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SIDE-BY-SIDE · 2 OF 3
Two platforms.
Same questions.
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.
Superhuman AI
WORKFLOW & AUTOMATION
PROMPT
Under review.
OUTPUT
Under review.
TRAINING
Under review.
COMMERCIAL
Under review.
199 verified findings across the displayed surfaces.
Empty Comparison Slot
AIRIN SUMMARY
OpenAI API carries highly permissive license terms; Superhuman AI carries highly permissive license terms.FOR ENTERPRISE: OPENAI API NOT RECOMMENDED · SUPERHUMAN AI NOT RECOMMENDED
↳ Compliance surfaces · side by side
⚡ INTERACTIVE RISK COMPARISON HEATMAP
| RISK SURFACE | OPENAI API | SUPERHUMAN AI |
|---|---|---|
| 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
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 . ”
Superhuman AI
MED⚠ CAUTIONHIGH
Under review.
“You grant us a worldwide, non-exclusive, royalty-free license to your User Content that allows us to use, store, reproduce, publish, and publicly display (to show your User Content to you or other users as you may specify), modify, and create derivative works from it (such as wri…”
User Content can be used to train the suggestion engine and develop new products/features. While framed as 'limited purposes,' the scope includes product development and improvement, which is broad.
O
SURFACE 02
Output Ownership
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. ”
Superhuman AI
MEDHIGH
Under review.
“ The above license lasts as long as intellectual property laws protect your User Content, and it also permits our service providers to assist us in performing these limited purposes. ”
T
SURFACE 03
Model Training
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.
Superhuman AI
MEDHIGH
Under review.
“ 3.7. Feedback and Usage Data. If you provide us with any suggestions, enhancement requests, recommendations, or other feedback regarding our Services, we may use that feedback without restriction or any further obligation to you. We may also collect and analyze data relating…”
C
SURFACE 04
Commercial Use
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”
Superhuman AI
MED⚠ CAUTIONHIGH
Under review.
“ 13.6. Open Source. To the extent any component of our software may be offered under open-source license terms (see here and here for the lists of the open-source software that we use), the provisions of open-source licenses that we make available to you may expressly overr…”
📂 Data Privacy & Governance
D
SURFACE 05
Data Privacy
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…”
Superhuman AI
MED⚠ CAUTIONHIGH
—
“- If you use our products under the management of a company, organization, educational institution, or other legal entity (such as if your employer gives you access to our inbox assistant tools for work or if you open an account on behalf of an entity), this Privacy Policy won’t…”
$
SURFACE 06
Tier Differences
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 . ”
Superhuman AI
MEDHIGH
—
“ We may occasionally provide you with access to new service offerings that are still in development (“ Beta Services ”). You may choose to use these Beta Services at your sole discretion. We will label Beta Services as “alpha,” “beta,” “early access,” or something similar within…”