Customers who conduct or publish benchmarks of AWS services must disclose sufficient methodology to replicate the benchmark and, by doing so, grant AWS the right to conduct and publicly disclose comparative benchmarks of the customer's own products, regardless of any restrictions in the customer's own terms of service.
This analysis describes what AWS Bedrock'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 provision creates a contractual authorization for AWS to benchmark and publish comparative performance results on customer products upon the customer's disclosure of any AWS benchmark, which may override benchmark restriction clauses in the customer's own licensing agreements or terms of service.
Interpretive note: Whether this clause can effectively override benchmark restrictions in the customer's own product terms against AWS depends on governing contract law and whether AWS is considered bound by or a third-party beneficiary to those terms.
The updated terms remove the explicit reference to a Data Processing Addendum governing Anthropic data transfers, though the requirement to obtain opt-in consent for Anthropic model use remains in place. For Kiro users, the revised language now explicitly states that abuse detection includes retention and potential human review of inputs and outputs when selecting certain models. Users of Anthropic models on Bedrock should verify opt-in consent mechanisms in service documentation to understand data handling practices.
View change record →The updated terms establish a new project-based service structure for AWS (new) users, effective August 17, 2026, with new rules governing team member access and content ownership. Users who enable spend limits agree that AWS may suspend their account or project access upon reaching their limit, and may permanently close the account or project if not reactivated within an unspecified timeframe. Contributed content by team members becomes the project owner's property and is subject to a nonexclusive irrevocable license granted to all project members. You can configure AI services opt-out policies through AWS Settings; project owners can manage team member permissions and access controls.
View change record →The updated terms now explicitly state that AWS IoT SiteWise Scenario Discovery is not designed for real-time vehicle control and cannot be used as the sole basis for determining vehicle safety or regulatory compliance. Organizations deploying this service must implement independent human monitoring and safety validation before using its outputs to support vehicle system decisions. The terms make clear that AWS assumes no responsibility for uses that violate these constraints.
View change record →Under this clause, a customer who publishes a benchmark comparison involving AWS services grants AWS the contractual right to conduct and disclose benchmarks of the customer's products, even if the customer's own terms prohibit third-party benchmarking.
Cross-platform context
See how other platforms handle Benchmark Reciprocity Clause and similar clauses.
Compare across platforms →"You may perform benchmarks or comparative tests or evaluations (each, a "Benchmark") of the Services. If you perform or disclose, or direct or permit any third party to perform or disclose, any Benchmark of any of the Services, you (i) will include in any disclosure, and will disclose to us, all information necessary to replicate such Benchmark, and (ii) agree that we may perform and disclose the results of Benchmarks of your products or services, irrespective of any restrictions on Benchmarks in the terms governing your products or services.Excerpt from AWS Bedrock's AWS Service Terms
REGULATORY LANDSCAPE: This provision does not directly implicate a specific regulatory framework but engages intellectual property and licensing law, as it purports to override benchmark restriction clauses in the customer's own product terms.
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This provision creates a contractual authorization for AWS to benchmark and publish comparative performance results on customer products upon the customer's disclosure of any AWS benchmark, which may override benchmark restriction clauses in the customer's own licensing agreements or terms of service.
Under this clause, a customer who publishes a benchmark comparison involving AWS services grants AWS the contractual right to conduct and disclose benchmarks of the customer's products, even if the customer's own terms prohibit third-party benchmarking.
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