When selecting AI tools, we primarily consider whether the tool meets our needs and assist us in our tasks. Additionally, we need to evaluate the necessity of the tool for completing our work, the training data and potential biases or quality concerns, and the cost of usage and access. Our Evaluative Framework for AI Tools can assist you in reflecting on your use of AI tools and the broader range of issues to consider. We recommend that you first work through the Evaluative Framework for AI Tools.
Before registering for a new tool, it is crucial to review the Terms and Conditions (licence), which form the legal agreement between you and the supplier. These terms outline who may access the service, associated costs, any usage restrictions, the supplier’s and user’s legal obligations, and the allocation of responsibilities and legal liabilities in the event of disputes.
We have created two AI tools Licensing and Review Guidance checklists to help you with the process of evaluating the terms and conditions of AI licences, to help you make informed, responsible decisions before accepting any terms and conditions.
AI Tools Quick Review Checklist
The Quick Review Checklist is aimed at helping you to quickly review the terms and conditions (licence) of an AI tool that you are considering on registering to use. It takes you through ten key points to consider before registering with an AI tool and is aimed at keeping you and your organisation safe from problematic licence terms.
An Excel version of the Quick Review Checklist is also available (Excel - 21 KB).
1. Name of the tool
Provide the name of the AI tool under review.
2. What type of tool is it?
Describe the tool’s primary purpose and key functionalities. Indicate whether it is web-based or requires installation. If installation is required, consult your IT department, as there may be security implications.
3. What does it do with prompts or inputs?
You will normally need to prompt an AI tool which may be a mix of your own words and may also include the work of others. Some tools allow a user to upload their own items, detail here any information about how they store those prompts, files or use the data from them. Some tools discard the prompts and inputs, but others will retain this data and may also use it to further train the AI model. If they are retaining the prompts or inputs why are they doing this? If they are you need to consider carefully if that is okay. You are more likely to encounter intellectual property and data protection issues if they are retaining the prompts, files or data.
4. Intellectual Property (IP) Warranty
Specify any IP warranties you are required to provide. For example, if you (or your users) warrant that only content with appropriate IP rights will be uploaded, and this is breached, the vendor may seek damages.
5. Do you need to own the copyright / IP in the input?
Does the tool state that you (or your users) need to be the owner of the copyright/intellectual property of any content that is loaded into it or used as an input? If yes, this would restrict what you could input to the tool to content where you are the copyright holder or have permissions from the copyright holder for this use. Take a look at our Copyright essentials webpage for information about copyright.
6. Do you give a licence to the inputs?
Does it state that you provide them with a licence to use any content that you put into the tool? If yes, what type of licence is that? What purpose do they want the licence for? Do you (or your users) have the right to give someone else a licence for the content that you are loading into the service? Normally you would only have the rights to provide a licence to material where you are the copyright owner. You would not need to be concerned about this is the material was no longer in copyright. You also need to consider data protection issues. Consider how inputting and providing a licence may impact on commercialisation of the research or the ability to publish in your (or the users) preferred places of publication e.g. by prior disclosure which could prevent a patent application.
7. How are outputs allowed to be shared?
Does the tool give any restrictions on how any outputs that are generated can be shared or used? Detail that information here. Will you be able to use the tool for the purposes that you want to use it for with these restrictions?
8. Does it meet the current WCAG standard?
Confirm whether the tool complies with the current UK Public Sector Bodies Accessibility Standard (WCAG 2.2 AA). This is a legal requirement for web services provided by universities. Do not assume that users will not require accessible services, as many individuals do not disclose disabilities.
9. Who indemnifies whom?
Avoid licences that require you, as the licensee, to indemnify (protect) the licensor. Such clauses may expose you or your institution to uncapped legal liabilities e.g. an uncapped financial penalty. Typically, university e-resource licences involve the licensor indemnifying the institution. Licences where you indemnify the provider of the resource can normally only be agreed to and signed by a limited number of senior ranking staff in an organisation. Contact your licensing or procurement teams before agreeing to licence terms where you indemnify the licensor.
10. Data Protection
Does the licence comply with GDPR and UK Data Protection legislation? If not, or if it permits sharing, reuse, or resale of user data without consent, seek advice from your Data Protection Officer.
Next steps
Summarise key findings from your review. If issues arise—such as non-compliance with accessibility or data protection standards, indemnification requirements, or copyright concerns—seek further guidance from your local licensing or IT procurement teams before registering for the service.
AI Tools Full Licence Review
The AI Tools Full Licence Review (Excel - 24 KB) is aimed at supporting staff members that deal with the procurement or reviewing licences of AI tools on behalf of a group of users. This tool contains additional fields of information to be evaluated for a more in-depth review. The AI Tools Full licence Review is available as an Excel document so that you can use the separate columns as an easy way to compare the terms of a number of tools.
Though not normally covered by the licence, you may also want to ask a potential supplier of an AI tool for information on the energy consumption or carbon footprint associated with training and operating their AI models. It is good to ensure that you are selecting the most environmentally sustainable tool that meets your needs and aligns with organisational sustainability policies.