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Before You Hit “Accept”: Top 5 Tips for Reading the T&Cs of Off-the-Shelf AI Tools

AI tools have reached the tipping point for small businesses. In a September 2024 survey by The U.S. Chamber of Commerce and Teneo, nearly every small business – 98% – said they are utilizing a tool that is enabled by AI with 40% using generative AI tools like chatbots and image creation*.

This transformation brings with it healthy doses of excitement, fear and trepidation, especially when it comes to your company’s data. The Terms & Conditions (T&Cs) behind many of the off-the-shelf AI tools aren’t the standard software terms we’ve all fallen into the routine of hitting “Accept” without reviewing. Popular Large Language Models (LLMs) like ChatGPT and the zillions of tools that use their models to provide AI services all rely on data to fuel their neural networks and sharpen their pattern recognition, the basis for the interactions that mimic human intelligence. And it is why data privacy, security and ownership clauses in these contracts are vastly different from standard software terms.

So before you click Accept, here’s five clauses it’s imperative you truly read.

1. If you’re not paying with dollars, you’re probably paying with data.

AI tools get smarter by learning from you (and everyone else whose data is used for training) courtesy of the inputs you give and interactions you have with the platform. That means the very first thing to check in any T&Cs is how the tool uses your data.

What to look for:

• Does this platform use my data to train its models?
• Do different plans have different data usage guidelines?
• Can I opt out if my data is used for training? If yes, how?

Key Takeaway: Many LLMs tap data from users on Free plans to fuel future model training, while paid plans often provide separation between your data and their training. “Often” does not mean always, and sometimes you must manually exclude your data. The key is – as it will be in every one of our recommendations – Read before you Accept.

2. Your data needs a bodyguard, not just a login.

Off-the-shelf AI platforms don’t only store your data. They can copy it, manipulate it, process it and sometimes even move it across borders if you aren’t careful. This can expose most small business owners to additional liability risks they don’t see coming. Especially if you’re working with customer data, employee info, or proprietary content. Before you trust an AI tool with sensitive information and sign on the dotted line, you need to know exactly how and where your data is handled.

What to look for:

• Does the platform encrypt your data both in transit and at rest?
• Do they meet recognized data and security standards like SOC2, ISO27001, HIPPA, GDPR, CCPA, etc.?
• Where is your data stored and processed? Which country, which cloud provider and under what laws?
• Does the vendor allow third-party access or subcontractors, and under what terms?
• Are there clear timelines for data deletion if you cancel or stop using the platform?

Key Takeaway: Look for vendors that talk explicitly about AI security practices and standards, not just general cybersecurity. If the terms are vague or overly broad, assume the protections are too.

3. Just because it was built with your data, doesn’t mean you own it.

Most of these tools are referred to as Generative AI because – you guessed it – they generate new content from the data they have been given. So when you’re working with one of these systems, who owns what is created? Many off-the-shelf tools include terms that give themselves license rights to use, share, or even commercialize the outputs generated on their platform, even if those outputs are based on your proprietary data.

What to look for:

• Who owns the AI-generated content? You, the platform or both?
• Are there any “joint rights,” “derivative works” or “license to use” clauses? What do they provide to the software company versus you?
• Do the terms restrict how you can use what you generate? Internal use only, not for commercial sale, etc.?

Key Takeaway: If an off-the-shelf AI tool helps you create something central to your business, such as training material or a product design, you’ll want full control and clarity on ownership. Don’t assume it’s yours just because it came from your prompt.

4. You’re still in charge, even when AI is doing the work.

AI can aid in efficiency and speed, but it doesn’t guarantee accuracy, fairness, or compliance. Whether it’s accessing patient records, analyzing candidates for hiring, or drafting sensitive content that is bound by an NDA, the responsibility still falls on you to make sure it’s right…And legal. If you’re using AI for anything that touches hiring, healthcare, financial decisions, or compliance-driven tasks, you need to know how the tool handles risk. Don’t assume it’s playing by your rules, rather make sure it’s written into theirs.

What to look for:

• Disclaimers about output accuracy or reliability (they’re almost always in there)
• Language that puts the burden of verification on you (also quite common)
• Any clauses that deny liability for misinformation, bias, or harm
• Commitments (or lack of) to regulatory compliance—HIPAA, GDPR, EEOC, etc.

Key Takeaway: As we always preach at Trybl, treat any AI solution like a promising intern: useful, fast, smart and largely capable but not yet trustworthy enough to fly solo.

5. No one wants a bad breakup.

The pace of AI advancements is mind-boggling. New features roll out before you learned the current ones. Models get upgraded before you see any limitations to the old one. And to go right along with those moves, T&Cs of off-the-shelf AI tools get rewritten at almost as dizzying a pace. That’s part of the promise, and also part of the risk.

If an update suddenly changes how the tool performs for you, suddenly you might find yourself stuck with a tool that no longer fits your business. And if you can’t easily export your data or models, switching vendors can feel more like starting over.

What to look for:

• Does the vendor give you notice (30+ days) before making material changes to the product or terms?
• Can you opt out of updates that affect your integrations, workflows, or user access?
• Are there documented exit options, including data portability, export formats, or API access?
• Can you retrieve both your raw data and AI-generated content before terminating?
• And finally (not limited to just AI tools by the way) – Is there an auto-renewal clause that could lock you in for another term without warning?

Key Takeaway: Choose vendors that are upfront about versioning, model updates, and sunset timelines. Bonus points if they offer backward compatibility or let you freeze your configuration. Your workflows shouldn’t break just because your AI got “smarter.”

One Last Thing…

Off-the-shelf AI tools aren’t just another addition to your tech stack. When deployed well, they become partners in decision-making, inputs into workflows and tech teammates for your employees. That makes the fine print in these T&Cs just as strategically important as the details of any customer contract or vendor deal.

Before you lock into a platform, run the terms past both your legal team and someone who understands how AI really works, not just how a tool is marketed on a website. Skipping that step can cost you more than a surprise renewal fee. It can compromise your data, your IP or even your customers’ trust.

Can’t find a tool that checks all your boxes once you dig into the T&Cs? Then it might be time to build one that does. A partner like Trybl can help you create AI tools built for your business – not just for businesses like yours. You keep control of the data, the decisions and the outcomes. As it should be.

*https://apnews.com/article/small-business-artificial-intelligence-productivity-f6fa7b2a1ce0a9f2e5b8b48670b3098a

NEW MEMBER SPOTLIGHT

Meet Conor Walsh, Commercial Risk Advisor at J. Krug

Welcome to EFBC, Conor! Can you tell us a little about what you do and how you got to where you are now? 

I’ve been at J. Krug for eight years now. It’s a family-owned independent insurance brokerage that started in 1986. I work on the retail side, so I go out to business owners and help them with their insurance needs. Before this, I was in banking. 

I just knew I couldn’t sit behind a desk all day, every day. Some people thrive with structure. I need the opposite. So I started meeting with people, exploring different parts of the insurance industry. I talked to a mentor, and from there it was like a chain reaction. Everyone I met gave me more names, and eventually I met Tom at J. Krug. He was one of the first people to really encourage me to consider the retail side. I was 24 at the time, and the idea of walking into businesses and trying to sell them insurance felt kind of intimidating. But Tom gave me some confidence. And I liked that it was a smaller company—I’ve always been drawn to that. 

Why the preference for smaller businesses? 

I grew up working for small businesses. My dad had a manufacturing business, so I saw firsthand what it’s like. And at a small company, you can actually see the impact of your work. Since I joined, we’ve expanded the office and doubled in size. You can feel that growth in a real, tangible way. 

How did you first hear about EFBC? 

Dave Horvath told me about it. Our families have been close for as long as I can remember. He mentioned EFBC years ago, maybe around 2020, but COVID had just hit and I didn’t really look into it. 

Now that I am at the right stage in my career to join, I started thinking about the group again. So I texted Dave and was like, “Hey, what was that group you were telling me about?” When I went to the first meeting I kind of got the vibe that it’s not about speed-dating-style business development. It’s more about having a problem and a platform where you can voice that—not around your colleagues—and get candid answers and real help. And at the same time, you don’t want to come home to your family and vent all your daily issues either. So it was like, this is kind of perfect. 

What drew you to join? 

I’ve done a lot of traditional networking. Early in your career, you have to do that to build something. But at a certain point, you want something different. EFBC felt like a place where I could just be myself. You’re not pitching, you’re not trying to impress anyone—you’re just being real. And I think that’s actually a faster way to make real connections. 

What do you like to do outside of work? 

I play a lot of guitar. I golf—which, yeah, I know, everyone golfs—but I really enjoy it. And I’m really into skeet shooting. I actually have a tournament in Peoria coming up and will be there for three days. That’s one of my big hobbies. 

Welcome to EFBC, Conor!

NEW MEMBER SPOTLIGHT

Meet Germaine Perez, Director of Finance at PSM Partners

Welcome to EFBC! It’s great to meet you. Can you tell us a bit about your role at PSM Partners and what led you there? 

I’ve been at PSM for seven years. Before that, I got my degree in accounting and worked in AR/AP roles, then joined a consulting firm owned by WPP, working in media finance. One day I got a LinkedIn message from Dan Picaro at PSM. I came in for a casual interview and was employee #30—the first woman in the company.

Wow, that must’ve been intimidating.

Very. It was all men at the time, but they welcomed me. I was hired as a controller, but there was no accounting team—just me. I had to build everything from scratch: invoicing, payroll, HR—even though I had no background in HR.

That’s a lot to take on

It was. The first few months were rough, but I stuck with it. I created all the processes, task lists, how-to guides. Seven years later, we’re still using them. My title evolved from Controller to Director of Finance. I now have a team: a senior accountant, an accounting clerk, and some shared HR support.

When I started we were 30 people—now we’re over 110. I’ve always advocated for more female presence, so I built a mostly female team. We now have more women across departments, including marketing and HR. It’s been really fulfilling.

You’ve clearly made a big impact.

Thank you. I brought a lot of structure from my public company background—everything gets documented and saved. Our CPA from Cray Kaiser even complimented how clean the books are. That’s something I’m really proud of.

What led you to EFBC?

Mike from PSM encouraged me to join to invest in myself. I’d been wanting continuing education—especially with how fast tech and finance are evolving. I’ve attended EFBC roundtables before, but never a Forum. After my test Forum, I really liked it—it was welcoming and the discussions felt relevant to

Welcome to EFBC, Germaine!

EFBC President’s Message: Leading Through Transition

Dear EFBC Members, 

For this month’s letter, I’ve been thinking a lot about Transition, the role it play in our businesses and our lives. 

We’ve had our final official EFBC board meeting for this fiscal year, and will be meeting next month to transition and onboard our next leadership team.  Whether it’s handing off a leadership role, bringing in a new team member, or even preparing the next generation to lead, transition is always happening. And while we often treat it like a moment in time, the truth is: good transitions are a process. 

They take preparation, communication, and, perhaps most importantly, humility. That includes the willingness to let go – of control, of routines, and sometimes even of the sense that everything needs to be done our way. Letting go isn’t easy, especially when we care deeply. But it’s often the most generous, most effective and most forward-looking thing we can do. 

The same idea applies in our companies. The best transitions happen when we plan and invest early – building people up, creating clarity, and trusting others to carry things forward. That kind of preparation helps things run smoothly, but more importantly it creates room for growth. 

So this month, I’d invite you to reflect on the transitions ahead in your own world. Are you setting them up with intention? Are you preparing others—not just with information, but with encouragement? And are you making space for new ideas to emerge by letting go where needed? 

Transitions are never perfect. But when done well, they can unlock the next chapter of growth for both an organization and the individuals within it. 

Thanks for reading, 

Darrin Shillair – EFBC President 2024-2025

This week’s whitepaper comes from our strategic partners at ODEA.

In this audio whitepaper, the ODEA team shares how they’re integrating AI tools into their day-to-day operations—saving time, improving workflows, and working smarter across the board.

AI Tools for Small Businesses: Streamline and Compete 

Small businesses often operate with lean teams where employees wear multiple hats. Unlike large corporations with specialized departments for marketing, finance, customer service, and operations, small business owners and their teams must juggle various responsibilities to keep things running smoothly. But managing everything manually can quickly lead to burnout and inefficiency. 

This is where AI tools for small businesses can make a significant impact. Artificial intelligence is no longer a luxury reserved for big companies—it’s an accessible and cost-effective solution that allows small businesses to streamline operations, improve productivity, and compete more effectively. 

How AI Supports Small Business Owners 

Large companies have the capacity to hire employees for every different function, however, that is simply not possible for many small to medium size businesses. AI-powered tools can take on tasks ranging from customer support to marketing automation, allowing business owners to focus on growth and compete with the big guys. Here are some key areas where AI tools can help:

1. Marketing and Content Creation

AI can assist with content creation, social media posts and management, and email marketing, reducing the time needed to develop and execute campaigns. Tools like ChatGPT,  Jasper  Copy.ai

 can generate blog posts, product descriptions, and engaging social media captions in seconds. Meanwhile, AI-driven platforms such as Canva’s Magic Write can help design marketing materials quickly and efficiently.

2. Financial Management

Small business owners often struggle with bookkeeping and financial management. AI-driven accounting tools like QuickBooks, Xero, and Wave have ai powered features that can help automate expense tracking, invoicing, and financial forecasting, saving business owners valuable time while ensuring accuracy.

3. Sales and Lead Generation

AI-powered CRM (Customer Relationship Management) tools like HubSpot, Pipedrive, and Salesforce AI can help small businesses track customer interactions, automate follow-ups, and personalize outreach efforts to boost sales without requiring a large sales team.

4. Operations and Productivity

Managing projects, scheduling meetings, and organizing workflows can be overwhelming. AI-enhanced tools like Trello, Notion AI, and Asana help streamline operations by automating task management and optimizing team collaboration, making day-to-day operations more efficient. 

ODEA’s Perspective on AI for Small Businesses 

Patty Rioux, of ODEA, recently shared insights on the Mind Your Own Marketing Business podcast about the rapid impact of AI on marketing and business operations.  

She recalled the early days of conceptualizing TRYBL, ODEA’s sister company, and her initial uncertainty about investing in AI or the potential of an AI-driven knowledge-based business. To bring the vision to life, her team experimented by generating rough logo concepts for the hypothetical company using ChatGPT. That’s when Patty had her “Oh shit” moment—AI was more important than ever, and there was no escaping it. With that realization, TRYBL was born, focusing on helping small and medium-sized businesses leverage AI from an operational standpoint to remain competitive with larger enterprises.

She emphasized that AI has the potential to transform small and medium-sized businesses by enhancing operational efficiency. Unlike large corporations with Chief AI Officers, small businesses need to leverage AI strategically to remain competitive.  

At ODEA, they integrate AI into their operations with tools like GPT for brand guides and Proposal Guru for AI-generated proposals, using AI to streamline workflows while continuously learning. Rioux also notes that AI is evolving rapidly, and no one is truly an expert—constant adaptation is key.

Listen to the full podcast episode here. 

The Competitive Advantage of AI 

By integrating AI tools, small businesses can level the playing field, increasing efficiency without expanding their workforce. This allows teams to focus on strategic growth instead of getting bogged down in repetitive tasks. 

NEW MEMBER SPOTLIGHT

Meet Mark Falotico, Account Relationship Manager at Haskris

Welcome to EFBC! It’s great to meet you. Can you tell us a bit about your role and what Haskris does? 

Thanks! It’s great to be here. Haskris is a third-generation family business—my dad and sister are both EFBC members and my dad’s actually been in EFBC for 30 years now. We design and manufacture custom process water chillers, primarily for high-tech applications. MRIs are our biggest market, but we also serve industries that use electron microscopes, semiconductor tools, and other advanced technologies. A lot of what we do involves tight temperature control—some machines cost over $10 million and need extreme precision.

That’s a lot more advanced than what people probably expect when they hear “water chillers.” Have you worked on anything unexpected?

Yeah, one of the more interesting shifts came about three years ago when the cannabis industry started reaching out to us. They needed chillers that could handle extreme temperature ranges—up to 300°F and down to -80°C—and there just wasn’t anyone else in North America making them at the size or quality they needed. That opened the door to working with distillation companies too, for things like incense and food extracts. It’s a pretty niche but fast-growing area.

Have you always been involved in the family business, or did you take a different path before joining?

I always had a feeling I’d end up at Haskris, but I wanted to explore other opportunities first. I went to Illinois Wesleyan University, studied economics, and minored in entrepreneurship. After graduating in 2019, I joined BMO Harris. I ended up on the asset-based lending team, which gave me great experience and exposure to different businesses. But when Haskris was expanding, the timing felt right to come back. I joined about four years ago and started in our customer relations team, learning the technical side, quoting systems, and supporting OEM accounts. Now I lead that team and manage relationships with our OEMs. 

Today’s leadership team, Dan Falotico with Lauren and Mark Falotico

Did growing up in the business shape how you saw your career?

For sure. I grew up around the business—literally. After church on Sundays, we’d stop by the office to get the test units running for Monday. I’d run around the shop and hear business conversations at the dinner table. It was a full immersion. But I still went into college and banking with an open mind. If I’d found something I loved, I might have stayed on that path. Coming back to Haskris gave me a new appreciation for what we’ve built. I love working with my family, and we’ve built a great culture here. It’s competitive in the best way and really collaborative. 

As a new EFBC member, what are you hoping to get out of the experience?

I’m excited to learn from shared experiences of EFBC members.  There are unique challenges that come with being in a smaller family business and hearing how others have navigated those situations is incredibly valuable. I also want to give back. EFBC has done so much for our family over the years, helping shape our policies and structure, especially in the earlier generations. I’d like to share what I’ve learned too—because a lot of that learning comes from the hard stuff, the mistakes and missteps. If I can help someone avoid a few of those, that’s a win.

That’s amazing. I didn’t realize your family’s connection to EFBC went back that far!

Haskris building 1950s

For me, EFBC is my version of getting a business degree. 

I was a nurse—I didn’t go to school for business. But here, I have access to people who are experts in different areas. 

Also, I finally have a real sounding board beyond just Mike. I can ask questions, learn from other people’s experiences, and be part of a community of business owners who “get it.” 

Ultimately, I want to learn how to grow my team in a smart, strategic way. The goal is to scale the business so I can focus on big-picture growth while my team handles the day-to-day. 

Welcome to EFBC, Mark!