The agreement states that Modal will not use Customer Data to train AI models or ingest Customer Data into large language models without the Customer's prior written consent, and that Input and Output from AI Tools are classified as Customer Data.
This analysis describes what Modal'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 establishes a contractual prohibition on AI model training using Customer Data as a default, requiring affirmative written consent before any such use. Because Input and Output are classified as Customer Data, this prohibition extends to materials submitted to and generated by Modal's AI Tools.
Under this clause, Customer Data including AI tool inputs and outputs will not be used to train AI models or fed into large language models without Customer's prior written consent. The agreement classifies both Input submitted to AI Tools and Output generated by AI Tools as Customer Data, bringing both categories within this protection.
Cross-platform context
See how other platforms handle AI Model Training Prohibition Without Consent and similar clauses.
Compare across platforms →"Modal will not, except with Customer's prior written consent: (i) train any AI model using Customer Data, or (ii) export Customer Data into, or cause Customer Data to be ingested by, large language models.Excerpt from Modal's Terms of Service
(1) REGULATORY LANDSCAPE: This provision engages GDPR Article 5 (purpose limitation) and Article 22 (automated decision-making), as well as equivalent provisions under UK GDPR and US state privacy laws including CPRA.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
This provision establishes a contractual prohibition on AI model training using Customer Data as a default, requiring affirmative written consent before any such use. Because Input and Output are classified as Customer Data, this prohibition extends to materials submitted to and generated by Modal's AI Tools.
Under this clause, Customer Data including AI tool inputs and outputs will not be used to train AI models or fed into large language models without Customer's prior written consent. The agreement classifies both Input submitted to AI Tools and Output generated by AI Tools as Customer Data, bringing both categories within this protection.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Modal.