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The agreement authorizes Vercel to use content submitted by Hobby plan and trial Pro plan users to train AI and machine learning models, and to share that content with unidentified third parties for AI development purposes. Paid Pro plan users are not subject to model training by default and must affirmatively opt in; Enterprise plan users are excluded.
This analysis describes what Vercel'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 a default data use authorization for Hobby and trial Pro plan users that permits sharing of user-submitted content with third parties for AI model development. The identities and data handling practices of those third parties are not specified in the agreement, and the scope of content eligible for sharing is defined broadly as all content submitted in connection with the services.
The updated terms establish that users are legally responsible for configuring autonomous AI features and third-party tools, must monitor their settings and output, and are bound by the autonomous actions those tools take on their behalf. Users also bear the cost of any services those third-party tools consume through the Vercel platform. The terms state that Vercel is not responsible for loss, damage, or liability arising from AI or third-party tool actions. You can manage this responsibility by carefully configuring settings, permissions, and safeguards before enabling AI features or third-party integrations, and by establishing human review processes for AI-generated output.
View change record →Under this clause, users on the Hobby or trial Pro plan authorize Vercel to share their submitted content with third parties for AI training purposes unless they change their account settings or upgrade their plan. You can opt out of model training at any time by adjusting Team account settings or by upgrading to an Enterprise plan.
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"In addition, if you are on a Hobby plan or trial Pro plan, you agree that we may use Your Content to train our artificial intelligence ("AI") and machine learning models, and we may share Your Content with third parties for the purpose of developing and improving their products, including training and improving their AI and machine learning models (collectively, "Model Training"). If you are on a paid Pro plan, Model Training is not enabled by default and you may opt in to Model Training. You may opt-out of Model Training at any time by adjusting your Team account settings or by upgrading to an Enterprise plan.Excerpt from Vercel's Terms of Service
(1) REGULATORY LANDSCAPE: This provision implicates GDPR Articles 5, 6, and 13 regarding purpose limitation, lawful basis for processing, and transparency obligations for EEA users whose content may be shared with third parties outside the EEA. The FTC's guidelines on data use and AI training practices are relevant for US-based users, particularly where the third parties receiving content are not identified. Emerging EU AI Act obligations regarding training data governance may also apply depending on how third-party recipients use the shared content. (2) GOVERNANCE EXPOSURE: High. The authorization to share user content with unspecified third parties for AI training purposes, applicable by default to all Hobby and trial Pro plan users, creates material data governance exposure. Organizations that inadvertently use Hobby plan accounts for business workloads may expose proprietary or sensitive content to third-party AI training pipelines without specific notice of the recipients. (3) JURISDICTION FLAGS: EEA users face heightened exposure under GDPR, as sharing content with unidentified third parties for AI training may require a documented lawful basis and data transfer mechanism if recipients are outside the EEA. California residents may have rights under the CCPA to know about third-party data sharing and to limit certain uses, depending on whether the content qualifies as personal information under that framework. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams evaluating Vercel for organizational deployments should confirm the plan tier in use and whether any organizational content may be submitted through Hobby plan accounts. The agreement does not identify third parties who may receive content, which limits the ability to conduct vendor risk assessments on downstream AI training partners. B2B contracts incorporating Vercel services should address the plan tier and model training opt-in or opt-out status explicitly. (5) COMPLIANCE CONSIDERATIONS: Legal and compliance teams should audit internal Vercel account tiers to identify any Hobby or trial Pro plan accounts used for organizational workloads and either upgrade those accounts or confirm opt-out of model training has been completed. Data mapping exercises should account for the possibility that content submitted through Hobby accounts may have been shared with third parties prior to any opt-out action. Organizations subject to data minimization or purpose limitation obligations under GDPR or sector-specific frameworks should assess whether this provision is compatible with their processing purposes.
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This provision establishes a default data use authorization for Hobby and trial Pro plan users that permits sharing of user-submitted content with third parties for AI model development. The identities and data handling practices of those third parties are not specified in the agreement, and the scope of content eligible for sharing is defined broadly as all content submitted in …
Under this clause, users on the Hobby or trial Pro plan authorize Vercel to share their submitted content with third parties for AI training purposes unless they change their account settings or upgrade their plan. You can opt out of model training at any time by adjusting Team account settings or by upgrading to an Enterprise plan.
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