When you send messages or upload content to Poe, you give Poe a broad license to use that content in many ways, including sharing it with other companies and potentially using it to train or improve AI models.
This analysis describes what Poe'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 agreement states that submitted content may be provided to other companies and organizations, which may include the third-party AI model providers integrated into the Poe platform; users should be aware that conversations are not necessarily private to Poe alone.
Interpretive note: The precise scope of 'other companies, organizations or individuals' to whom content may be provided is not enumerated in the terms, creating ambiguity about which third-party AI providers receive submitted content and under what conditions.
The terms authorize Poe to use content you submit including messages and uploaded files for purposes such as service improvement and syndication to third parties, which may include AI model providers; users who submit sensitive or proprietary information should be aware of this license scope.
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"By submitting, posting, or displaying content on or through Poe, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods. You agree that this license includes the right for Poe to provide, promote, and improve the Services and to make content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such content on other services.— Excerpt from Poe's Poe Terms of Service
(1) REGULATORY LANDSCAPE: This provision may require evaluation under GDPR Article 6 (lawful basis for processing) and Article 9 (special categories of data) for EU users, as the breadth of the license may not be adequately supported by consent alone if the processing scope is not clearly disclosed at the point of data collection. The FTC Act's unfair or deceptive acts or practices framework is also relevant, as the FTC has scrutinized broad data use clauses in consumer AI products. (2) GOVERNANCE EXPOSURE: High. The sublicensable, worldwide, royalty-free license covering reproduction, modification, distribution, and syndication to third parties creates significant exposure for enterprise users who may inadvertently submit confidential business information, legally privileged communications, or trade secrets through the platform. The provision does not clearly delineate what content is retained, for how long, or under what conditions it is shared with specific third-party model providers. (3) JURISDICTION FLAGS: EU and UK users face heightened exposure under GDPR and UK GDPR, where a broad sublicensable content license used for AI training may require a specific, documented lawful basis beyond general terms acceptance. California residents may have CCPA rights to know what personal information is shared and with whom. Illinois users should assess whether any biometric data could be implicated. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should treat Poe as a potential data processor or data controller depending on jurisdiction and assess whether a Data Processing Agreement (DPA) is available. The sublicense right means submitted content could flow to downstream AI vendors without explicit enumeration; this may conflict with internal data handling policies or contractual confidentiality obligations with clients. (5) COMPLIANCE CONSIDERATIONS: Legal teams should audit what categories of data employees submit through Poe, assess whether the content license is compatible with applicable data retention and confidentiality obligations, and determine whether a DPA is required. Organizations in regulated industries (financial services, healthcare, legal) should implement acceptable use policies restricting submission of regulated data to the platform.
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The agreement states that submitted content may be provided to other companies and organizations, which may include the third-party AI model providers integrated into the Poe platform; users should be aware that conversations are not necessarily private to Poe alone.
The terms authorize Poe to use content you submit including messages and uploaded files for purposes such as service improvement and syndication to third parties, which may include AI model providers; users who submit sensitive or proprietary information should be aware of this license scope.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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