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 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.
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
We generate new information from other data we collect to derive likely preferences or other characteristics. For instance, we infer your general geographic location based on your IP address.
Microsoft also emphasizes the importance of validating AI models responsibly to enhance fairness and alignment with reality.
To achieve these processing purposes, we use algorithms to recognize patterns in Service Data, manual review of Service Data (such as when you interact directly with our billing or support teams)...
"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 Terms of Use
How Meta, TikTok, and Supabase restructured governance language across documents, jurisdictions, and consent frameworks through incremental document updates.
How 10 AI platforms describe the use of user data for model training, improvement, and development, based on archived governance provisions.
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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.
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.
ConductAtlas has identified this type of provision across 217 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.