When you upload data to the W&B platform, you give W&B permission to use that data to run and improve its services, not just to process it on your behalf.
This analysis describes what Weights & Biases'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 license includes a right to use Customer Data to improve the services, which may mean W&B can derive insights or enhancements from your organization's ML training data, model outputs, or experiment logs beyond simply storing and retrieving them.
Interpretive note: The practical scope of 'improve the Services' is not defined in the clause and may depend on operational practices described in the Privacy Policy or DPA, creating interpretive uncertainty about how broadly this license applies to Customer Data.
Subscribing organizations grant W&B a broad operational license over Customer Data, including for service improvement purposes; organizations with sensitive proprietary ML data should assess whether this scope is acceptable and how it interacts with confidentiality obligations.
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"Customer hereby grants to W&B a non-exclusive, worldwide, royalty-free license to use, process, store, transmit, and display Customer Data solely as necessary to provide, maintain, and improve the Services and as otherwise set forth in this Agreement and the Privacy Policy.— Excerpt from Weights & Biases's Weights & Biases Terms of Service
REGULATORY LANDSCAPE: This license provision implicates GDPR Articles 5, 6, and 28 where Customer Data includes personal data of EU residents, as any use of personal data beyond the original processing purpose requires a legal basis. CCPA is relevant for California consumer personal information. The scope of the license (including service improvement) may require evaluation under applicable data protection law to confirm it is consistent with the purposes disclosed to data subjects. The FTC Act applies to the extent that data use practices diverge from representations made to users. GOVERNANCE EXPOSURE: Medium. The phrase 'solely as necessary to provide, maintain, and improve the Services' attempts to bound the license, but 'improve the Services' is a broad category that may encompass model training, feature development, or benchmarking using Customer Data. Organizations should assess whether their own data governance policies and customer-facing privacy notices permit this downstream use. JURISDICTION FLAGS: EU and UK customers face heightened exposure: GDPR requires a documented legal basis for each processing purpose, and 'service improvement' as a basis for processing personal data requires careful analysis. California customers should assess whether CCPA's restrictions on secondary use of personal information are satisfied. Organizations in regulated industries (financial services, healthcare) may face additional constraints on data licensing to third-party SaaS providers. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should request clarification on what 'improve the Services' encompasses operationally. Key questions include whether W&B uses aggregate or anonymized Customer Data for model training, whether Customer Data is commingled with other customers' data for improvement purposes, and whether there is a mechanism to opt out of improvement-related uses. These questions are relevant both for the MSA negotiation and for the DPA review. COMPLIANCE CONSIDERATIONS: Legal teams should (a) map what Customer Data is uploaded and assess whether it includes personal data, trade secrets, or proprietary model artifacts; (b) confirm whether the DPA restricts the 'improve the Services' use to anonymized or aggregated data only; (c) assess whether the Customer's own privacy notices and data subject agreements permit this downstream processing; and (d) consider requesting a contractual carve-out prohibiting use of Customer Data for any purpose other than delivery of the specific services purchased.
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The license includes a right to use Customer Data to improve the services, which may mean W&B can derive insights or enhancements from your organization's ML training data, model outputs, or experiment logs beyond simply storing and retrieving them.
Subscribing organizations grant W&B a broad operational license over Customer Data, including for service improvement purposes; organizations with sensitive proprietary ML data should assess whether this scope is acceptable and how it interacts with confidentiality obligations.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Weights & Biases.