What can I do about this clause?

{'method': 'IN_APP', 'recipient': "ChatGPT Settings > Data Controls > 'Improve the model for everyone'", 'difficulty': 'EASY', 'action_type': 'OPT_OUT_ARBITRATION', 'instructions': "Log into ChatGPT, click your profile icon, go to Settings, select Data Controls, and toggle off 'Improve the model for everyone' to opt out of model training.", 'deadline_days': None, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has jurisdiction over unfair or deceptive data practices under FTC Act Section 5, including misrepresentations about how AI companies use consumer data for model training.', 'complaint_url': 'https://reportfraud.ftc.gov/'}

What is the severity of this clause?

ConductAtlas classifies this Model Training Data Use clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Model Training Data Use — OpenAI

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What it is

OpenAI uses what you type into ChatGPT to train and improve its AI models, unless you opt out. Free users are opted in by default; paid and API users are opted out by default.

Consumer impact (what this means for users)

Free ChatGPT users' conversation data is used for AI model training by default, meaning prompts, uploaded documents, and outputs may influence future AI behavior. Users must actively opt out to prevent this.

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 ChatGPT, click your profile icon, go to Settings, select Data Controls, and toggle off 'Improve the model for everyone' to opt out of model training.

Cross-platform context

See how other platforms handle Model Training Data Use and similar clauses.

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Why it matters (compliance & risk perspective)

This provision determines whether your personal conversations, questions, and uploaded files become part of the data used to train future versions of ChatGPT and other OpenAI models.

View original clause language

We use your content to provide, maintain, and improve our Services and to develop new programs and services. We will not use content from ChatGPT's memory feature or from API users (unless they opt in) or from paid non-API users (unless they opt in) to train our models. If you are a free user of ChatGPT, you can opt out of model training in your settings.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: This provision implicates GDPR Article 6(1) (lawful basis — consent or legitimate interests), Article 5(1)(b) (purpose limitation), and Article 13 (transparency at point of collection) for EU/EEA users. CCPA §1798.100 and §1798.140(ad) are engaged if model training constitutes 'sharing' of personal information for cross-context behavioral advertising or sale. FTC Act Section 5 applies to representations about how user data is used. The EU AI Act (Regulation 2024/1689) Articles 10 and 53 impose data governance requirements on general-purpose AI model training data.

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Applicable agencies

FTC

The FTC has jurisdiction over unfair or deceptive data practices under FTC Act Section 5, including misrepresentations about how AI companies use consumer data for model training.
File a complaint →

Provision details

Document information

Document

OpenAI Terms of Use

Entity

OpenAI

Document last updated

March 24, 2026

Tracking information

First tracked

March 10, 2026

Last verified

April 27, 2026

Record ID

CA-P-003149

Document ID

CA-D-00009

Evidence Provenance

Source URL

https://openai.com/policies/terms-of-use

Wayback Machine

View archived versions →

SHA-256

6ae7df627f8ff0f0434212dde1986e4d1bfced272b18d29c3cea01e80cf3dbb0

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: OpenAI | Document: OpenAI Terms of Use | Record: CA-P-003149
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/
Accessed: April 29, 2026

Classification

Severity

High

Model Training Data Use