You are not allowed to use AI21's AI outputs or services to build or improve a competing AI product or model.
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
This clause establishes a use restriction on Service outputs that extends beyond the immediate transaction to cover downstream model development activities. The provision operationalizes a competitive constraint on how users may repurpose or build upon the outputs they receive from the Service.
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 →Removal of this explicit prohibition eliminates clear restrictions on competitive model development, which may either represent a relaxation of terms or indicate the provision moved to acceptable use policies or other sections of the agreement.
View full change record →Developers and AI researchers who use AI21's API for benchmarking, evaluation, or model comparison workflows may be in breach of the Terms of Service, potentially resulting in account termination and loss of access.
How other platforms handle this
You may not automatedly crawl or query the Services for any purpose or by any means (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) unless you have received prior exp...
relate to transactions involving (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime... (i) involve offering or receiving payments for the purpose of bribery or corruption.
You must not, and must not allow others to: Facilitate illegal or harmful activity through the End User Services; Cause harm to us or others through the End User Services;
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"You may not use the Services, including any outputs, to develop, train, fine-tune, or improve any machine learning model or artificial intelligence system that competes with AI21's products or services.— Excerpt from AI21 Labs's AI21 Labs Terms of Use
(1) REGULATORY FRAMEWORK: This clause is primarily a matter of contract law and intellectual property. It may engage competition law scrutiny under EU competition law (Art. 101/102 TFEU) and U.S. antitrust law (Sherman Act Section 1) if interpreted as an unlawful restraint of trade, particularly in the context of AI model interoperability. It also interacts with fair use doctrine under U.S. copyright law for research and evaluation uses of AI outputs. (2)
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This clause establishes a use restriction on Service outputs that extends beyond the immediate transaction to cover downstream model development activities. The provision operationalizes a competitive constraint on how users may repurpose or build upon the outputs they receive from the Service.
Developers and AI researchers who use AI21's API for benchmarking, evaluation, or model comparison workflows may be in breach of the Terms of Service, potentially resulting in account termination and loss of access.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by AI21 Labs.