What specific language should I look for in agency contracts?

Look for broad 'usage rights' or 'data license' clauses that grant the agency a perpetual, irrevocable license to use deliverables for 'internal development' or 'product improvement,' which often includes AI training.

How does TermScore help with AI training restrictions?

TermScore automatically scans your contracts to identify hidden AI training permissions and suggests redlines to ensure your intellectual property remains protected.

A TermScore is an AI-generated risk rating from 0 to 100 that evaluates the fairness and risk level of any legal document. A score of 86-100 means the contract is highly favorable, while 0-30 indicates dangerous terms you should walk away from.

What types of documents can TermScore analyze?

TermScore analyzes any legal document including freelance contracts, employment agreements, residential leases, NDAs, brand sponsorship deals, SaaS vendor agreements, and rental applications. Upload PDFs, Word documents, or images.

How much does TermScore cost?

TermScore offers a free plan with 3 scores per month. The Team plan is $15/month for 30 scores, and the Professional plan is $50/month for 500 scores with team collaboration features. One-time purchases are also available: a single score for $5 or a 5-pack for $15, with no subscription required.

Is my document data secure?

Yes. Documents are processed in memory and analysis results are stored encrypted. TermScore never shares your document data with third parties and you can delete your data at any time from your dashboard.

Legally restrict agencies from using freelance deliverables for generative AI training

Q: Can I legally stop an agency from using my deliverables for AI training?

Yes, you can restrict this by including explicit 'No AI Training' clauses in your Master Services Agreement (MSA) or Statement of Work (SOW) that prohibit the use of your work product as input data for machine learning models.

How to Legally Restrict Agencies from Using Deliverables for AI Training

To legally restrict agencies from using your freelance deliverables for generative AI training, you must insert explicit restrictive covenants into your Master Services Agreement (MSA) or Statement of Work (SOW). Standard 'work-for-hire' language is no longer sufficient to prevent agencies from feeding your proprietary data into LLMs.

The Legal Landscape of AI Training Rights

Most standard agency contracts contain broad intellectual property (IP) assignment clauses. While these clauses transfer ownership of the final deliverable to you, they often include a 'retained rights' or 'license back' provision. Agencies use these provisions to claim a perpetual, royalty-free, and irrevocable license to use your work for their own internal development—a catch-all phrase that now encompasses training generative AI models.

Why Standard IP Clauses Fail

Broad License Grants: Phrases like 'for any purpose' or 'product improvement' are being interpreted by agencies to include AI model training.
Data Aggregation: Agencies often aggregate client data to build proprietary tools, effectively turning your unique strategy or creative work into a commodity for their AI.
Lack of Transparency: Most agencies do not disclose which third-party AI tools they use to process your data, making it impossible to track where your IP ends up.

Key takeaway: If your contract grants the agency a license to use your deliverables for 'internal business purposes' without an explicit carve-out for AI training, you have likely granted them the right to train their models on your work.

Action Item: Audit your current active contracts for the phrase 'internal development' and assess whether it is defined narrowly enough to exclude machine learning or generative AI.

Essential Contract Clauses for AI Protection

To effectively block AI training, you must move beyond standard IP language. You need specific, targeted restrictions that define 'AI Training' as a prohibited use of your deliverables.

The 'No-AI-Training' Clause

Your contract should include a provision that explicitly states: 'Agency shall not use, process, or input any Deliverables or Confidential Information into any generative artificial intelligence, machine learning, or large language model (LLM) for the purpose of training, fine-tuning, or improving such models, whether owned by Agency or a third party.'

Comparison of Contract Protections

Clause Type	Protection Level	Risk Factor
Standard IP Assignment	Low	High (Implied AI rights)
Restricted License	Medium	Moderate (Vague definitions)
Explicit AI Prohibitions	High	Low (Clear boundaries)

Action Item: Replace generic 'usage rights' with a specific list of permitted uses, explicitly excluding any form of automated model training.

Step-by-Step Process to Secure Your IP

Identify the License Grant: Locate the section in your contract titled 'Intellectual Property' or 'License Rights.'
Define 'Deliverables': Ensure your definition of deliverables includes all drafts, raw data, and intermediate files, not just the final product.
Insert the AI Carve-Out: Add a specific prohibition against the use of these materials in any AI training pipeline.
Demand Disclosure: Require the agency to provide a list of all third-party AI tools used in the creation of your deliverables.
Audit Subcontractors: Ensure the restriction flows down to any subcontractors or third-party vendors the agency employs.

Key takeaway: A contract is only as strong as its definitions. If you do not define 'Generative AI' or 'Machine Learning' in your agreement, the agency may argue that their AI tools fall outside your restrictions.

Action Item: Draft an addendum to your existing MSAs that specifically addresses AI training, ensuring it is signed by both parties to avoid ambiguity.

Jurisdictional Considerations

While contract law is generally consistent regarding IP, jurisdictions like California (via the CCPA/CPRA) and the EU (via the GDPR and the AI Act) provide additional layers of protection regarding how data is processed. Under the EU AI Act, transparency requirements for AI training data are becoming more stringent. Ensure your contract references that the agency must comply with all applicable data protection laws, which now increasingly include AI-specific regulations.

Automate Your Contract Protection

Manually reviewing every agency contract for hidden AI-training loopholes is time-consuming and prone to human error. TermScore uses advanced AI to analyze your contracts, instantly flagging broad license grants and suggesting the precise legal language needed to protect your intellectual property from being used in AI training models. Ensure your work remains yours by letting TermScore audit your agreements today.