You are prohibited from using the Netflix service or its content to train, test, or develop any AI or machine learning system, including through automated access, scraping, or data extraction.
This analysis describes what Netflix'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 expressly extends the existing restrictions on automated access, scraping, and data extraction to cover AI and machine learning use cases, including model training, fine-tuning, benchmarking, and validation.
Interpretive note: The interaction between this contractual prohibition and statutory text-and-data-mining exceptions in certain jurisdictions, particularly the EU, is legally unsettled.
This restriction applies to all users and prohibits using Netflix content or service data to develop, train, or test any machine learning or AI technology, which may be relevant to researchers, developers, or businesses that access Netflix as individual subscribers.
How other platforms handle this
'crawling' or 'scraping', whether by automated, manual, or other non-automated means, or otherwise using any automated means (including, without limitation, 'bots,' 'scrapers,' and 'spiders'), to view, access or collect information or content from the Services, or using any part of the Services or c...
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.
You may not use the Services to develop foundation models or other large scale models that compete with Amazon Bedrock or any other AWS Service.
Monitoring
Netflix has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 10 platforms.
"(ix) engage in any of the foregoing in connection with the use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any machine learning tool, model, system, algorithm, product or other technology.— Excerpt from Netflix's Netflix Account and Content Policies
REGULATORY LANDSCAPE: This clause engages copyright law and terms-of-service enforcement frameworks. The use of copyrighted content for AI training is an active area of legal and regulatory development in multiple jurisdictions, including ongoing legislative activity in the EU (EU AI Act) and litigation in the US and UK. The clause asserts contractual prohibition regardless of how applicable law ultimately treats AI training use of publicly accessible content, meaning the contractual and legal positions may not be fully aligned. GOVERNANCE EXPOSURE: Medium. The clause is a contractual restriction enforceable through account termination and potentially through intellectual property or computer fraud claims depending on jurisdiction. For organizations or developers accessing Netflix through individual subscriptions and using service data for AI-adjacent purposes, this clause creates clear contractual breach risk. The breadth of 'benchmarking or validation' may cover activities that users might not associate with AI training, such as comparative testing of recommendation algorithms. JURISDICTION FLAGS: The EU AI Act imposes transparency and compliance obligations on AI developers regarding training data; this clause interacts with those obligations. In the US, the Computer Fraud and Abuse Act may be relevant to automated access in violation of terms of service, though its application to terms-of-service violations is unsettled. Researchers in jurisdictions with copyright exceptions for text and data mining (such as the EU's Text and Data Mining exception under the Copyright in the Digital Single Market Directive) should evaluate whether contractual restrictions override statutory exceptions. CONTRACT AND VENDOR IMPLICATIONS: Organizations procuring Netflix subscriptions for any business purpose that involves data analysis, competitive benchmarking, or AI development should assess whether their intended use cases fall within the prohibited categories. The clause is broader than a standard anti-scraping provision and explicitly encompasses model training workflows. COMPLIANCE CONSIDERATIONS: Compliance teams at organizations with AI or ML development functions should review whether any internal use of Netflix-derived data or service interactions falls within the prohibited categories. The interaction between this contractual prohibition and statutory text-and-data-mining exceptions in relevant jurisdictions (particularly the EU) may require legal review.
Full compliance analysis
Regulatory citations, enforcement risk, and due diligence action items.
Free: track 1 platform + weekly digest. Watcher: 10 platforms + same-day alerts. No credit card required.
Professional Governance Intelligence
Need to monitor specific governance provisions?
Professional includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
This clause expressly extends the existing restrictions on automated access, scraping, and data extraction to cover AI and machine learning use cases, including model training, fine-tuning, benchmarking, and validation.
This restriction applies to all users and prohibits using Netflix content or service data to develop, train, or test any machine learning or AI technology, which may be relevant to researchers, developers, or businesses that access Netflix as individual subscribers.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Netflix.