Section 4.2 establishes that OpenAI's default position under this business agreement is to not use Customer Content, including inputs and outputs, to train or improve its models, unless Customer explicitly provides separate consent to such use.
This analysis describes what OpenAI'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 an opt-in structure for model training use of Customer Content, meaning OpenAI may not use business customer data for training purposes under the baseline agreement terms without affirmative Customer consent.
The agreement establishes that Customer Content will not be used by OpenAI for model development or improvement by default. Any such use requires Customer's explicit agreement, creating an affirmative consent requirement rather than an opt-out mechanism.
Cross-platform context
See how other platforms handle No Use of Customer Content for Training and similar clauses.
Compare across platforms →"OpenAI will only use Customer Content as necessary to provide Customer with the Services, comply with applicable law, enforce the OpenAI Policies, and prevent abuse. OpenAI will not use Customer Content to develop or improve the Services, unless Customer explicitly agrees to such use.Excerpt from OpenAI's Business Terms
1.
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 an opt-in structure for model training use of Customer Content, meaning OpenAI may not use business customer data for training purposes under the baseline agreement terms without affirmative Customer consent.
The agreement establishes that Customer Content will not be used by OpenAI for model development or improvement by default. Any such use requires Customer's explicit agreement, creating an affirmative consent requirement rather than an opt-out mechanism.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.