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 your ChatGPT account, click on your profile icon, go to Settings, select Data Controls, and toggle off 'Improve the model for everyone' to stop your conversations from being used for AI training.", 'deadline_days': None, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has authority under Section 5 of the FTC Act to challenge unfair or deceptive data collection and use practices, including undisclosed use of consumer content for AI training.', 'complaint_url': 'https://reportfraud.ftc.gov/'}

What is the severity of this clause?

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

Content License for AI Model Training — OpenAI

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What it is

OpenAI can use what you type into ChatGPT to train and improve its AI models, unless you go into your account settings and turn off this feature.

Consumer impact (what this means for users)

By default, your ChatGPT conversations may be fed into OpenAI's model training pipeline, meaning sensitive information you share — health questions, legal issues, financial details — could inform future AI outputs seen by others.

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 your ChatGPT account, click on your profile icon, go to Settings, select Data Controls, and toggle off 'Improve the model for everyone' to stop your conversations from being used for AI training.

Cross-platform context

See how other platforms handle Content License for AI Model Training and similar clauses.

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Why it matters (compliance & risk perspective)

Your conversations with ChatGPT — which may include sensitive personal, professional, or confidential information — can be used to train OpenAI's AI systems unless you actively opt out, and most users are unaware this is the default.

View original clause language

To the extent permitted by applicable law, OpenAI uses Content to provide, maintain, develop, and improve our Services and to advance our mission of developing AI for the long-term benefit of humanity. We do not use Content from ChatGPT Team, ChatGPT Enterprise, or our API to train our models without permission. If you do not want your Content to be used to train our models, you can opt out in your account settings.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: This provision directly implicates GDPR Art. 6(1) (lawful basis for processing — likely legitimate interests or consent), Art. 9 (special category data that users may inadvertently include in prompts), Art. 13/14 (transparency obligations), and Art. 22 (automated processing); CCPA §1798.100 (right to know what personal information is collected and how it is used); FTC Act Section 5 (unfair data practices); and the EU AI Act Articles 53 and 55 (transparency and data governance obligations for general-purpose AI model providers). Primary enforcement authorities: Irish Data Protection Commission (GDPR lead SA for OpenAI), California Privacy Protection Agency (CCPA), FTC. (2)

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Applicable agencies

FTC

The FTC has authority under Section 5 of the FTC Act to challenge unfair or deceptive data collection and use practices, including undisclosed use of consumer content for AI training.
File a complaint →

Provision details

Document information

Document

Entity

OpenAI

Document last updated

March 5, 2026

Tracking information

First tracked

March 10, 2026

Last verified

April 27, 2026

Record ID

CA-P-003137

Document ID

CA-D-00007

Evidence Provenance

Source URL

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

Wayback Machine

View archived versions →

SHA-256

3a064f11bc2cb0f491e5ad76938f2712026c1d020c9f8b50528f8c7b639a4f7f

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: OpenAI | Document: Terms of Use (ROW) | Record: CA-P-003137
Captured: 2026-03-10 03:31:52 UTC | SHA-256: 3a064f11bc2cb0f4…
URL: https://conductatlas.com/platform/openai/terms-of-use-row/content-license-for-ai-model-training/
Accessed: April 29, 2026

Classification

Severity

High

Content License for AI Model Training