OpenAI · OpenAI Terms of Use · View original document ↗

Model Training Data Use

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)

This provision establishes differentiated data practices across user tiers, requiring explicit opt-in consent for certain user categories before their content enters model training workflows, while establishing an opt-out mechanism for free users. The clause creates distinct operational pathways for content use depending on account type and user election.

Clause Stability Stable

0
Changes
3
Months Monitored
Apr 27, 2026
First Seen
Apr 27, 2026
Last Seen
This clause type exists across 261 other provisions on other platforms.

Consumer impact (what this means for users)

Free ChatGPT users operate under terms that permit model training use by default, but allow them to disable this through settings modifications. API users and paid non-API users operate under terms that exclude their content from model training unless they affirmatively elect inclusion through opt-in procedures.

How other platforms handle this

DeepL Medium

To improve the quality of our services, we analyse texts submitted for translation. We ensure that this analysis cannot be traced back to individual users by anonymising the data before analysis. DeepL Pro subscribers' texts are not used to train our machine translation systems.

Windsurf Medium

We may use your Autocomplete User Content to improve our discriminative machine learning models, which are models that rank or assign scores to code generations in order to understand the boundaries between different sets of code. We will never use your Autocomplete User Content to improve generativ...

Roblox Medium

We are simplifying our Terms of Use, including clarifications around the use of AI tools, and their data use. We have moved the terms that describe AI Features, which were previously written for a Creator audience and located under the AI-Based Tools Supplemental Terms and Disclaimer, into the User ...

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▸ View Original Clause Language DOCUMENT RECORD
"
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.

— Excerpt from OpenAI's OpenAI Terms of Use

Applicable regulations

EU AI Act
European Union
California AB 2013 AI Training Data Transparency
US-CA
Colorado AI Act
US-CO
EU AI Act - High Risk Provisions
EU
GDPR
European Union
Texas AI Act
Texas, USA
Trump Executive Order on AI Policy Framework
US
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-003149
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-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: June 18, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

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Built from archived source documents, structured governance mappings, and historical version tracking.

Frequently Asked Questions

What does OpenAI's Model Training Data Use clause do?

This provision establishes differentiated data practices across user tiers, requiring explicit opt-in consent for certain user categories before their content enters model training workflows, while establishing an opt-out mechanism for free users. The clause creates distinct operational pathways for content use depending on account type and user election.

How does this clause affect you?

Free ChatGPT users operate under terms that permit model training use by default, but allow them to disable this through settings modifications. API users and paid non-API users operate under terms that exclude their content from model training unless they affirmatively elect inclusion through opt-in procedures.

Is ConductAtlas affiliated with OpenAI?

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