OpenAI · OpenAI Terms of Use · View original document ↗

Model Training Data Use (Opt-Out Default)

High severity Unique · 0 of 343 platforms
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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)

The provision establishes a default authorization for content reuse unless the user takes affirmative action to opt out, which affects how user-submitted materials are incorporated into service development workflows.

Clause Stability Stable

0
Changes
3
Months Monitored
Apr 4, 2026
First Seen
Apr 9, 2026
Last Seen
This clause type exists across 381 other provisions on other platforms.

Consumer impact (what this means for users)

Under this clause, Content is subject to use in model development and improvement by default. Users must actively opt out through designated procedures if they do not consent to this use; absent such action, the terms apply as written.

How other platforms handle this

LinkedIn Medium

We target (and measure the performance of) ads to Members, Visitors and others both on and off our Services directly or through a variety of partners, using the following data, whether separately or combined: Data from advertising technologies on and off our Services, like web beacons, pixels, ad ta...

Microsoft Azure Medium

Microsoft uses data we collect to provide you with rich, interactive experiences. In particular, we may use data to show you advertising or serve Microsoft-selected content within Microsoft products and services. Microsoft does not use what you say in email, chat, video calls, or voice mail to targe...

HubSpot Medium

We may use the information we collect to help us improve our products and services, to develop new features, and to perform analytics. We may also use your information to personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested...

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▸ View Original Clause Language DOCUMENT RECORD
"
We may use Content to develop and improve our Services... You can opt out of having your Content used to improve model performance by following the instructions in our Help Center article.

— Excerpt from OpenAI's OpenAI Terms of Use

Applicable regulations

EU AI Act
European Union
BIPA
Illinois, USA
CCPA/CPRA
California, USA
Colorado AI Act
US-CO
CAN-SPAM
United States Federal
ePrivacy Directive
European Union
EU AI Act - High Risk Provisions
EU
FTC Act Section 5
United States Federal
GDPR
European Union
UK GDPR
United Kingdom

Provision details

Document information
Document
OpenAI Terms of Use
Entity
OpenAI
Document last updated
May 5, 2026
Tracking information
First tracked
March 10, 2026
Last verified
May 12, 2026
Record ID
CA-P-001996
Document ID
CA-D-00009
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
6ae7df627f8ff0f0434212dde1986e4d1bfced272b18d29c3cea01e80cf3dbb0
Analysis generated
March 10, 2026 03:23 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Terms of Use
Record ID: CA-P-001996
Captured: 2026-03-10 03:23:22 UTC
SHA-256: 6ae7df627f8ff0f0…
URL: https://conductatlas.com/platform/openai/openai-terms-of-use/model-training-data-use-opt-out-default/
Accessed: July 4, 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 Model Training Data Use (Opt-Out Default) clause do?

The provision establishes a default authorization for content reuse unless the user takes affirmative action to opt out, which affects how user-submitted materials are incorporated into service development workflows.

How does this clause affect you?

Under this clause, Content is subject to use in model development and improvement by default. Users must actively opt out through designated procedures if they do not consent to this use; absent such action, the terms apply as written.

Is ConductAtlas affiliated with OpenAI?

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