Updated 9 Nov · updated in the last 30 hours

AI Terms of Service: Benchmark and Data Clauses

We read 40 terms documents from 28 AI vendors and record, clause by clause, what they say about benchmarks, training on your data, commercial use of free tiers and automation. Not legal advice. Latest check: .

Documents and what they say

Not legal advice. "No clause found" does not mean "allowed".

VendorDocumentBenchmarks restricted?Trains on your data?Free tier: commercial use allowed?Automation banned?Checked
Alibaba CloudAlibaba Cloud Product Terms of Service (Model Studio section)No clause foundNoNo clause foundNo clause found
AnthropicAnthropic Commercial Terms of ServiceNo clause foundNoUnknownNot tracked
AnthropicAnthropic Consumer Terms of ServiceNo clause foundYesUnknownYes
AnthropicAnthropic Privacy PolicyNo clause foundYesNo clause foundNo clause found
AnthropicAnthropic Usage PolicyNo clause foundNo clause foundNo clause foundNo clause found
AssemblyAIAssemblyAI Terms of ServiceYesDepends on planNo clause foundYes
AWSAWS Service TermsYesDepends on planNo clause foundNo clause found
CohereCohere Terms of UseYesYesNo clause foundYes
DeepgramDeepgram Terms of ServiceYesYesNo clause foundYes
DeepSeekDeepSeek Privacy PolicyNo clause foundYesNo clause foundNo clause found
DeepSeekDeepSeek Terms of UseNo clause foundYesNo clause foundNo clause found
DescriptDescript Terms of ServiceNo clause foundYesNo clause foundYes
ElevenLabsElevenLabs Terms of Service (non-EEA)No clause foundYesNoNo clause found
Fireflies.aiFireflies.ai Terms of ServiceNo clause foundNoNo clause foundYes
GoogleGoogle Gemini API Additional Terms of ServiceUnknownUnknownUnknownUnknown
GoogleGoogle Gemini Apps Privacy HubNo clause foundYesNo clause foundNo clause found
GrammarlyGrammarly Terms of ServiceNo clause foundNo clause foundNo clause foundNo clause found
Happy ScribeHappy Scribe Terms and ConditionsNo clause foundNoNo clause foundNo clause found
HeyGenHeyGen Terms of ServiceNo clause foundYesNoNo clause found
JasperJasper Terms of ServiceNo clause foundYesNo clause foundYes
MetaMeta Llama 4 Acceptable Use PolicyNo clause foundNo clause foundNo clause foundNo clause found
MetaMeta Llama 4 Community License AgreementNo clause foundNo clause foundYesNo clause found
MicrosoftMicrosoft Azure OpenAI (Foundry Models) data, privacy and securityNo clause foundNoNo clause foundNo clause found
MicrosoftMicrosoft Services AgreementNo clause foundNo clause foundNo clause foundYes
MidjourneyMidjourney Terms of ServiceUnknownUnknownUnknownUnknown
Mistral AIMistral AI Commercial Terms of ServiceNo clause foundDepends on planUnknownNot tracked
Mistral AIMistral AI Terms of Service for consumers outside the EEANo clause foundYesNo clause foundNo clause found
NottaNotta Terms of ServiceNo clause foundNo clause foundNo clause foundYes
OpenAIOpenAI API data controlsNo clause foundNoNo clause foundNo clause found
OpenAIOpenAI Services AgreementUnknownUnknownUnknownUnknown
OpenAIOpenAI Terms of UseUnknownUnknownUnknownUnknown
OpenAIOpenAI Usage PoliciesUnknownUnknownUnknownUnknown
Otter.aiOtter.ai Terms of ServiceNo clause foundYesNoNo clause found
PerplexityPerplexity Terms of ServiceUnknownUnknownUnknownUnknown
RevRev Terms of ServiceNo clause foundUnknownNo clause foundYes
RunwayRunway Terms of UseNo clause foundYesYesYes
SonixSonix Terms of ServiceNo clause foundNoNo clause foundYes
SynthesiaSynthesia Customer Terms of ServiceNo clause foundNoNo clause foundNo clause found
xAIxAI Terms of Service - ConsumerNo clause foundYesNo clause foundNo clause found
xAIxAI Terms of Service - EnterpriseNo clause foundNoNo clause foundNo clause found
How to read this table

“Yes” and “No” are our reading of an exact quoted clause, shown on each document's page with the date we read it and a link to the document. “No clause found” means our reader found no clause on that point in the tracked text; it does not mean the use is allowed. “Unknown” means the document was not recorded at our latest check. Quotes are limited to 200 characters; the source document is authoritative.

For free tiers, “Yes” means the terms allow commercial use; for the other columns “Yes” means the restriction or practice applies.

Not legal advice. "No clause found" does not mean "allowed".

What changed this week

6 value changes across 40 documents checked in the 7 days to 9 Nov 2026.

Measured Lab AI Terms Watch

11.8%

Share of tracked AI terms documents in which a clause restricting benchmarks or competitive analysis was found on the date; N is the number of documents measured. Based on 34 · . Methodology

Who is in this figure (34)

Measured Lab AI Terms Watch — training on customer data by default

62.5%

Based on 24 · 9 Nov 2026.

More on AI: Subscription limits · Model prices · What's new

Change feed

Every confirmed change of a tracked answer, as before → after with the dates and the quoted clause: Changelog.

How to cite this

Measured Lab, “Measured Lab AI Terms Watch”, 11.8%, based on 34 documents, as of 9 Nov 2026; methodology; licence CC BY 4.0.

Measured Lab, “Measured Lab AI Terms Watch — training on customer data by default”, 62.5%, based on 24 documents, as of 9 Nov 2026; methodology; licence CC BY 4.0.

How to use this data

Benchmarking restrictions: providers whose terms restrict independent comparisons

Methodology

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