GDPR Compliance

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See the full license details below, but in summary: you're free to use our badges for personal use at no cost. For commercial use, see our pricing page.

Definitions

"Badge" refers to any symbol, logo, or mark supplied by ByHuman, used to signify that content is mainly or fully created by one or more humans.

"Content" refers to any written, audio, video, or other form of creative work.

"Licensee" refers to any individual or organization that downloads or utilizes a Badge.

Grant of License

ByHuman provides the Licensee with a non-exclusive, non-transferable, limited license to use the Badge in relation to the Licensee's Content, as outlined in this Agreement. Commercial use of the Badge or access to additional features, like hosting project pages, requires a ByHuman membership subscription.

Commercial Use

Licensees may only use a Badge for commercial purposes if they are subscribed members of ByHuman. ByHuman reserves the right, at its sole discretion, to request a review of the Licensee’s Content. The review process is proprietary and confidential, and its details will not be disclosed to the Licensee. By using a Badge, the Licensee agrees to cooperate with ByHuman during the review and to accept its final decision as binding. If any information provided to ByHuman becomes inaccurate, outdated, or incomplete, the Licensee must notify ByHuman in writing within thirty (30) days. Failure to keep information current may result in suspension or termination of the ByHuman membership.

Liability

ByHuman offers the Badge and related services, such as access to project pages through membership subscriptions, on an "as is" basis without any warranties, express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. ByHuman does not guarantee that the Badge or any services, including project pages or membership features, will meet the Licensee’s needs or expectations, nor that they will be uninterrupted, error-free, or secure. The Licensee assumes all risks and responsibilities associated with using the Badge and any services provided by ByHuman.

ByHuman will not be responsible for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages resulting from or related to this Agreement, or the use or misuse of the Badge and any services provided by ByHuman, including project pages and membership services, by the Licensee or third parties, even if ByHuman has been informed of the potential for such damages. In no case shall ByHuman’s total liability to the Licensee under this Agreement exceed the amount paid by the Licensee for the membership subscription, if applicable.

Restrictions

The Licensee is not permitted to:

  • Redistribute, resell, lease, license, sub-license, or provide the Badge to any third party.
  • Direct link to the Badge.
  • Alter, adapt, translate, reverse-engineer, decompile, disassemble, or create derivative works based on the Badge, with the exception of resizing the Badge.
  • Offer any warranties or conditions, whether express or implied, regarding the Badge.
  • Utilize the Badge for any illegal purposes or in any manner that disrupts, damages, impairs, or reduces the efficiency of ByHuman.
  • Submit false, inaccurate, or misleading information about their project details, creative process, or the level of AI involvement in producing their Content. Licensees are required to ensure that all information submitted to ByHuman, particularly for using project pages or during the verification process under the ByHuman 90% Rule, is honest, precise, and complete. Providing inaccurate information may lead to the termination of the License to use the Badge and any related services, including project pages.

Indemnification

The Licensee agrees to indemnify and protect ByHuman from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) resulting from or related to the Licensee's use of the Badge and membership.

Term and Termination

This Agreement will begin on the date the Licensee downloads the Badge or becomes a member of ByHuman, and it will remain in effect until terminated by either party. Either party may terminate this Agreement at any time for any reason by providing at least thirty (30) days written notice to the other party. ByHuman may also terminate this Agreement immediately if the Licensee violates any terms of this Agreement or does not adhere to the ByHuman 90% Rule. Upon termination, the Licensee must immediately stop using the Badge and any ByHuman properties and dispose of all copies of the Badge in their possession or control.

ByHuman retains the right to terminate the Licensee's membership and subscription if the monthly or annual fee is not paid promptly or if the Licensee violates any terms of this Agreement.

Governing Law and Dispute Resolution

This Agreement represents the complete understanding between the parties regarding the subject matter herein and replaces all previous or concurrent communications, representations, or agreements, whether spoken or written.

Severability

If any part of this Agreement is found to be invalid or unenforceable, that provision will be removed, and the remaining provisions will continue to be in full force and effect.

Waiver

No waiver of any term of this Agreement shall be valid unless it is documented in writing and signed by both parties.

Headings

The headings in this Agreement are provided for reference only and shall not influence its interpretation.

Counterparts

This Agreement may be signed in multiple counterparts, each of which will be considered an original, and all of which together will form a single instrument.