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
The clause establishes that fine-tuned models carry a hard exclusivity guarantee, preventing customer data from benefiting competing customers or OpenAI's broader model training.
The updated terms state that workspace admins 'can control' data retention rather than directly controlling it. This conditional phrasing may suggest that retention control is optional or contingent rather than a guaranteed capability. Enterprise customers relying on admin-driven data retention policies should clarify with OpenAI whether this change affects their ability to set specific retention timelines for workspace data.
View change record →The updated terms shift governance of conversation access and retention from end users to workspace administrators. Under the revised policy, workspace admins can now view, access, export, and delete any end user conversations within their workspace and control how long workspace data is retained. Additionally, OpenAI now reserves the right to retain deleted or unsaved conversations beyond the standard 30-day deletion window if retention is reasonably necessary to protect its services or any third party from harm, beyond prior language that limited retention extensions to legal requirements. Within an enterprise account, end users no longer have unilateral control over conversation visibility or deletion of their own conversations.
View change record →Your fine-tuned models remain exclusively yours and cannot be accessed by other customers or incorporated into OpenAI's model training.
How other platforms handle this
You grant Twilio the right to use and display your name, logo, and a description of your use case(s) on Twilio's website, in earnings releases and calls, and in marketing and promotional materials, subject to your standard trademark usage guidelines...
Mixpanel shall grant to Customer a worldwide, non-exclusive, non-transferable, non-sub-licensable license to use the Mixpanel Materials for Customer's internal business purposes during the Subscription Term.
Wise grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or make personal use of the Wise Materials and Services.
"Your fine-tuned models are for your use alone and never served to or shared with other customers or used to train other models.Excerpt from OpenAI's Enterprise Privacy
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.
The clause establishes that fine-tuned models carry a hard exclusivity guarantee, preventing customer data from benefiting competing customers or OpenAI's broader model training.
Your fine-tuned models remain exclusively yours and cannot be accessed by other customers or incorporated into OpenAI's model training.
ConductAtlas has identified this type of provision across 257 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.