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.
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.
How other platforms handle this
We may leverage OpenAI models independent of user selection for processing other tasks (e.g. for summarization). We may leverage Anthropic models independent of user selection for processing other tasks (e.g. for summarization). We may leverage these models independent of user selection for processi...
Users under 18 years old interact with an age-appropriate model specifically designed to reduce the likelihood of exposure to sensitive or suggestive content. Our under-18 model has additional and more conservative classifiers than the model for our adult users so we can enforce our content policies...
We may use the content you provide to us, including prompts and generated images, to train and improve our AI models and services.
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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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How 10 AI platforms describe the use of user data for model training, improvement, and development, based on archived governance provisions.
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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.