License Agreement

A Rule of Thumb

Read below for the actual license but the gist is that our badges are free for personal, non-commercial use without attribution. Commercial use requires an eligible Not By AI membership or a one-time Badges Only license. All Badge use must comply with our Not By AI 90% Rule.

1. Definitions

"Badge" means any official badge provided by Not By AI^® for use under this Agreement, including its authorized formats and variations.

"Content" means any text, audio, video, visual work, software, or other creative material with which Licensee is authorized to use a Badge.

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

"Personal Use" means use for personal, non-commercial purposes, excluding business activities, advertising, or monetization.

"Commercial Use" means use in connection with business, professional, promotional, advertising, or revenue-generating activities.

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.

Personal Use is permitted without charge or attribution, provided Licensee complies with this Agreement. Commercial Use is subject to Section 4. Not By AI may authorize exceptions in writing.

Access to additional services, such as hosting Project Pages, requires an eligible Not By AI membership subscription.

A perpetual license permits continued use of the Badges covered by that license, subject to this Agreement. References to authorized formats and variations do not automatically include future, separately offered badge products, verification or certification marks, verification status, or additional services. Those offerings require separate authorization unless expressly included in Licensee's purchase or subsequently granted by Not By AI. Discontinuing or replacing a Badge product does not, by itself, terminate an existing perpetual license to use the Badges already covered by that license.

All rights to the Badges not expressly granted under this Agreement are reserved by Not By AI.

3. Not By AI 90% Rule

To be eligible to use a Badge, Licensee must comply with the Not By AI 90% Rule, which is incorporated into this Agreement by reference.

The version of the Rule in effect when Content is first displayed with a Badge governs that use. Not By AI may update the Rule prospectively and will provide reasonable notice of material changes. Subject to applicable notice and consent requirements, updated requirements apply to new uses after their effective date but do not retroactively invalidate previously compliant Content solely because the Rule has changed. Material changes affecting existing paid license rights are subject to applicable notice and consent requirements.

4. Commercial Use and Compliance Reviews

Licensee may use a Badge for Commercial Use only if Licensee holds a Not By AI membership with current commercial-use rights under Section 8 or has purchased the Badges Only one-time commercial-use license. The one-time license covers Badge use only and does not include Project Pages or other membership benefits.

For all Badge use, including Personal Use, Not By AI reserves the right to review Licensee's Content for compliance with this Agreement and the Not By AI 90% Rule, and to request reasonable supporting information. Licensee agrees to cooperate with such reviews. Not By AI may withhold proprietary review methods, except where disclosure is required by law.

Not By AI may determine whether Content meets the eligibility requirements applicable under Section 3 and may suspend or terminate Badge-use rights in accordance with Section 8.

Licensee must notify Not By AI in writing within thirty (30) days after becoming aware of any material change to previously provided information that affects eligibility to use the Badge or maintain a membership. This reporting period does not authorize continued non-compliant Badge use.

The purchase or use of a Badge does not, by itself, constitute independent verification or certification of Licensee's Content by Not By AI. Nothing in this Agreement limits any applicable express refund commitment made by Not By AI at the time of purchase.

5. Liability

To the maximum extent permitted by applicable law, 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.

To the maximum extent permitted by applicable law, Not By AI shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with this Agreement or the use of the Badge or associated services. Not By AI's total liability under this Agreement shall not exceed the amounts paid by Licensee for the applicable subscription during the twelve (12) months preceding the event giving rise to the claim or the amount paid for the applicable one-time license, as applicable. Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited.

6. Restrictions

Licensee may not:

• Redistribute, resell, lease, license, sub-license, or offer the Badge to any third party, except to employees, contractors, or service providers acting solely on Licensee's behalf to implement authorized Badge use.
• Hotlink to the Badge.
• Modify, adapt, translate, recolor, or otherwise alter the Badge, except for proportional resizing.
• 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.
• Display a Badge in connection with Content that does not meet the Not By AI 90% Rule applicable under Section 3 or use a Badge in a manner that misleadingly suggests unrelated or non-compliant Content meets the Rule.
• Misrepresent Badge use as independent verification, certification, or endorsement by Not By AI unless such status has been expressly granted.

Licensee remains responsible for ensuring that any third parties acting on its behalf comply with this Agreement.

7. Indemnification

Licensee agrees to indemnify and hold harmless Not By AI from and against third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from Licensee's material breach of this Agreement, misuse of the Badge, false or misleading representations, or infringement of third-party rights.

8. Term and Termination

This Agreement will commence on the date Licensee first downloads or uses a Badge or purchases a license under this Agreement and will remain in effect unless terminated in accordance with this Section.

For Licensees who purchase the one-time Badges Only license, the license is perpetual, subject to compliance with this Agreement, including the Not By AI 90% Rule as provided in Section 3. Not By AI may not terminate such a license without cause.

For Licensees who obtain commercial-use rights through a membership subscription, those rights remain valid through the end of the paid subscription period, provided all applicable payments have been made and Licensee complies with this Agreement. Cancellation of a subscription does not immediately terminate rights that have already been paid for. Upon expiration, Licensee must cease Commercial Use unless another valid commercial-use license is obtained, subject to the removal requirements below.

Licensee may terminate a free Personal Use license at any time by ceasing Badge use and removing the Badge from materials under Licensee's control. Not By AI may terminate free Personal Use licenses without cause upon at least thirty (30) days' advance public notice on its website. Where reasonably practicable, Not By AI will also notify affected Licensees using available contact information. Any such termination is subject to applicable notice requirements.

Not By AI may immediately suspend or terminate any license upon notice if Licensee materially breaches this Agreement, including failure to comply with the Not By AI 90% Rule applicable under Section 3 or intentionally providing false or misleading information about Licensee's Content.

Upon suspension, termination, or expiration of Badge-use rights, Licensee must immediately cease all new use of the Badge and, within seven (7) calendar days, remove it from existing online Content and other materials under Licensee's control that can reasonably be updated. This removal period does not authorize new use or further distribution of materials bearing the Badge.

In cases involving intentional misrepresentation, fraud, or other serious misuse, Not By AI may require immediate removal from materials under Licensee's control. Previously distributed physical materials need not be recalled unless required by applicable law, but further distribution of materials bearing the Badge must cease.

Access to Project Pages and other membership services following cancellation, expiration, suspension, or termination is governed by the applicable subscription terms and Terms and Conditions. A one-time Badge license does not preserve access to those services.

9. Governing Law, Dispute Resolution, and Entire Agreement

Subject to any non-waivable rights under applicable law, the governing-law and dispute-resolution provisions in Sections 11 and 12 of the applicable Terms and Conditions are incorporated into this Agreement and apply to disputes arising out of or relating to this Agreement.

This Agreement, together with the incorporated Not By AI 90% Rule and the applicable Terms and Conditions, constitutes the entire agreement governing Badge use and supersedes prior or contemporaneous communications or agreements on that subject. In the event of a conflict, this Agreement shall control solely with respect to Badge licensing and use. Changes affecting existing paid license rights are subject to applicable notice and consent requirements.

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. Changes to This Agreement

Not By AI may update this Agreement prospectively using the notice, effective-date, and consent procedures in Section 10 of the applicable Terms and Conditions, which are incorporated here by reference. For that purpose, references in that section to changes to the Terms also mean changes to this Agreement. Updates to the Not By AI 90% Rule remain subject to Section 3 of this Agreement.

Changes will not retroactively remove rights already granted under a paid license or apply to disputes that arose before the changes took effect. Material changes affecting existing paid license rights require any notice and consent required by applicable law; posting a revised Agreement or continued Badge use alone does not constitute consent where additional agreement is legally required. This modification provision does not authorize termination of a perpetual license without cause under Section 8.