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
The clause establishes content use for model training as the operational default, creating a mechanism whereby user interactions contribute to model development unless affirmatively disabled. This structure allocates the burden of opting out to users rather than requiring affirmative consent to training use.
Users operate under terms that permit their conversation content to be incorporated into model training activities by default. The provision establishes that users must take specific steps within settings or submit a form to prevent this use; failure to take these steps results in content being used for training purposes as written in the terms.
How other platforms handle this
We may use the information we collect, including the content of your searches and interactions with our AI, to train, fine-tune, and improve our models and services.
We may use Materials to provide, maintain, and improve the Services and to develop other products and services, including training our models, unless you opt out of training through your account settings. Even if you opt out, we will use Materials for model training when: (1) you provide Feedback to...
engage in any of the foregoing in connection with any use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any artificial intelligence or machine learning tool, model, system, algorithm, product or other technology ("AI Tool").
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"We may use Content you provide us to train our models. For ChatGPT and other consumer services, you can turn off training in your settings (Settings > Data Controls > Improve the model for everyone) or by submitting this form. Operators can also turn off training via the API.— Excerpt from OpenAI's Privacy Policy (ROW)
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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The clause establishes content use for model training as the operational default, creating a mechanism whereby user interactions contribute to model development unless affirmatively disabled. This structure allocates the burden of opting out to users rather than requiring affirmative consent to training use.
Users operate under terms that permit their conversation content to be incorporated into model training activities by default. The provision establishes that users must take specific steps within settings or submit a form to prevent this use; failure to take these steps results in content being used for training purposes as written in the terms.
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