When you send text or other content to AI21's services and receive AI-generated responses, the company can use both your messages and the AI's replies to develop and improve its products.
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
Users and enterprise customers may be submitting confidential, proprietary, or personal information to AI21, and this clause authorizes AI21 to use that content beyond just fulfilling the immediate request.
Interpretive note: The precise scope of 'improve the Services' is not defined; it is unclear whether this includes training foundational models or is limited to operational improvements specific to the customer's account.
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 →This new provision grants AI21 explicit legal rights to use user inputs and outputs for model improvement while maintaining a 'solely for service provision' limitation, representing a narrower but more formally structured approach to training data usage than the previous broader language.
View full change record →Any prompt or query you submit to Jamba, AI21 Studio, or connected APIs, along with the AI's response, may be used by AI21 Labs to improve its models. Users handling sensitive business or personal data should review whether this use is compatible with their own confidentiality or data protection obligations before submitting such content.
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We may share your personal information with our affiliates, meaning entities that control, are controlled by, or are under common control with Consensys. We also share information with service providers who assist in operating our services, subject to confidentiality obligations.
At Ledger, earning and maintaining our users' trust is a top priority. That's why we are deeply committed not only to protecting your privacy and securing your personal data, but also to being fully transparent about how we handle it.
RedCard. We share information with our financial partners to operate the Target RedCard program.
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"By using the Services, you grant AI21 a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your Inputs and Outputs solely to provide, maintain, and improve the Services.— Excerpt from AI21 Labs's AI21 Labs Terms of Use
(1) REGULATORY LANDSCAPE: This provision implicates GDPR Article 6 (lawful basis for processing) and Article 9 if special category data is inadvertently submitted. Under CCPA, inputs containing personal information of California residents may trigger business purpose limitations on secondary use. The EU AI Act imposes transparency obligations on providers of general-purpose AI models regarding training data practices. The FTC Act's prohibition on deceptive practices is relevant if the scope of data use is not adequately disclosed to consumers at the point of collection. Enforcement authority includes the European Data Protection Board, national DPAs, the California Privacy Protection Agency, and the FTC. (2) GOVERNANCE EXPOSURE: High. Enterprise customers deploying AI21 APIs in products that process end-user personal data must assess whether their own privacy notices and processing agreements permit onward use of that data by AI21 for model improvement. This is particularly acute for customers in regulated sectors (healthcare, financial services, legal) where confidentiality obligations may conflict with this license grant. (3) JURISDICTION FLAGS: EU/EEA customers face the highest exposure due to GDPR's strict secondary use and purpose limitation principles. California-based users benefit from CCPA's business purpose restrictions. Customers in Illinois, New York, or sectors governed by HIPAA or GLBA should conduct specific compatibility assessments. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should treat this clause as a trigger for a Data Processing Addendum negotiation under GDPR Article 28. The license as stated is broad; enterprise customers should seek contractual assurances that inputs will not be used for model training beyond their own account's service provision, which is a common enterprise carve-out in the AI services market. Standard commercial practice in the enterprise AI space increasingly includes opt-out or data isolation options. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should audit the categories of data submitted through AI21 integrations, update vendor data inventories to reflect AI21 as a data processor or service provider, and review whether existing privacy notices adequately disclose AI21's secondary use of submitted content. Where end-user consent is the lawful basis, re-consent may be required if the processing scope has expanded.
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Users and enterprise customers may be submitting confidential, proprietary, or personal information to AI21, and this clause authorizes AI21 to use that content beyond just fulfilling the immediate request.
Any prompt or query you submit to Jamba, AI21 Studio, or connected APIs, along with the AI's response, may be used by AI21 Labs to improve its models. Users handling sensitive business or personal data should review whether this use is compatible with their own confidentiality or data protection obligations before submitting such content.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by AI21 Labs.