OpenAI · Terms of Use (ROW) · View original document ↗

Content License for AI Model Training

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)

The clause establishes a tiered data use framework in which default-tier users' Content is incorporated into model training operations, while enterprise and API tier users receive contractual exclusion from this use case. The opt-out mechanism in account settings provides a procedural pathway for users to restrict this application.

Clause Stability Stable

0
Changes
3
Months Monitored
Apr 27, 2026
First Seen
May 11, 2026
Last Seen
This clause type exists across 261 other provisions on other platforms.

Consumer impact (what this means for users)

Users on standard ChatGPT tiers operate under terms that authorize their Content to be used for model training unless they affirmatively opt out through account settings. Users on ChatGPT Team, ChatGPT Enterprise, or API products receive contractual prohibition on model training use without separate permission.

How other platforms handle this

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...

Supabase Medium

After registration, you may create, upload or transmit files, documents, videos, images, data or information as part of your use of the Service (collectively, "User Content"). This includes any inputs you provide to our AI-powered support tools and outputs generated in response to your inputs. User ...

Hulu Medium

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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▸ View Original Clause Language DOCUMENT RECORD
"
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.

— Excerpt from OpenAI's Terms of Use (ROW)

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
Terms of Use (ROW)
Entity
OpenAI
Document last updated
March 5, 2026
Tracking information
First tracked
March 10, 2026
Last verified
May 12, 2026
Record ID
CA-P-003137
Document ID
CA-D-00007
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
3a064f11bc2cb0f491e5ad76938f2712026c1d020c9f8b50528f8c7b639a4f7f
Analysis generated
March 10, 2026 03:31 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: Terms of Use (ROW)
Record ID: 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: June 16, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does OpenAI's Content License for AI Model Training clause do?

The clause establishes a tiered data use framework in which default-tier users' Content is incorporated into model training operations, while enterprise and API tier users receive contractual exclusion from this use case. The opt-out mechanism in account settings provides a procedural pathway for users to restrict this application.

How does this clause affect you?

Users on standard ChatGPT tiers operate under terms that authorize their Content to be used for model training unless they affirmatively opt out through account settings. Users on ChatGPT Team, ChatGPT Enterprise, or API products receive contractual prohibition on model training use without separate permission.

Is ConductAtlas affiliated with OpenAI?

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