Rule, is truthful, accurate, and complete. Failure to provide accurate information may result in termination of the License to use the Badge and any associated services, including project pages.

7. Indemnification

Licensee agrees to indemnify and hold Not By AI harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with Licensee's use of the Badge and membership.

8. Term and Termination

This Agreement will commence on the date Licensee downloads the Badge or becomes a Not By AI memeber, and will continue in effect until terminated by either party. Either party may terminate this Agreement at any time for any reason by giving at least thirty (30) days prior written notice to the other party. Not By AI may also terminate this Agreement immediately if Licensee breaches any provision of this Agreement or fails to comply with the Not By AI 90% Rule. Upon termination, Licensee will immediately cease using the Badge and any Not By AI properties and destroy all copies of the Badge in its possession or control.

Not By AI reserves the right to terminate the Licensee's membership and subscription if the monthly or yearly fee is not paid on time or if the Licensee breaches any terms of this Agreement.

9. Governing Law and Dispute Resolution

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

10. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck from this Agreement and the remaining provisions will remain in full force and effect.

11. Waiver

No waiver of any provision of this Agreement will be effective unless in writing and signed by both parties.

12. Headings

The headings in this Agreement are for convenience only and will not affect its interpretation.

13. Counterparts

This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.