Terms and Conditions

Last updated: October 16, 2026

These Terms and Conditions ("Terms") govern your access to and use of Not By AI^®'s website (https://notbyai.fyi), services, and products, including the badges and subscription-based Project Pages ("Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

1. Use of Services

Not By AI provides badges, subscription-based Project Pages, and associated services to promote content created primarily by humans. You may use these Services only in accordance with these Terms, the License Agreement for Badge use, and applicable laws. In the event of a conflict, the License Agreement controls solely with respect to Badge licensing and use.

2. Eligibility

You must be at least 18 years old and legally able to enter into a binding agreement to purchase a subscription or license. If you are under 18, a parent or legal guardian must make any purchase on your behalf and accept responsibility for it. You may otherwise use the Services with the consent and supervision of a parent or legal guardian, subject to applicable law. School or educator supervision does not replace any legally required parental consent.

If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Submission of Information and Account Registration

To access certain features of our Services, such as subscribing for Project Pages, you may be required to submit information about yourself and your project. You agree to provide truthful, accurate, current, and complete information and to correct material inaccuracies promptly after becoming aware of them. Badge-related reporting obligations are also governed by the License Agreement.

Not By AI may request clarification or supporting information and may decline submissions that do not meet the applicable eligibility requirements. For correctable errors that do not involve fraud, serious misuse, or a legal or security risk, we will provide notice and a reasonable opportunity to correct the issue before suspending or terminating membership services. For other material breaches, or where reasonably necessary to address fraud, serious misuse, or legal or security risks, we may suspend or terminate membership services immediately upon notice. Suspension or termination of Badge-use rights is governed by the License Agreement.

You are responsible for protecting your account credentials and notifying Not By AI promptly of suspected unauthorized access.

4. User Conduct

You are responsible for all your activities in connection with the Services. You must not use the Services for any illegal or unauthorized purpose.

5. Intellectual Property

The Badges and other materials provided by Not By AI, including website text, graphics, and images, are protected by intellectual property laws and belong to Not By AI or its licensors. User-submitted materials remain owned by their respective owners.

Permission to use the Badges is governed by the License Agreement. That license does not grant permission to reproduce, distribute, or modify other website materials. Except as permitted by applicable law or expressly authorized by the relevant rights holder, no other intellectual property rights are granted under these Terms.

6. User-Submitted Materials

You retain ownership of materials you submit to the Services. You represent that you have the rights and permissions necessary to submit those materials and grant the limited license described below.

You grant Not By AI a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display submitted materials solely as reasonably necessary to review submissions, operate the Services, and present your Project Pages. Modifications are limited to technical formatting, resizing, and other changes necessary for those purposes. Service providers may process these materials solely on our behalf for those purposes.

This license ends when the relevant materials are removed from the Services, except for copies retained for backup, security, legal compliance, or dispute resolution for as long as reasonably necessary for those purposes. Retained copies are not licensed for new public display or unrelated promotional use. Personal information is handled in accordance with our Privacy Policy.

7. Disclaimers

To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Not By AI does not warrant that the Services will be uninterrupted, error-free, or secure.

Badge use or purchase does not, by itself, constitute independent verification, certification, or endorsement of a creator or their content. A review does not guarantee detection of all AI use; creators remain responsible for complying with the applicable Not By AI 90% Rule. Nothing in these Terms overrides an express refund commitment or excludes rights or warranties that cannot lawfully be excluded.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Not By AI will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to the Services.

To the maximum extent permitted by applicable law, Not By AI's total liability under these Terms shall not exceed the amounts you paid 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. Liability for Badge licensing and use is governed by the License Agreement. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

9. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Not By AI and its personnel from third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your material breach of these Terms, misuse of the Services, false or misleading representations, or infringement of third-party rights. This obligation does not apply to the extent a claim results from Not By AI's own breach, negligence, or willful misconduct.

10. Changes to Terms

Not By AI may update these Terms prospectively. We will post the revised Terms with an updated date and provide reasonable advance notice of material changes, including by email or account notice where contact information is available. The notice will identify when the changes take effect. Changes required by law or necessary to address urgent security risks may take effect sooner to the extent permitted by applicable law.

Material changes affecting existing paid license or subscription rights are subject to applicable notice and consent requirements. Posting revised Terms or continued use alone will not be treated as consent where additional agreement is legally required. Changes will not retroactively remove rights already granted under a paid license or apply to disputes that arose before the changes took effect.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law principles. Nothing in these Terms deprives consumers of protections that cannot be waived under the laws applicable to them.

12. Dispute Resolution

Subject to any non-waivable rights under applicable law, disputes arising out of or relating to these Terms shall be brought before the state or federal courts located in Philadelphia, Pennsylvania, and the parties consent to the jurisdiction of those courts. Nothing in this provision restricts a consumer's right to bring a claim in another court where that right cannot lawfully be waived.

13. Subscriptions, Cancellation, and Refunds

The price, billing interval, included benefits, and any automatic-renewal terms disclosed and accepted at checkout govern your purchase. Where you agree to recurring billing, your subscription renews at the disclosed interval until canceled. A Badges Only one-time license is not a subscription and does not include Project Pages or other membership benefits.

You may cancel renewal using the cancellation method provided with your subscription or by contacting [email protected]. Cancellation stops future renewals and does not, by itself, end access before the end of the paid subscription period. Access remains subject to compliance with these Terms and the License Agreement. Changes to subscription prices will be disclosed before they apply, with notice and consent where required by law.

If your first Project Page submission is rejected, Not By AI will issue a full refund of the subscription payment associated with that submission. Other refunds are governed by the refund terms disclosed at purchase and applicable law. Nothing in these Terms limits an express refund commitment made at the time of purchase.

14. Project Pages and Service Termination

When your paid subscription period expires without renewal, access to subscription benefits ends and your Project Pages may be unpublished. Cancellation alone does not require you to stop using benefits during the remaining paid period. We may suspend or remove Project Pages for the reasons described in Section 3 or as required by law. A valid one-time Badge license remains governed by the License Agreement and does not entitle you to continued Project Page hosting.

You should retain your own copies of submitted materials. Unpublishing a Project Page does not necessarily delete stored information. Any retention or deletion commitments disclosed for your subscription, our Privacy Policy, and applicable law govern the handling of retained information. These Terms do not promise indefinite storage or restoration of Project Pages.