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
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.
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.
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"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
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.
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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.
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.
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