From the agency AI policy library
AI clauses in agency contracts: 99 real examples
What do agencies actually write about AI in the contract a client signs? We read the published terms of business, service agreements and AI addenda of 24 agencies in 10 countries and quote every AI clause, grouped by the question it settles.
- AI clauses from 24 agencies' published client terms
- 99
- let the client opt out, opt in or set limits on AI
- 10
- say who reviews AI output before it is used
- 12
- small US and UK agencies from our October audit publish client terms with an AI clause
- 3 of 104
Saying the agency uses AI
The contract tells the client the agency uses, or may use, AI tools in the work, and often for what. 19 clauses:
4.2 AI Applications
“AI technologies are used for creative production including ad copy generation, visual asset creation, and video content production; content generation for blogs, landing pages, social media posts, and email campaigns;”
AdVenture Media · Terms of Service · United StatesOriginal23. AI Asset Disclosure, Ownership, and Usage
“The Client acknowledges that the deliverables are created using generative artificial intelligence ("AI") technologies.”
Aegis Creatives · Terms of Service · CanadaOriginalArticle 3(3)(a) Use of AI
“In providing this Service, our office may, for the purposes of assisting with ideation, preparing drafts, editing and processing, improving quality, and streamlining work, use generative AI and machine learning functions provided by Adobe Inc. and/or other third parties”
AMIX (ASOBOAD) · Terms of Use for design production services · JapanOriginal10.2
“AI-powered Content Products are Content Products created through the use of generative artificial intelligence tooling, combined with human post-editing appropriate to the nature, scope and agreed requirements of the relevant Assignment.”
2.8
“The Client acknowledges that The Agency may utilise Artificial Intelligence (AI) and Generative Artificial Intelligence (Gen-AI) tools and technologies provided by third-party vendors in the creation of content, deliverables, products, or services offered under this Agreement.”
Artificial Intelligence
“Elm Marketing may use trusted AI tools to support the delivery of creative content, design, and efficiency within our projects.”
Elm Marketing · Terms & Conditions · New ZealandOriginal6. Use of Artificial Intelligence and Automated Tools
“Enlimited uses artificial intelligence, machine learning, and automated tools as part of its service delivery, including AI SDR agents, agentic GTM workflows, content operations, and analytics.”
Use of Artificial Intelligence
“Evenbound integrates AI into our content development process to enhance efficiency.”
2. Use of Artificial Intelligence
“AI Tools are an integral component of Agency’s Services. For example, Agency may utilize AI Tools to generate ideas and designs, to analyze and organize data for trend forecasting and modeling, to manage and automate workflows, and to build solutions.”
Gravity Global · Artificial Intelligence AddendumOriginalAI Tools
“Moburst may use third-party artificial intelligence tools ("AI Tools") in the creation of Deliverables.”
Technology and AI-Assisted Services
“Net Branding may use third-party technology platforms, including artificial intelligence (AI) tools, to support the delivery of services.”
Net Branding · Terms and Conditions · New ZealandOriginal4. Scope of Services
“AI-assisted content generation may be provided on request”
7. Artificial intelligence
“As part of delivering our services, we use AI tools. We use them as a standard part of how we work, in the same way we use other professional tools.”
Plato Creative · Terms of Business · New ZealandOriginalArtificial Intelligence (AI) Generated Content
“Depending on the scope of work for your project, we may utilize text, images, code, or other information generated by Artificial Intelligence systems”
Pronto Marketing · Master Services AgreementOriginalUse of AI in Service Delivery
“RDI may use AI tools and automation to enhance efficiency, quality, creativity, and insight generation across our deliverables.”
Red Door Interactive · AI Terms of UseOriginal2.5
“Saboteur uses advanced Artificial Intelligence (AI) tools to enhance the efficiency of our brand strategy and design services.”
3. Services Provided
“SEO Aesthetic offers local SEO, Google Business Profile (GBP) management, AI-powered content generation, review management, citation optimization, ranking reports, and related digital marketing services”
SEO Aesthetic · Terms of Service · United StatesOriginalAI
“We use AI tools ethically, legally, and effectively in compliance with our AI policy to protect our clients and demonstrate best practice at all times.”
1.3.1 Use of artificial intelligence (AI)
“The Contractor is entitled to use artificial intelligence technologies (AI tools) to create content (e.g., text, images, sound, or video) within the scope of the services provided.”
TBA Erling Berlin · General Terms and Conditions · GermanyOriginal
Telling the client which AI, and where
Naming the tools, listing them on request, or identifying which parts of a deliverable AI made. 5 clauses:
§ 10 (3) Confidentiality and Data Protection
“When using AI systems, we ensure compliance with the EU AI Act and inform about the AI categories used.”
Blck Alpaca · Terms & Conditions · AustriaOriginal2(E) Artificial Intelligence
“Consultant shall inform Customer of which part of the Services leverage AI as well as the nature of the AI leveraged”
Blue Tent Marketing · General Terms (Exhibit A)Original11.8 AI Transparency and Disclosure
“Where the Client makes a written request to the Agency to identify which elements of a specific Deliverable incorporate AI-generated or Gen-AI-generated content, the Agency shall respond to that request within 10 Business Days and shall identify such elements to the best of its reasonable knowledge.”
17. Generative AI
“Client acknowledges that Impulse Creative Inc. may use generative AI technology, including Google Gemini, Cursor, SpaceX AI, Anthropic, and Grain, in performing the services.”
Impulse Creative · Terms and Conditions · United StatesOriginal7. Artificial intelligence
“On request we will provide a list of AI tools that we use in the delivery of the Products and Services”
Plato Creative · Terms of Business · New ZealandOriginal
Opting in, opting out
Whether AI is the default with an opt-out, something the client selects, or a matter for the statement of work. 10 clauses:
Article 3(3)(e)
“If a user wishes not to use (opt out of) the AI Functions, etc., the user shall notify our office of this in advance.”
AMIX (ASOBOAD) · Terms of Use for design production services · JapanOriginal2(E) Artificial Intelligence
“Customer shall determine whether it elects to use such AI Services.”
Blue Tent Marketing · General Terms (Exhibit A)Original10.1
“Unless explicitly selected by Client, Contentoo shall not be deemed to provide AI-powered Content Products under the Agreement.”
Artificial Intelligence
“If you prefer that AI not be used in your project, please let us know in advance.”
Elm Marketing · Terms & Conditions · New ZealandOriginal2. Use of Artificial Intelligence
“Unless expressly prohibited in a Statement of Work (“SOW”), Agency will use AI Tools in connection with its provision of Services and/or Deliverables in accordance with this AI Addendum.”
Gravity Global · Artificial Intelligence AddendumOriginal17. Generative AI
“By entering into this Agreement, Client consents to Impulse Creative Inc. using Anthropic's Claude to review Client's CRM data, including names, email addresses and contact details.”
Impulse Creative · Terms and Conditions · United StatesOriginal7. Artificial intelligence
“Where the Client has specific restrictions on the use of AI, these should be raised with the Company so they can be discussed before work begins. The Company will rely on the Client to raise such specific restrictions, and if none are raised by the Client then acceptance of these terms is taken to be the Client’s acknowledgement and agreement to our use of AI as we see fit.”
Plato Creative · Terms of Business · New ZealandOriginalClient Collaboration
“RDI encourages Clients to identify any specific data sensitivities, brand voice constraints, regulatory requirements, or tool restrictions at project initiation”
Red Door Interactive · AI Terms of UseOriginal2.5
“By engaging our services, you acknowledge and agree to the use of AI tools as part of our process.”
1.3.1 Use of artificial intelligence (AI)
“If the customer does not want AI technologies to be used for certain projects or parts thereof, they must inform the contractor of this in writing.”
TBA Erling Berlin · General Terms and Conditions · GermanyOriginal
A person between AI and the client
A person checks, edits or approves AI output before it reaches the client, or the contract puts that check on the client. 12 clauses:
4.3 Human Oversight
“All AI-generated content and recommendations are reviewed by our team of experienced marketing professionals before deployment.”
AdVenture Media · Terms of Service · United StatesOriginal10.5
“Contentoo shall apply commercially reasonable human involvement appropriate to the relevant Assignment prior to delivery of AI-powered Content Products. However, Client remains responsible for assessing whether AI-powered Content Products are suitable, accurate and lawful”
Artificial Intelligence
“All AI-generated content is reviewed by our team to ensure it meets quality standards and aligns with your brand.”
Elm Marketing · Terms & Conditions · New ZealandOriginal6. Use of Artificial Intelligence and Automated Tools
“All AI-generated output is reviewed by human operators before deployment.”
Use of Artificial Intelligence
“Each piece of content we produce undergoes thorough shaping and review by our team, who is knowledgeable in client audiences”
4(a) Human Oversight
“Agency will use commercially reasonable efforts to ensure human review and validation of all outputs generated by AI Tools prior to presentation or delivery to Client.”
Gravity Global · Artificial Intelligence AddendumOriginal17. CRM, automation and AI services
“The Client must not rely on AI outputs without appropriate human review, especially for legal, financial, medical, safeguarding, HR, compliance or high-risk decisions.”
Madhouse Media · Service Terms and Conditions of Contract · United KingdomOriginalTechnology and AI-Assisted Services
“AI-assisted outputs are assessed, refined and approved by our team before being provided to clients.”
Net Branding · Terms and Conditions · New ZealandOriginal11. Content, AI-Assisted Content and Intellectual Property
“Content created by Noiz (including AI-assisted drafts) is supplied for client review and editing.”
7. Artificial intelligence
“All AI-assisted work is reviewed and reworked by our team before it reaches the Client, so final work reflects our judgement and craft rather than raw AI output.”
Plato Creative · Terms of Business · New ZealandOriginalUse of AI in Service Delivery
“RDI applies human review, editing (as needed), and approval by qualified RDI professionals to AI-assisted deliverables before delivery, with the intent of ensuring factual soundness, brand alignment, and reasonable compliance with applicable laws and client brand standards.”
Red Door Interactive · AI Terms of UseOriginal1.3.1 Use of artificial intelligence (AI)
“Unless otherwise agreed, all content generated by AI will be checked by a natural person after creation and adjusted if necessary.”
TBA Erling Berlin · General Terms and Conditions · GermanyOriginal
Client data in AI tools
What client information may go into AI tools, under which settings, and whether anything is trained on it. 10 clauses:
9.2
“Client grants Contentoo permission to use Products, without limitation, for the training of the AI-model or other similar models and services of Contentoo – but only insofar as these Products do not contain any personal data”
11.4 Client Data Input Warranty
“such data, content, and materials do not contain any personal data except where the Client has provided prior written notification to the Agency identifying the categories of personal data involved”
6. Use of Artificial Intelligence and Automated Tools
“Client data will not be used to train third-party AI models without written consent”
Use of Artificial Intelligence
“Our company strictly adheres to privacy standards and will not share any customer information with our AI tools or external entities, ensuring complete confidentiality and data protection, without express written consent.”
3(b) Use of Client Content
“Agency will not use Client Content to train or develop any general-purpose large language model, whether owned by Agency or a third party, and will not use Client Content for the benefit of any other Agency client.”
Gravity Global · Artificial Intelligence AddendumOriginal17. Generative AI
“All tools are used on paid accounts with data not used for training.”
Impulse Creative · Terms and Conditions · United StatesOriginalConfidential Information
“Moburst may publish Customer Material and may use it as input to AI Tools as necessary for provision of the Services”
Technology and AI-Assisted Services
“Confidential client information will be handled responsibly and will not knowingly be entered into AI systems where doing so would compromise privacy or confidentiality obligations.”
Net Branding · Terms and Conditions · New ZealandOriginal8. Privacy and security
“The Company may process Client information using third-party AI tools in the course of providing products or services. Where it does so, the Company will apply appropriate safeguards and handle personal information in accordance with the applicable New Zealand privacy laws.”
Plato Creative · Terms of Business · New ZealandOriginalData Handling and Confidentiality
“RDI may input Client-provided information or data into AI systems as we deem necessary to perform the Services, provided that such systems are configured with “no-data-sharing,” “no-training,” or “enterprise trust” settings (or functionally equivalent controls)”
Red Door Interactive · AI Terms of UseOriginal
Who owns work made with AI
Who owns AI-assisted work, and whether there is any copyright in it to hand over. 12 clauses:
6.3 AI-Generated Content
“Ownership of AI-generated content is subject to the terms and policies of the respective AI providers and applicable law. Where permissible, AI-generated content created specifically for your campaigns will be assigned to you upon full payment.”
AdVenture Media · Terms of Service · United StatesOriginalOwnership of Deliverables
“Upon receipt of full payment for the applicable Service period, the Agency hereby assigns all right, title, and interest in the final Video and Static deliverables to the Client.”
Aegis Creatives · Terms of Service · CanadaOriginal§ 7 (13) Usage Rights and Intellectual Property
“Due to the lack of human creation, such content may not be protected by copyright. We grant rights to it to the extent they exist and give no assurance of exclusivity in this respect.”
Blck Alpaca · Terms & Conditions · AustriaOriginal10.3
“Contentoo does not warrant that AI-powered Content Products qualify for copyright or other Intellectual Property protection”
9.6
“The Client is granted a non-exclusive, non-transferable, and revocable license to use the AI/Gen-AI generated content or AI/Gen-AI integrated deliverables, products, or services in accordance with the terms of this”
6. Use of Artificial Intelligence and Automated Tools
“Enlimited retains all rights in proprietary AI systems, workflows, and prompt engineering developed for or used in service delivery”
3(c) Ownership of AI-Generated Content
“All Deliverables or work product, including any work-product created in connection with the provision or performance of the Services and/or Deliverables using AI Tools will be considered a “work made for hire” and owned by Client.”
Gravity Global · Artificial Intelligence AddendumOriginal6. Intellectual property
“Where AI is used to assist in producing or delivering Products or Services, we materially rework and develop the AI output so that the Products and Services delivered reflect genuine human authorship.”
Plato Creative · Terms of Business · New ZealandOriginalArtificial Intelligence (AI) Generated Content
“The intellectual property rights, including copyright and ownership of such AI-generated content, may involve unique considerations and could be subject to additional licensing regulations or ethical guidelines.”
Pronto Marketing · Master Services AgreementOriginalIntellectual Property and Ownership
“AI-generated materials (text, imagery, data, or code) may have inherent limitations on exclusivity or copyright protection under applicable law.”
Red Door Interactive · AI Terms of UseOriginal9. Intellectual Property
“Upon full payment, Deliverables created specifically for the Client become the Client’s property. SEO Aesthetic retains ownership of all proprietary systems, tools, methodologies, templates, AI processes, and internal frameworks.”
SEO Aesthetic · Terms of Service · United StatesOriginal1.3.2 Use of artificial intelligence (AI)
“If exclusive rights of use are to be transferred for content created in whole or in part with the aid of AI, the contractor shall ensure that such a transfer of rights of use is possible”
TBA Erling Berlin · General Terms and Conditions · GermanyOriginal
What the agency promises about AI output
Accuracy, originality and infringement: what the agency guarantees, disclaims or indemnifies. 15 clauses:
6.3 AI-Generated Content
“You acknowledge that AI-generated content may not be eligible for copyright protection in all jurisdictions and that similar outputs may be generated for other parties using the same AI tools.”
AdVenture Media · Terms of Service · United StatesOriginalAI Copyright Disclaimer
“The Agency makes no guarantee, warranty, or representation regarding the protectability of any deliverable under copyright or trademark law.”
Aegis Creatives · Terms of Service · CanadaOriginalArticle 3(3)(c)
“our office does not warrant the accuracy, completeness, usefulness, lawfulness, or non-infringement of third-party rights in relation to the AI Functions, etc. or the AI-Generated Materials.”
AMIX (ASOBOAD) · Terms of Use for design production services · JapanOriginal10.2
“Client acknowledges that AI-powered Content Products may differ in nature, characteristics and production methods from Content Products created entirely through human effort and may contain inaccuracies or similarities to third-party content.”
14.8
“The Agency shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of AI-generated content or AI-integrated deliverables, products, or services”
6. Use of Artificial Intelligence and Automated Tools
“AI-generated content may contain errors, inaccuracies, or biases and should not be relied upon as legal, financial, medical, or professional advice”
Use of Artificial Intelligence
“Evenbound will indemnify, defend and hold harmless the client from any liability, loss, demand, complaint or suit against the client arising out of or relating to Evenbound’s use of AI to develop content for the client regardless of the legal theory”
4(a) Human Oversight
“Agency makes no representation or warranty of any kind that any AI-generated outputs do not infringe on any third-party rights and will make no claim to ownership of any AI-generated outputs.”
Gravity Global · Artificial Intelligence AddendumOriginal17. CRM, automation and AI services
“Madhouse is not responsible for losses caused by the Client’s misuse of CRM, automation or AI systems, or by third-party platform failure, API change, account suspension or data supplied by the Client.”
Madhouse Media · Service Terms and Conditions of Contract · United KingdomOriginalDisclaimer of Warranties
“Moburst disclaims any and all warranties not explicitly granted by the applicable AI Tool provider regarding any output obtained from such tools.”
11. Content, AI-Assisted Content and Intellectual Property
“The client is responsible for fact-checking, legal review, and regulatory compliance before publication.”
Artificial Intelligence (AI) Generated Content
“If we elect to use AI-generated content, we will do so in compliance with applicable laws, regulations, and ethical guidelines, and will obtain any necessary permissions or licenses for the use of such content on the website.”
Pronto Marketing · Master Services AgreementOriginalLimitations of Liability and Disclaimer
“While RDI strives for accuracy, originality, and brand alignment, it cannot guarantee that AI-generated materials will be entirely error-free or suitable for all client uses.”
Red Door Interactive · AI Terms of UseOriginal2.6
“you acknowledge and accept that the nature of our services may involve reference to and reliance on information, data and other materials supplied by third parties (including generative artificial intelligence) and we cannot guarantee the accuracy or legality of, and make no warranties in respect of, those materials or their output.”
1.3.2 Use of artificial intelligence (AI)
“The contractor guarantees that content created in whole or in part with AI does not infringe the rights of third parties.”
TBA Erling Berlin · General Terms and Conditions · GermanyOriginal
The AI providers behind the work
AI tools are another company's service, under that company's terms, and they can change or fail. 7 clauses:
10. Limitation of Liability
“AdVenture AI is not liable for performance fluctuations, account suspensions, or policy changes imposed by third-party advertising platforms, AI service providers, or other technology partners.”
AdVenture Media · Terms of Service · United StatesOriginalArticle 3(3)(d)
“our office shall not be liable for any damages incurred by the user arising from or in connection with specification changes, suspension, or failure of the AI Functions, etc.”
AMIX (ASOBOAD) · Terms of Use for design production services · JapanOriginal11.7 Third-Party AI Provider Terms
“The Agency's ability to provide AI-generated or Gen-AI-generated content and deliverables is dependent on the terms and availability of Third-Party AI Solution Providers.”
3(a) License to Use AI Tools
“Agency's use of AI Tools will comply with all instructions of use issued by any applicable third-party providers of such AI Tools.”
Gravity Global · Artificial Intelligence AddendumOriginal17. CRM, automation and AI services
“Where Madhouse provides CRM, automation, AI tools, chatbots, WhatsApp agents, email automations, lead workflows or similar services, these may rely on third-party platforms, APIs, integrations and client data.”
Madhouse Media · Service Terms and Conditions of Contract · United KingdomOriginalAI Tools
“Customer further acknowledges that such providers may, as a condition of their service, require a license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare derivative works of, publicly display, publicly perform, sublicense, or distribute, or any combination of the foregoing, any Customer Material or Deliverables”
12. Digital third party platforms
“AI tools and models are third-party platforms for the purposes of this section.”
Plato Creative · Terms of Business · New ZealandOriginal
Labeling AI content for the public
Who tells audiences, platforms and regulators that content was made with AI, where a law or platform rule requires it. 5 clauses:
Platform Compliance & Labeling
“The Client is solely responsible for ensuring that the use and publication of the deliverables comply with the terms of service of any third-party platform (e.g., Meta, TikTok, YouTube, Google). This includes, but is not limited to, the mandatory application of "AI-generated content" or "Synthetic Media" labels as required by such platforms.”
Aegis Creatives · Terms of Service · CanadaOriginal§ 7 (13) Usage Rights and Intellectual Property
“If the Client publishes such content, the Client ensures the legally required labeling, in particular under Art. 50 EU AI Act.”
Blck Alpaca · Terms & Conditions · AustriaOriginal11.9
“The Client acknowledges that it is solely responsible for making any disclosures to its own clients, customers, employees, or regulators in respect of AI-generated content contained within Deliverables”
Annexure B (Rooftop Services) 3.2(b)
“Where required by law or other code of conduct applicable to you, you must include an appropriate disclosure regarding the use of (including publishing) any Client Content which is AI-generated or otherwise AI-enhanced which is intended or proposed to form part of the Rooftop Content.”
Ready Media Group · General Terms and Conditions · AustraliaOriginal1.3.3 Use of artificial intelligence (AI)
“Separate labeling of AI-generated content is only required if and to the extent that the labeling of the content is required by law or if it is already foreseeable at the time of performance that a labeling requirement will be required by law in the foreseeable future”
TBA Erling Berlin · General Terms and Conditions · GermanyOriginal
What the platforms and the law actually require, rule by rule: AI disclosure requirements by platform and law.
What the client may do with AI
AI content the client supplies, and limits on the client training AI on the work or editing it with AI. 3 clauses:
§ 7 (9) Usage Rights and Intellectual Property
“Further edits, in particular new cuts, composites or edits using AI, require our consent.”
Blck Alpaca · Terms & Conditions · AustriaOriginalCustomer Representations
“Customer shall not use any Deliverables created in whole or in part with AI Tools to train artificial intelligence models, systems, or networks, unless expressly permitted in writing by Moburst and the relevant third-party provider of the AI Tools.”
Artificial Intelligence (AI) Generated Content
“Should the Client supply any AI-generated content for inclusion on the website, the Client shall ensure that such content complies with all applicable laws, regulations, and ethical guidelines.”
Pronto Marketing · Master Services AgreementOriginal
AI and the fee
Whether the efficiency AI brings is already in the price the client pays. 1 clause:
2.9
“The Client acknowledges that the use of AI and Generative AI tools forms part of the Agency’s standard methods of working and has been factored into the pricing of the Services.”
When a client asks for the savings instead: How to Respond When Clients Ask for an AI Discount.
Across the 24
Where the contracts differ
- AI by default, or AI by choice. Most make AI the default and give the client a way out: Gravity Global unless a statement of work prohibits it, TBA Erling Berlin, AMIX (ASOBOAD) and Elm Marketing when the client says so in advance. Plato Creative goes furthest: a client who raises no restriction accepts AI 'as we see fit'. Contentoo and Blue Tent Marketing turn it around and use AI only once the client chooses it.
- The training question is answered in writing. Gravity Global, Red Door Interactive, Impulse Creative and Enlimited promise client data trains no outside or general model. Contentoo is the exception: accepted work may train its own model, unless it holds personal or confidential information.
- Few promise copyright in AI output. 12 contracts address who owns work made with AI. Red Door Interactive, Blck Alpaca, Contentoo and AdVenture Media say outright that AI output may not be protected, while Gravity Global, Plato Creative and TBA Erling Berlin take on making sure rights can pass to the client.
- Most disclaim, a few promise. 15 contracts say what the agency stands behind in AI output, and most of them limit it. TBA Erling Berlin guarantees that AI content infringes no one's rights. Evenbound indemnifies the client against claims arising from its own use of AI. Pronto Marketing promises to obtain any permissions or licenses the AI content it uses needs.
- Labeling lands on the client. Of the 5 that address labeling AI content for the public, DRPG, Aegis Creatives, Blck Alpaca and Ready Media Group make it the client's job, and TBA Erling Berlin labels only where the law requires it.
The 24 contracts
Each agency's document, what its AI terms cover and what sets them apart. Where the agency also publishes an AI policy, it is in the agency AI policy library.
AdVenture Media
Terms of Service · Marketing agency · United States · dated February 2026
AI content passes to the client where the AI provider's terms allow it, with a warning that similar output may be made for others.
Covers: the agency uses AI, human review, ownership and copyright, promises and liability, third-party AI tools
Aegis Creatives
Terms of Service · Production company · Canada · dated April 9, 2026
An AI video studio: the client owns the paid-for work, gets no copyright guarantee, and applies the platforms' AI labels.
Covers: the agency uses AI, ownership and copyright, promises and liability, labeling AI content
AMIX (ASOBOAD)
Terms of Use for design production services · Creative and branding agency · Japan · dated October 31, 2025
Names Adobe's generative AI among its design tools, and a client opts out by telling the studio in advance.
Covers: the agency uses AI, the client's say, promises and liability, third-party AI tools
Blck Alpaca
Terms & Conditions · Marketing agency · Austria · dated October 2026
Written for the EU AI Act: it names the AI categories it uses, and the client labels AI content it publishes under Article 50.
Covers: which AI, and where, ownership and copyright, labeling AI content, the client's own AI use
Blue Tent Marketing
General Terms (Exhibit A) · Marketing agency
Says which services use AI and what kind, then lets the client decide whether to use them.
Covers: which AI, and where, the client's say
Contentoo
General Terms and Conditions · SEO and content agency · Netherlands
AI-made content only when the client selects it, and accepted work may train Contentoo's own model unless it holds personal or confidential information.
Covers: the agency uses AI, the client's say, human review, client data and training, ownership and copyright, promises and liability
DRPG
Client Terms and Conditions (version 1.1) · Marketing agency · United Kingdom · dated April 8, 2026
The most detailed AI terms here: AI is priced in, AI-made parts are identified on request within 10 business days, and disclosure to the public is the client's job.
Covers: the agency uses AI, which AI, and where, client data and training, ownership and copyright, promises and liability, third-party AI tools, labeling AI content, aI in the price
Elm Marketing
Terms & Conditions · Marketing agency · New Zealand
Three sentences: trusted AI tools, review by the team, and a client who prefers no AI says so in advance.
Covers: the agency uses AI, the client's say, human review
Enlimited
Terms of Service · Marketing agency · United States · dated August 20, 2026
Runs AI sales agents for clients: a person reviews every output, and client data trains no outside model without consent.
Covers: the agency uses AI, human review, client data and training, ownership and copyright, promises and liability
Evenbound
Master Service Agreement · Marketing agency
The rare contract where the agency indemnifies the client for its own use of AI, instead of the other way round.
Covers: the agency uses AI, human review, client data and training, promises and liability
Gravity Global
Artificial Intelligence Addendum · Marketing agency
A standalone AI addendum: AI is used unless a statement of work forbids it, work made with AI belongs to the client, and client content never trains a general model.
Covers: the agency uses AI, the client's say, human review, client data and training, ownership and copyright, promises and liability, third-party AI tools
Impulse Creative
Terms and Conditions · Marketing agency · United States · dated October 2026
Names its AI tools in the contract itself and asks consent for Claude to read the client's CRM contacts.
Covers: which AI, and where, the client's say, client data and training
Madhouse Media
Service Terms and Conditions of Contract · Marketing agency · United Kingdom · dated June 3, 2026
Written for the AI systems it builds for clients, such as chatbots and WhatsApp agents: the client reviews what they output.
Covers: human review, promises and liability, third-party AI tools
Moburst
Service Agreement · Marketing agency · United States
Client material may go into AI tools, and the client may not train AI on deliverables made with them without permission.
Covers: the agency uses AI, client data and training, promises and liability, third-party AI tools, the client's own AI use
Net Branding
Terms and Conditions · Marketing agency · New Zealand
AI output is assessed and approved before delivery, and confidential information stays out of AI where it would breach confidentiality.
Covers: the agency uses AI, human review, client data and training
Noiz
SEO / AIO Services Terms and Conditions · SEO and content agency · South Africa · dated January 2026
AI-assisted content only on request, delivered as drafts the client reviews and fact-checks before publishing.
Covers: the agency uses AI, human review, promises and liability
Plato Creative
Terms of Business · Creative and branding agency · New Zealand · dated July 2026
Silence is consent: a client raises AI restrictions before work begins, or accepts AI 'as we see fit'. Its tools are listed on request.
Covers: the agency uses AI, which AI, and where, the client's say, human review, client data and training, ownership and copyright, third-party AI tools
Pronto Marketing
Master Services Agreement · Web and digital agency
Covers AI content in the websites it builds, including AI content the client supplies.
Covers: the agency uses AI, ownership and copyright, promises and liability, the client's own AI use
Ready Media Group
General Terms and Conditions · Marketing agency · Australia · dated June 2026
For its property marketing agency work, the client discloses AI-generated or AI-enhanced content wherever a law or code requires it.
Covers: labeling AI content
Red Door Interactive
AI Terms of Use · Marketing agency
A standalone AI terms page for its engagements: approval by its own people before delivery, and client data only in AI tools set not to train.
Covers: the agency uses AI, the client's say, human review, client data and training, ownership and copyright, promises and liability
Saboteur
Terms and Conditions · Creative and branding agency · United Kingdom · dated June 4, 2026
Engaging the studio is agreement to AI in its process, and it makes no warranty on material that AI supplies.
Covers: the agency uses AI, the client's say, promises and liability
SEO Aesthetic
Terms of Service · SEO and content agency · United States · dated January 6, 2026
Lists AI content generation among its services and keeps its AI processes when the deliverables pass to the client.
Sookio
Terms and conditions · Marketing agency · United Kingdom
One line in the terms, pointing to its published AI policy.
Covers: the agency uses AI
TBA Erling Berlin
General Terms and Conditions · Web and digital agency · Germany · dated October 10, 2026
The client opts out in writing, a person checks all AI content, and the agency guarantees that AI content infringes nobody's rights.
Covers: the agency uses AI, the client's say, human review, ownership and copyright, promises and liability, labeling AI content
Write your own clauses
The AI terms generator turns where your agency uses AI into a client AI statement and a numbered AI addendum. The same templates are open on GitHub.
Compare the policies
The agency AI policy library compares what agencies promise about AI outside the contract, and AI disclosure statement examples shows how they tell clients.
Decide what to tell clients
Should Agencies Tell Clients They Use AI? covers when disclosure is owed and how to word it for the client who asks.
Questions agencies ask
What is an AI clause in a contract?
A term in the agreement that settles how AI is used in the work: whether the agency may use it, whether the client can say no, who reviews the output, what client data may go into AI tools, who owns the result and who answers if it is wrong. The 24 agencies here put theirs in their terms of business, a master services agreement, or a separate AI addendum.
What should an agency's AI clause cover?
Read across the 24 documents, the questions answered most often are: the agency uses AI (19 contracts), promises and liability (15 contracts), human review (12 contracts), ownership and copyright (12 contracts) and the client's say (10 contracts). A clause that answers only the first, that the agency uses AI, leaves the client's real questions open: can I say no, who checks it, where does my data go, and do I own it.
What is a no-AI clause?
A term under which AI is not used on the work, or only with the client's agreement. In agency terms it usually appears as an opt-out: TBA Erling Berlin, AMIX (ASOBOAD) and Elm Marketing let the client exclude AI by telling them in advance, and Gravity Global uses AI unless a statement of work prohibits it. A client's own no-AI clause works the other way round, banning AI without prior written approval. A related term is the no-training clause: Moburst forbids the client to train AI on deliverables made with AI tools.
Can work made with AI be owned by the client?
The U.S. Copyright Office's position (January 2025) is that material generated by AI without sufficient human control is not protected by copyright, so there may be nothing to transfer. Agencies answer this three ways: Red Door Interactive, Blck Alpaca and Contentoo say plainly that AI output may not be protected; Gravity Global makes all work made with AI the client's as work made for hire and assigns whatever rights it has; Plato Creative reworks AI output so the work reflects genuine human authorship.
What is an AI addendum?
A short document attached to the main agreement that holds all the AI terms in one place, so they can change without reissuing the contract. Gravity Global and Red Door Interactive publish theirs as standalone pages that apply to every engagement.
Can I copy these clauses?
The words belong to each agency and are quoted to show the choices their contracts make; none of this is legal advice. The free AI terms generator writes a client AI statement and a numbered AI addendum from where your agency actually uses AI, free to use, and the same templates are open on GitHub.
How we built this: we looked for AI terms in the client-terms pages of the 104 small agencies in our October audit and of the agencies in the agency AI policy library, and searched the web for agency contracts with AI clauses. We kept an agency's own terms for its client work (not website terms of use, software terms or law-firm templates), read each document in full on November 1, 2026, and quoted each clause exactly as published (spacing and line breaks normalized). Which question a clause settles is our reading; the grouping is the clause_kind column of the clauses CSV, free to reuse under CC BY 4.0 with a link to this page. The quoted words belong to each agency, contracts change, and nothing here is legal advice. Sources on copyright: U.S. Copyright Office (January 2025): Copyright and Artificial Intelligence, Part 2.