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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: .

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

How to cite this

Caliper Press, “AI Terms Watch”, 14.3%, based on 35 documents, as of Oct 18, 2026; methodology; licence CC BY 4.0.

Caliper Press, “AI Terms Watch — training on customer data by default”, 65.2%, based on 23 documents, as of Oct 18, 2026; methodology; licence CC BY 4.0.

How to use this data · October 2026 report

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 ServiceNo clause foundDepends on planNo clause foundNo clause found
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 ServiceYesYesNoYes
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 foundNo first reading; counted in model picks after a second dateNo 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 foundNo clause foundNo 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".

Methodology

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What changed this week

No changes in the 7 days to Oct 18, 2026; 40 documents checked.

Caliper Press AI Terms Watch

14.3%

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 35 · . Methodology

Who is in this figure (35)

Caliper Press AI Terms Watch — training on customer data by default

65.2%

based on 23 · Oct 18, 2026.