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Training Data Content License

High severity Medium confidence Explicitdocumentlanguage Unique · 0 of 325 platforms
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Document Record

What it is

When you use ChatGPT or other OpenAI services, the company can use your conversations to improve its AI models unless you turn off this option in your account settings.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision authorizes OpenAI to use the content of your interactions, including prompts and responses, as training data for AI model development, subject to an opt-out that users must actively exercise.

Interpretive note: The adequacy of the opt-out mechanism as a substitute for affirmative consent under GDPR and similar frameworks is subject to regulatory interpretation; the scope of the license relative to sensitive personal data shared in conversations is not fully specified.

Consumer impact (what this means for users)

The agreement authorizes use of user inputs and outputs for model training on a worldwide, royalty-free basis; users retain the ability to opt out through account settings, but the default position under these terms is that content may be used for training.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Log into your OpenAI account, navigate to Settings, find the Data Controls section, and disable the option to allow your content to be used for model training.

How other platforms handle this

Snowflake Medium

Customer grants Snowflake the right to host, copy, transmit, display, and otherwise use Customer Data and Customer Applications as reasonably necessary to provide the Services in accordance with this Agreement.

Egnyte Medium

As between Egnyte and Customer, Customer shall own all right, title and interest in and to the Customer Data. Customer hereby grants to Egnyte a limited, non-exclusive, royalty-free, worldwide license to use, copy, store, transmit, display and modify the Customer Data solely to the extent necessary ...

Miro Medium

By submitting, posting or displaying Content on or through the Services, you give Miro a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distr...

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▸ View Original Clause Language DOCUMENT RECORD
"
By using our Services, you grant OpenAI a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, create derivative works from, and distribute your inputs and outputs to provide, maintain, and improve our Services. You may opt out of having your content used to train our models through the settings available in your account.

— Excerpt from OpenAI's OpenAI Service Terms

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

REGULATORY LANDSCAPE: This provision implicates GDPR Articles 6 and 9 regarding lawful basis for processing personal data, including the question of whether legitimate interests or consent is the appropriate basis for training data use; under CCPA and CPRA, users may have rights to limit the use of their personal information; the FTC Act applies to representations about data use practices. The EU AI Act may impose additional transparency and data governance obligations on the use of personal data in AI training. GOVERNANCE EXPOSURE: High. The default opt-in posture for training data use creates GDPR compliance questions regarding the lawful basis for processing, particularly where conversation content includes sensitive categories of personal data. JURISDICTION FLAGS: EU/EEA users may have the right to object to processing for model training under GDPR Article 21; California residents have CPRA rights to limit use of sensitive personal information; the adequacy of the opt-out mechanism's discoverability and accessibility may be evaluated by data protection authorities. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers deploying OpenAI APIs should verify whether their data processing agreements with OpenAI restrict training data use for their organization's data, and whether downstream users' personal data is adequately protected under those agreements. COMPLIANCE CONSIDERATIONS: Organizations should audit whether the opt-out mechanism is surfaced at account creation, whether it meets GDPR consent or objection standards, and whether data processing agreements cover the training data use case for business and API customers.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has authority over consumer data practices and representations about how user data is used, including for AI training purposes.
    File a complaint →
  • State AG
    State attorneys general in California and other states with comprehensive privacy laws may have enforcement authority over the training data use practices described in this provision.
    File a complaint →

Applicable regulations

California AB 2013 AI Training Data Transparency
US-CA
DMCA
United States Federal
DSA
European Union

Provision details

Document information
Document
OpenAI Service Terms
Entity
OpenAI
Document last updated
May 11, 2026
Tracking information
First tracked
May 11, 2026
Last verified
May 11, 2026
Record ID
CA-P-010740
Document ID
CA-D-00754
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
2ef1facac401764c21817a722e9e3d61d775948ef82c79607639558eebd62709
Analysis generated
May 11, 2026 11:40 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Service Terms
Record ID: CA-P-010740
Captured: 2026-05-11 11:40:11 UTC
SHA-256: 2ef1facac401764c…
URL: https://conductatlas.com/platform/openai/openai-service-terms/training-data-content-license/
Accessed: May 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does OpenAI's Training Data Content License clause do?

This provision authorizes OpenAI to use the content of your interactions, including prompts and responses, as training data for AI model development, subject to an opt-out that users must actively exercise.

How does this clause affect you?

The agreement authorizes use of user inputs and outputs for model training on a worldwide, royalty-free basis; users retain the ability to opt out through account settings, but the default position under these terms is that content may be used for training.

Is ConductAtlas affiliated with OpenAI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.