Anthropic can use your Claude conversations to train its AI by default, and you can turn this off in settings — but even if you do, clicking thumbs up or down on a response, or having any message flagged for safety, means that content still gets used for training.
This analysis describes what Anthropic'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 provision establishes the scope of permitted data uses and creates a conditional opt-out structure rather than unconditional data use restrictions. The carve-outs ensure training data availability for specific operational purposes—feedback incorporation and safety detection—even when users exercise the general opt-out option.
If you opt out of model training but ever rate a Claude response or have a conversation flagged for safety review, your conversation data is still used to train Anthropic's AI — limiting the practical effectiveness of the opt-out for most active users.
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"We may use Materials to provide, maintain, and improve the Services and to develop other products and services, including training our models, unless you opt out of training through your account settings. Even if you opt out, we will use Materials for model training when: (1) you provide Feedback to us regarding any Materials, or (2) your Materials are flagged for safety review to improve our ability to detect harmful content, enforce our policies, or advance our safety research.— Excerpt from Anthropic's Claude.ai Terms of Service
(1) REGULATORY FRAMEWORK: This provision implicates GDPR Art. 6(1)(a) (consent as lawful basis), Art. 7 (conditions for consent including the right to withdraw), and Art. 5(1)(b) (purpose limitation) as enforced by EU/EEA Data Protection Authorities. It also engages CCPA §1798.120 (right to opt out of sale/sharing of personal information) and §1798.100 (right to know), enforced by the California Privacy Protection Agency (CPPA) and California AG. UK GDPR and the Data Protection Act 2018 apply to UK users, enforced by the ICO. The FTC Act Section 5 is relevant to whether the opt-out mechanism constitutes a deceptive practice given the scope of carve-outs. (2)
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The provision establishes the scope of permitted data uses and creates a conditional opt-out structure rather than unconditional data use restrictions. The carve-outs ensure training data availability for specific operational purposes—feedback incorporation and safety detection—even when users exercise the general opt-out option.
If you opt out of model training but ever rate a Claude response or have a conversation flagged for safety review, your conversation data is still used to train Anthropic's AI — limiting the practical effectiveness of the opt-out for most active users.
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