Provision record
OpenAI · OpenAI Terms of Use · View original document ↗

Model Training Data Use (Opt-Out Default)

High severity Common · 279 of 352 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
6
Months Monitored
Apr 4, 2026
First Seen
Apr 9, 2026
Last Seen
This clause type exists across 3333 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

MyFitnessPal Medium

We use your personal information to send you newsletters and other promotional communications, including information about MyFitnessPal's new offerings, features, offers, events, webinars, and other information.

ZipRecruiter Medium

We will only use your Personal Data to provide services directly to you...and/or to provide services to you on behalf of our clients...except as otherwise described in this Privacy Policy or with your consent.

Glassdoor Medium

We may use your personal data to conduct research...we conduct and publish research about the labor market, the economy, job opportunities, jobseeker and employee behaviors...

See all platforms with this clause type →
▸ 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 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/provision/CA-P-001996/model-training-data-use-opt-out-default/
Accessed: Sept. 8, 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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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.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 279 platforms. See the full comparison.

Is ConductAtlas affiliated with OpenAI?

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