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SIDE-BY-SIDE · 2 OF 3
Two platforms.
Same questions.
AI21 Labs
DEVELOPER / CODING
PROMPT
API customers own all prompts and inputs submitted to AI21 Labs models. AI21 Labs processes inputs to generate text outputs.
OUTPUT
API customers own the outputs generated by AI21 models. AI21 Labs does not assert IP over API outputs.
TRAINING
The AI21 Labs Website ToS grants AI21 a 'worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable (through multiple tiers), and transferable right and license' to use 'Your Content' for AI21's business. However, the Privacy Policy explicitly states: 'not use data obtained from these APIs to develop, improve, or train any machine learning or AI models beyond the user's own personalized experience.' This API-specific no-training commitment materially limits the broad website ToS license for API customers. The website ToS covers non-commercial personal use of the website; enterprise API governed by separate agreements.
COMMERCIAL
Commercial use is fully permitted for API customers. AI21's Jurassic models and Wordtune are used commercially.
128 verified findings across the displayed surfaces.
OpenAI API
DEVELOPER / CODING
PROMPT
API customers retain ownership of their inputs per OpenAI API Terms of Service.
OUTPUT
OpenAI assigns all its rights in outputs to API customers.
TRAINING
OpenAI Service Terms (January 9, 2026) apply to API and enterprise products. The Privacy Policy (May 18, 2026) explicitly states: 'This Privacy Policy does not apply to content that we process on behalf of customers of our business offerings, such as our API.' API customer data is governed by the customer's agreement with OpenAI. For ChatGPT (consumer), training opt-out is available via account settings or Temporary Chat.
COMMERCIAL
Commercial use of outputs is explicitly permitted for API customers.
182 verified findings across the displayed surfaces.
Empty Comparison Slot
AIRIN SUMMARY
AI21 Labs carries highly permissive license terms; OpenAI API carries highly permissive license terms.FOR ENTERPRISE: AI21 LABS NOT RECOMMENDED · OPENAI API NOT RECOMMENDED
↳ Compliance surfaces · side by side
⚡ INTERACTIVE RISK COMPARISON HEATMAP
| RISK SURFACE | AI21 LABS | OPENAI API |
|---|---|---|
| PPrompt Ownership | ||
| OOutput Ownership | ||
| TModel Training | ||
| CCommercial Use | ||
| DData Privacy | ||
| $Tier Differences |
* Click any cell in the heatmap matrix to scroll directly to its verbatim policy citations below.
📂 Intellectual Property & Model Training
P
SURFACE 01
Prompt Ownership
AI21 Labs
MEDHIGH
API customers own all prompts and inputs submitted to AI21 Labs models. AI21 Labs processes inputs to generate text outputs.
“ 8.1. Ownership of AI21 Technology . Notwithstanding anything in this Agreement to the contrary, AI21 (and/or its licensors and suppliers, as applicable) is, and shall be, the sole and exclusive owner of all right, title and interest (including without limitation all Intellectual…”
OpenAI API
MED⚠ CAUTIONHIGH
API customers retain ownership of their inputs per OpenAI API Terms of Service.
“ We and our affiliates own all rights, title, and interest in and to the Services. You may only use our name and logo in accordance with our Brand Guidelines . ”
O
SURFACE 02
Output Ownership
AI21 Labs
MEDHIGH
API customers own the outputs generated by AI21 models. AI21 Labs does not assert IP over API outputs.
“ 4.12. Documentation . Customer shall use the AI21 Solutions and the Output in accordance with the Documentation. For such purposes, the Documentation is hereby incorporated by reference into this Agreement.”
OpenAI API
MEDHIGH
OpenAI assigns all its rights in outputs to API customers.
“ YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. ”
T
SURFACE 03
Model Training
AI21 Labs
MEDHIGH
The AI21 Labs Website ToS grants AI21 a 'worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable (through multiple tiers), and transferable right and license' to use 'Your Content' for AI21's business. However, the Privacy Policy explicitly states: 'not use data obtained from these APIs to develop, improve, or train any machine learning or AI models beyond the user's own personalized experience.' This API-specific no-training commitment materially limits the broad website ToS license for API customers. The website ToS covers non-commercial personal use of the website; enterprise API governed by separate agreements.
“ 7.8. License to Customer Content and Output . Customer hereby grants to AI21 and its Affiliates a worldwide, non-exclusive, royalty-free, paid-up, sublicensable (to AI21’s data subprocessors, Hosting Providers, as well as to third party service providers engaged by AI21 in…”
OpenAI API
MED⚠ CAUTIONHIGH
OpenAI Service Terms (January 9, 2026) apply to API and enterprise products. The Privacy Policy (May 18, 2026) explicitly states: 'This Privacy Policy does not apply to content that we process on behalf of customers of our business offerings, such as our API.' API customer data is governed by the customer's agreement with OpenAI. For ChatGPT (consumer), training opt-out is available via account settings or Temporary Chat.
“Improve and develop our Services and conduct research, including using your Content to train our models (subject to your [control”
User content (including prompts and uploads) is used to train models by default; opt-out is available but must be actively exercised. The parenthetical 'subject to your control' links to external controls documentation, meaning users who do not proactively manage settings may have their content used for training.
C
SURFACE 04
Commercial Use
AI21 Labs
MED⚠ CAUTIONHIGH
Commercial use is fully permitted for API customers. AI21's Jurassic models and Wordtune are used commercially.
“ remove, alter, or conceal any copyright, trademark, or other proprietary rights notices displayed on or in any AI21 Technology; ”
OpenAI API
MED⚠ CAUTIONHIGH
Commercial use of outputs is explicitly permitted for API customers.
“ Parents or guardians of teen users for account linking purposes described above Other users and third parties you interact or share information with”
📂 Data Privacy & Governance
D
SURFACE 05
Data Privacy
AI21 Labs
MED⚠ CAUTIONHIGH
Website/consumer: perpetual irrevocable license; personal non-commercial use only. API customers: explicit no-training commitment — data not used to train AI/ML models beyond user's own personalized experience. Enterprise API governed by separate agreement with DPA.
“ Downloading, exfiltrating, copying, or otherwise retaining AI21 Labs data or AI21 Labs client data that does not belong to you;”
OpenAI API
MED⚠ CAUTIONHIGH
API/Enterprise: data governed by customer agreements; no training use by default. ChatGPT Free/Go: may include targeted advertising and model training by default (opt-out available). Healthcare Addendum available for HIPAA-covered use cases.
“ Our Services are not directed to, or intended for, children under 13. We do not knowingly collect Personal Data from children under 13. If you have reason to believe that a child under 13 has provided Personal Data to OpenAI through the Services, please email us at privacy@open…”
$
SURFACE 06
Tier Differences
AI21 Labs
MED⚠ CAUTIONHIGH
Website/consumer: perpetual irrevocable license; personal non-commercial use only. API customers: explicit no-training commitment — data not used to train AI/ML models beyond user's own personalized experience. Enterprise API governed by separate agreement with DPA.
“ 4.5. Subscription Scope . For the avoidance of doubt: (a) the Subscription is subject to the applicable Subscription Scope, and Customer shall not use any technical or other means within, or external to, the AI21 Solution to exceed or circumvent the Subscription Scope, and (b) t…”
OpenAI API
MEDHIGH
API/Enterprise: data governed by customer agreements; no training use by default. ChatGPT Free/Go: may include targeted advertising and model training by default (opt-out available). Healthcare Addendum available for HIPAA-covered use cases.
“ Service credits. You can pay for some Services in advance by purchasing service credits. All service credits are subject to our Service Credit Terms . ”