Mostly approaching this from the context of performing content marketing for clients. I recognize many of these generative platforms are unethical, and there is liability there, especially when mistakes are made or IP is evident in the output. I also recognize this isn't stopping clients for asking about it.
What sort of terms around AI do you put in your contracts with clients?
AI policies with clients – Do you have terms for this in your MSAs?
byu/ctf-19 inEntrepreneur
Posted by ctf-19
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We’ve added structured AI language into our MSAs over the past year, not to avoid using it but to define responsibility clearly.
The mistake I see is agencies either:
A Pretend they don’t use AI
B Use it heavily with zero contractual clarity
Both are risky.
Here’s how we frame it:
Disclosure Clause
We reserve the right to use AI-assisted tools in research, drafting, and ideation unless the client explicitly opts out.
No Warranty on AI-Originated Content
We clarify that AI outputs are reviewed and edited by humans, but we do not warrant originality beyond reasonable commercial standards.
IP & Indemnity Boundary
Client assumes responsibility for final approval and publication. We do not indemnify against claims arising specifically from AI-generated elements unless due to our negligence.
Confidentiality Protection
No confidential client data is input into public AI systems unless written consent is given.
Opt-Out Pricing
If a client requires zero AI involvement, pricing adjusts to reflect fully manual workflows.
The bigger issue isn’t ethics it’s allocation of risk.
If clients want speed and lower cost, AI will be part of the workflow. But contracts need to reflect shared responsibility, especially around IP exposure and factual accuracy.
The firms getting into trouble aren’t the ones using AI.
They’re the ones using it without governance language.
If anyone’s refining their MSA language around AI liability or building internal AI governance frameworks, I’ve been helping agencies structure this in a way that protects margins without scaring clients. Happy to compare notes.