In addition to the license terms, you must also follow Meta's separate Acceptable Use Policy for Llama 3, which becomes a legally binding part of this agreement by reference.
This analysis describes what Meta's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
By incorporating the Acceptable Use Policy by reference, the agreement makes compliance with a separate and potentially updateable external document a condition of the license, meaning changes to the Acceptable Use Policy could alter licensee obligations without a formal amendment to the main agreement.
Interpretive note: The agreement does not specify whether and how licensees are notified of updates to the Acceptable Use Policy or whether a grace period applies when restrictions are added or changed.
Developers and businesses using Llama 3 are bound not only by this agreement but also by Meta's Acceptable Use Policy, which specifies prohibited use cases including certain categories of harmful content generation and specific application types; failure to comply with either document may result in license termination.
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"Your use of the Llama Materials must comply with applicable laws and regulations (including trade compliance laws and regulations) and Meta's Acceptable Use Policy for Llama 3, which is hereby incorporated by reference into this Agreement.— Excerpt from Meta's Llama Community License Agreement
(1) REGULATORY LANDSCAPE: The incorporation of the Acceptable Use Policy engages COPPA where the policy restricts use for services directed at children, and may engage GDPR and CCPA where the policy addresses data handling practices in deployed applications. The FTC Act applies to consumer-facing applications where the Acceptable Use Policy's restrictions on harmful or deceptive AI outputs intersect with deceptive practice standards. (2) GOVERNANCE EXPOSURE: Medium. The dynamic nature of an externally incorporated policy document creates compliance uncertainty, as licensees must monitor the Acceptable Use Policy for changes and assess whether updated restrictions affect their existing deployments. The agreement does not specify a notice or transition period for Acceptable Use Policy updates. (3) JURISDICTION FLAGS: EU licensees should evaluate whether the Acceptable Use Policy's restrictions align with EU AI Act obligations, particularly regarding prohibited AI practices under that regulation. Licensees in regulated sectors such as healthcare, financial services, and education should separately assess whether the Acceptable Use Policy's permitted use cases align with sector-specific regulatory requirements. (4) CONTRACT AND VENDOR IMPLICATIONS: Downstream redistribution agreements must incorporate the Acceptable Use Policy restrictions as required by the main agreement. Procurement teams should verify that the version of the Acceptable Use Policy in effect at the time of contracting is documented and that change notification mechanisms are established. (5) COMPLIANCE CONSIDERATIONS: Legal and compliance teams should establish a process for monitoring Meta's Acceptable Use Policy for updates and conducting impact assessments upon each revision. A record of the Acceptable Use Policy version in effect at the time of each significant deployment decision should be maintained.
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By incorporating the Acceptable Use Policy by reference, the agreement makes compliance with a separate and potentially updateable external document a condition of the license, meaning changes to the Acceptable Use Policy could alter licensee obligations without a formal amendment to the main agreement.
Developers and businesses using Llama 3 are bound not only by this agreement but also by Meta's Acceptable Use Policy, which specifies prohibited use cases including certain categories of harmful content generation and specific application types; failure to comply with either document may result in license termination.
ConductAtlas has identified this type of provision across 16 platforms. See the full comparison.
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