You are responsible for ensuring your use of AI21's tools does not produce illegal, harmful, or infringing content, and violating these rules can result in termination of your access.
This analysis describes what AI21 Labs'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
The acceptable use restrictions place compliance responsibility on the user, which combined with the indemnification clause means users bear liability for harmful or infringing AI outputs even when such outputs may be partly attributable to the model's behavior.
Interpretive note: The clause's application to AI-generated content where the user did not explicitly request policy-violating output is ambiguous and may depend on the specific deployment context and jurisdiction.
The updated terms remove the explicit "Your Opt-Out Rights" button that previously allowed users to opt out of data sales and targeted advertising. In its place, the revised language establishes a general cookie consent framework requiring users to click "Accept" to allow cookies for site navigation, usage analysis, and marketing efforts. Users retain the ability to choose not to allow certain cookie types, but the prior dedicated opt-out mechanism for data sales and targeted advertising is no longer explicitly described in the accessible terms interface. If you wish to control cookie preferences, you can click on the cookie settings to modify consent for different types of cookies; however, strictly necessary cookies cannot be declined as they are required for core website functionality.
View change record →Expanded from general content restrictions to a detailed enumerated list of four specific prohibited uses, replaced 'deceptive, hateful' with 'threatening, abusive, harassing, defamatory, or otherwise objectionable', removed the general responsibility clause, and added specific provisions against impersonation and misrepresentation.
View full change record →If AI21's model produces content that turns out to be infringing or harmful, the agreement places compliance responsibility on you as the user. This is particularly important for developers who build applications where end users interact directly with AI21's models and may generate problematic outputs.
How other platforms handle this
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated 'scraping'; (ii) using any automated system, including without limitation 'robots,' 's...
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated 'scraping'; (ii) using any automated system, including without limitation 'robots,' 's...
Customer agrees to comply with Cohere's Acceptable Use Policy, as updated from time to time, which is incorporated into this Agreement by reference. Customer may not use the Services for any unlawful purpose, to generate content that infringes third-party rights, or in any manner that violates appli...
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"You agree not to use the Services to: (i) generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable; (ii) infringe any intellectual property or other proprietary rights; (iii) violate any applicable local, state, national, or international law or regulation; (iv) impersonate any person or entity or misrepresent your affiliation with any person or entity.— Excerpt from AI21 Labs's AI21 Labs Terms of Use
(1) REGULATORY LANDSCAPE: Acceptable use restrictions in AI services are increasingly required or encouraged by regulators. The EU AI Act imposes obligations on deployers to implement use restrictions and monitoring for high-risk AI applications. The Digital Services Act may impose additional content moderation obligations on platforms that deploy AI-generated content at scale. US federal law, including the Computer Fraud and Abuse Act, may independently apply to misuse of AI services. The FTC Act is relevant where deceptive or harmful AI-generated content is used in commercial contexts. (2) GOVERNANCE EXPOSURE: Medium for enterprise API customers. The acceptable use policy transfers significant compliance responsibility to the customer, particularly where the customer's application allows open-ended user input to AI21's models. Enterprise customers who do not implement their own content moderation layer face reputational and regulatory risk if their end users generate policy-violating content through AI21's API. (3) JURISDICTION FLAGS: EU deployers face the most complex regulatory landscape, with the EU AI Act, DSA, and national AI regulations potentially imposing affirmative content governance obligations. California's evolving AI legislation and New York's forthcoming AI transparency requirements may also create additional compliance obligations for enterprise deployers. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers should ensure their own terms of service with end users incorporate equivalent or stricter use restrictions, and implement technical controls to prevent policy-violating content generation. Procurement teams should confirm that AI21 provides audit logs or content moderation tools to support compliance monitoring. (5) COMPLIANCE CONSIDERATIONS: Compliance teams building on AI21's API should conduct a risk assessment of foreseeable misuse scenarios and implement appropriate safeguards. Internal AI governance policies should address acceptable use monitoring, incident response for harmful output generation, and user reporting mechanisms. EU deployers should conduct a conformity assessment if the application qualifies as a high-risk AI system under the EU AI Act.
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The acceptable use restrictions place compliance responsibility on the user, which combined with the indemnification clause means users bear liability for harmful or infringing AI outputs even when such outputs may be partly attributable to the model's behavior.
If AI21's model produces content that turns out to be infringing or harmful, the agreement places compliance responsibility on you as the user. This is particularly important for developers who build applications where end users interact directly with AI21's models and may generate problematic outputs.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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