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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.
Tabnine
DEVELOPER / CODING
PROMPT
Users retain ownership of their code. Tabnine does not claim IP in user code.
OUTPUT
Users retain ownership of code completions.
TRAINING
Tabnine is not granted any rights in code you develop while using the Services. Code suggestions accepted and incorporated are deemed part of user-generated code; Tabnine grants a non-exclusive, perpetual, royalty-free license to use those suggestions within your code.
COMMERCIAL
Commercial use is the primary intended use for all plans.
236 verified findings across the displayed surfaces.
Empty Comparison Slot
AIRIN SUMMARY
OpenAI API carries highly permissive license terms; Tabnine carries highly permissive license terms.FOR ENTERPRISE: OPENAI API NOT RECOMMENDED · TABNINE NOT RECOMMENDED
↳ Compliance surfaces · side by side
⚡ INTERACTIVE RISK COMPARISON HEATMAP
| RISK SURFACE | OPENAI API | TABNINE |
|---|---|---|
| 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 . ”
Tabnine
LOW⚠ CAUTIONHIGH
Users retain ownership of their code. Tabnine does not claim IP in user code.
“Tabnine and/or its affiliates retain all rights in the Services′ materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, "Services′…”
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. ”
Tabnine
MEDHIGH
Users retain ownership of code completions.
“Tabnine′s Services include, without limitation (i) a software and/or a service for searching and sharing software code, and (ii) a software and/or a service which analyzes your code-development environment and the activities performed therein, and automatically suggests you relev…”
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.
Tabnine
MED⚠ CAUTIONHIGH
Tabnine is not granted any rights in code you develop while using the Services. Code suggestions accepted and incorporated are deemed part of user-generated code; Tabnine grants a non-exclusive, perpetual, royalty-free license to use those suggestions within your code.
“In connection with any Tailor Made Services, we note that: (a) no such Tailor Made Services will be provided unless explicitly asked by you, (b) as part of the Tailor Made Services, you will be required to grant Tabnine with access to your code, such code shall be used by Tabnine…”
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”
Tabnine
MED⚠ CAUTIONHIGH
Commercial use is the primary intended use for all plans.
“These Terms do not authorize you to, and you may not use any Third-Party Materials except as expressly permitted (by license or otherwise) by the owners of such Third-Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their…”
📂 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…”
Tabnine
MED⚠ CAUTIONHIGH
Basic/Pro: cloud model completions (not used for training). Enterprise: zero-retention, local model deployment available.
“10. If you choose to exercise your rights, we will not charge you different prices or provide different quality of our Services, unless those differences are related to your provision of your Personal Information. We will not discriminate against you for exercising any of your ri…”
$
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 . ”
Tabnine
MED⚠ CAUTIONHIGH
Basic/Pro: cloud model completions (not used for training). Enterprise: zero-retention, local model deployment available.
“Please note that since Tabnine acquired the Tabnine code prediction tool (the " **TabNine Product**"), in the event that you have commenced your use of the Tabnine Product **prior** to 30 August, 2020 (the " **Cut-Off Date**"), Tabnine will continue to provide you with the Tabnin…”