Image / Video / Audio Generation · openai.comDALL-E (OpenAI)
Graded against 804 verified platforms, from its own policy text. Automated assessment against a published rubric — not legal advice.
“As noted above, we may use Content you provide us to improve our Services, for example to train the models that power ChatGPT. Read [our instructions(opens in a new window)](https://help.openai.com/articles/5722486-how-your-data-is-used-to-improve-model-performance) on how you can opt out of our use of your Content to train our models.”
Watch: audit rights dpa residency
Start here. These are the highest-risk verified clauses AIRIN found in the platform's own policy text.
Non-US users (particularly EEA) face cross-border data transfers to the US and other jurisdictions. OpenAI commits to 'legally valid transfer mechanisms' but does not specify SCCs, adequacy decisions, or BCRs. No audit rights are described for general users.
This clause creates a specific exception allowing OpenAI to retain data associated with banned accounts or content in order to protect services from fraud, abuse, or policy violations.
This clause creates exceptions to standard deletion timelines, permitting OpenAI to retain personal data for extended periods for legitimate security, safety, or legal reasons even after user deletion requests.
Scores derived from 66 enriched findings — same verbatim citations as below. AI-generated, not legal advice.
- DALL-E (OpenAI)'s terms explicitly protect your inputs from training use — the policy is affirmatively favorable on this point.
- Your outputs and prompts are explicitly yours — DALL-E (OpenAI)'s terms include affirmatively protective IP language.
- Data handling is conditional — 5 privacy or retention clauses warrant review before using DALL-E (OpenAI) at scale.
Derived from AI-enriched analysis of the verified findings below — informational only, not legal advice.
How to read this page: Overall risk rates what DALL-E (OpenAI)'s own policy terms mean for your prompts, outputs, and data. The benchmark bands below grade those same verified terms relative to peers — a platform in a risky-by-default category can rate HIGH risk and still grade STRONG against its peer set. Both trace to the cited findings.
Policy benchmark
rubric v1.0 — how this is scoredBased on 206 verified, verbatim-cited findings below — read the citations.
Based on 242 verified, verbatim-cited findings below — read the citations.
Automated assessment against a published rubric — not legal advice.
Fully verified — complete core corpus captured and read in full.
- Privacy PolicyVerified - read in full - 141 citationsstaticLast captured 2026-08-12
- Terms of ServiceVerified - read in full - 105 citationsstaticLast captured 2026-08-12
Only citation-backed plan differences are shown here; absent cells mean AIRIN has not verified a tier-specific claim.
Permits, for Free and Go users subject to their controls, use of data to personalize ads and measure ad effectiveness on the Services; also permits use of data to communicate with users, identify contacts, prevent fraud and illegal activity, and protect the platform — subject to user controls.
" For Free and Go users, subject to your controls, to personalize the ads you see on our Services and measure the effectiveness of ads shown on our Services. Learn more. Communicate with you, including to respond to your questions, and sen..."
This segment grants OpenAI permission to use personal data of Free and Go tier users specifically for ad personalization and effectiveness measurement, subject to user settings, establishing a tier-differentiated data use practice that does not apply to paid tier users.
"- For Free and Go users, to personalize the ads you see on our Services (subject to your settings), and to measure the effectiveness of ads shown on our Services. [Learn more(opens in a new window)](https://help.openai.com/articles/2000104..."
Describes OpenAI's security measures as 'commercially reasonable' while disclaiming responsibility for transmission security failures and circumvention of security measures by third parties, limiting OpenAI's liability for data breaches.
"We implement commercially reasonable technical, administrative, and organizational measures designed to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email ..."
This clause grants Free and Go tier users the right to use advertising controls to limit the data used for ad personalization on OpenAI's services, creating a tier-differentiated privacy control.
"- For Free and Go users, you can use the advertising controls in your account settings to control what data we use to personalize the ads we show you on our Services."
Grants data subjects the right to be free from retaliation when exercising their state privacy law rights, and incorporates a reference to California-specific privacy rights reporting.
"The right to be free from retaliation relating to the exercise of any of your privacy rights. Review our California privacy rights reporting [here](https://openai.com/policies/privacy-policy/california-privacy-rights-reporting/)."
This segment creates an exception carving out business customer API data from this Privacy Policy's scope, specifying that such data is instead governed by separate customer agreements, which limits OpenAI's obligations under this policy with respect to that data.
"This Privacy Policy does not apply to content that we process on behalf of customers of our business offerings, such as our API. Our use of that data is governed by our customer agreements covering access to and use of those offerings."
This clause explicitly limits ad personalization data use to Free and Go users, creating a material tier difference. The 'subject to your controls' language again places the opt-out burden on the user.
"For Free and Go users, subject to your controls, to personalize the ads you see on our Services and measure the effectiveness of ads shown on our Services."
Discloses the purposes for which OpenAI uses collected personal data, including communications, fraud prevention, and advertising, fulfilling U.S. state privacy law transparency requirements about data use practices.
" more.](https://help.openai.com/en/articles/20001047-ads-in-chatgpt)<br>- Communicate with you, including to respond to your questions, and send you information about our Services and events, for example about changes or improvements to the..."
Evidence appendix
Showing priority citations first. The full appendix is available for audit trails; not every citation is a severe risk.
"If you choose to connect your device contacts, we upload information from your device address books and check which of your contacts also use our Services. If any of your contacts aren’t yet using our Services, we’ll update you if they sign up for our Services later."
Collection and use of data about non-users from address books is a known privacy risk. These third parties cannot exercise rights over their data as they are not OpenAI account holders, and the policy provides limited protections for them.
AI-generated interpretation, not legal advice.
"- For Free and Go users, you can use the advertising controls in your account settings to control what data we use to personalize the ads we show you on our Services."
"For Free and Go users, you can use the advertising controls in your account settings to control what data we use to personalize the ads we show you on our Services."
This span carries the plan-specific language - verbatim from the policy.
This clause grants Free and Go tier users the right to use advertising controls to limit the data used for ad personalization on OpenAI's services, creating a tier-differentiated privacy control.
AI-generated interpretation, not legal advice.
" Cancellation. You can cancel (opens in a new window) your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights. "
Permits cancellation of paid subscriptions at any time while restricting refunds to legally required circumstances, and clarifies these Terms do not override mandatory local cancellation laws.
AI-generated interpretation, not legal advice.
"Our use of content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. If you're using ChatGPT through Apple's integrations, see [this Help Center article(opens in a new window)](https://help.openai.com/en/articles/9737562) for how we handle your Content."
This segment grants users the right to opt out of having their Content used for model training, establishes a procedure for exercising that right via a linked article, and notes a potential service limitation consequence, making it an operative user right with procedural mechanism.
AI-generated interpretation, not legal advice.
"Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output."
This segment grants OpenAI permission to use Content for providing, maintaining, developing, and improving Services, complying with law, enforcing policies, and safety — establishing the primary basis for OpenAI's use of user content including for model training purposes.
AI-generated interpretation, not legal advice.
"As noted above, we may use Content you provide us to improve our Services, for example to train the models that power ChatGPT. Read [our instructions(opens in a new window)](https://help.openai.com/articles/5722486-how-your-data-is-used-to-improve-model-performance) on how you can opt out of our use of your Content to train our models."
This segment grants OpenAI permission to use user-provided Content to train the models powering ChatGPT and other Services, while also establishing a user right to opt out of such training use, and incorporates by reference instructions for exercising that opt-out right.
AI-generated interpretation, not legal advice.
"- _User Content:_ We collect Personal Data that you provide in the input to our Services (“Content”), including your prompts and other content you upload, such as [files(opens in a new window)](https://help.openai.com/articles/8555545-file-uploads-faq), [images(opens in a new window)](https://help.openai.com/articles/8400551-chatgpt-image-inputs-faq), [audio and video(opens in a new window)](https://help.openai.com/articles/8400625-voice-mode-faq), [Sora characters(opens in a new window)](https://help.openai.com/articles/12435986-generating-content-with-cameos), and data from [connected services(opens in a new window)](https://help.openai.com/articles/11487775-connectors-in-chatgpt), depending on the features you use. Some of our Services allow you to interact with other users, such as post, comment, or send messages, and we treat those interactions as Content, too."
This segment defines 'Content' as personal data provided in user inputs to Services, including prompts, files, images, audio, video, and connected service data, establishing the scope of user-generated content collected by OpenAI.
AI-generated interpretation, not legal advice.
" more.](https://help.openai.com/en/articles/20001047-ads-in-chatgpt)<br>- Communicate with you, including to respond to your questions, and send you information about our Services and events, for example about changes or improvements to the Services or offers or information that may interest you<br>- To identify your contacts who use our Services when you choose to connect your contacts and update you if they join our Services later.<br>- Prevent fraud, illegal activity, or misuses of our Services, and to protect the security of our systems and Services, including by monitoring any Content submitted or exchanged on our platforms (learn more [here](https://openai.com/transparency-and-content-moderation/))<br>- Comply with legal obligations and protect the rights, privacy, safety, or property of our users, OpenAI, or third parties, for instance to prevent harm to you or others, and to estimate your age to give you an age-appropriate experience | We may disclose this information in the following circumstances, as described above:<br>- Vendors, service providers, and affiliates to assist us in meeting business operations needs and to perform certain services and functions described above<br>- Government authorities or other third parties for the legal reasons described above<br>- Parties involved in Transactions<br>- Business account administrators for the reasons described above<br>- Parents or guardians of teen users for account linking purposes described above<br>- Other users and third parties you interact or share information with |"
Discloses the purposes for which OpenAI uses collected personal data, including communications, fraud prevention, and advertising, fulfilling U.S. state privacy law transparency requirements about data use practices.
AI-generated interpretation, not legal advice.
"Third party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them."
This segment grants OpenAI an unrestricted, royalty-free permission to use user feedback without compensation, effectively waiving the user's right to restrict or be compensated for feedback use.
AI-generated interpretation, not legal advice.
"A note about accuracy: Services like ChatGPT generate responses by reading a user’s request and, in response, predicting the words most likely to appear next. In some cases, the words most likely to appear next may not be the most factually accurate. For this reason, you should not rely on the factual accuracy of output from our models. If you notice that ChatGPT output contains factually inaccurate information about you and you would like to request a correction or removal of the information, you can submit these requests through [privacy.openai.com(opens in a new window)](https://privacy.openai.com/) or to [dsar@openai.com](mailto:dsar@openai.com), and we will consider your request based on applicable law and the technical capabilities of our models."
Disclaims reliance on the factual accuracy of AI-generated outputs, explaining the probabilistic nature of model responses, and provides a procedure for requesting correction or removal of inaccurate personal information.
AI-generated interpretation, not legal advice.
"- Our Services may provide incomplete, incorrect, or offensive Output that does not represent OpenAI’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with OpenAI."
Disclaims OpenAI's responsibility for incomplete, incorrect, or offensive Output and denies any implied endorsement or affiliation with third parties mentioned in Output, limiting OpenAI's liability for output quality and content.
AI-generated interpretation, not legal advice.
"**Your Opt-Out Rights.** We don’t “sell” Personal Data. Depending upon your choices, we may share limited data with select marketing partners for purposes of promoting our products and services to you on third-party properties."
Disclaims that OpenAI does not 'sell' personal data under state law definitions while disclosing that limited data may be shared with marketing partners for targeted advertising, which may qualify as 'sharing' under state privacy laws.
AI-generated interpretation, not legal advice.
"For Free and Go users, subject to your controls, to personalize the ads you see on our Services and measure the effectiveness of ads shown on our Services."
This clause explicitly limits ad personalization data use to Free and Go users, creating a material tier difference. The 'subject to your controls' language again places the opt-out burden on the user.
AI-generated interpretation, not legal advice.
"Prevent fraud, illegal activity, or misuses of our Services, and to protect the security of our systems and Services, including by monitoring any Content submitted or exchanged on our platforms"
Broad content monitoring is explicitly stated as a permitted use of personal data. This has implications for user expectations of confidentiality and for enterprise customers handling sensitive data.
AI-generated interpretation, not legal advice.
"To prevent fraud, illegal activity, or misuses of our Services, and to protect the security of our systems and Services, including by monitoring any Content submitted or exchanged on our platforms"
The monitoring provision is broad and applies to all submitted and exchanged content. Combined with the enforcement-discretion language in the government-sharing clause (sole discretion for ToS violations), this creates significant surveillance risk for users.
AI-generated interpretation, not legal advice.
"We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate."
The phrase 'alleged to be infringing' means OpenAI can act on third-party complaints without independent verification of infringement. Combined with account termination for 'repeat infringers,' users risk losing access to their accounts and data based on unresolved allegations.
AI-generated interpretation, not legal advice.
" - If specific Content, or your account, is banned because of violations of our [usage policies](https://openai.com/policies/usage-policies/), we may retain that data for to protect our services from fraud, abuse, or other violations of our policies;"
This clause creates a specific exception allowing OpenAI to retain data associated with banned accounts or content in order to protect services from fraud, abuse, or policy violations.
AI-generated interpretation, not legal advice.
"- **Information we retain for longer for legitimate security, safety, or legal reasons:** In some cases, we need to retain Personal Data for longer even after you delete it, for example because we are legally required to, to address fraud and abuse, for security reasons, or for financial record-keeping purposes. For instance:"
This clause creates exceptions to standard deletion timelines, permitting OpenAI to retain personal data for extended periods for legitimate security, safety, or legal reasons even after user deletion requests.
AI-generated interpretation, not legal advice.
Common questions about DALL-E (OpenAI)'s policies
- Does DALL-E (OpenAI) train its AI models on your data?
- Training possible — conditions or opt-outs apply — based on 9 verified findings from DALL-E (OpenAI)'s published policy. Informational only, not legal advice.
- Who owns the content you create with DALL-E (OpenAI)?
- You own outputs — with license carve-outs — based on 4 verified findings from DALL-E (OpenAI)'s published policy. Informational only, not legal advice.
- Can you use DALL-E (OpenAI)'s output commercially?
- Commercial use allowed — based on 3 verified findings from DALL-E (OpenAI)'s published policy. Informational only, not legal advice.
Clause detail — protections, your obligations, and coverage
Every clause below is a verbatim quote from DALL-E (OpenAI)'s own published policy, read in full and linked to its exact location. Protections and user obligations are reported separately from risk because they are different kinds of clause — an obligation on you is not a risk to your data. Informational only, not legal advice.
✅ Protections found
39 verified clausesClauses in DALL-E (OpenAI)'s policies that work in your favour — commitments the platform made to you.
- Privacy & data usesale/sharing of personal data
“Some [U.S. state privacy laws(opens in a new window)](http://help.openai.com/articles/20001055) require specific disclosures. The following table provides additional information about the categories of Personal Data we collect and how we use and disclose that…”
Incorporates by reference the earlier sections on personal data collection and use, and cross-references additional state-law-required disclosures, establishing that state privacy law obligations apply to the described d…
📍 Privacy Policy › “9\. Additional U.S. state disclosures”Jump to exact text → - Indemnity & liability
“A note about accuracy: Services like ChatGPT generate responses by reading a user’s request and, in response, predicting the words most likely to appear next. In some cases, the words most likely to appear next may not be the most factually accurate. For this…”
Disclaims reliance on the factual accuracy of AI-generated outputs, explaining the probabilistic nature of model responses, and provides a procedure for requesting correction or removal of inaccurate personal information…
- Designated security contact: dsar@openai.com
📍 Privacy Policy › “6\. Your rights”Jump to exact text → - Privacy & data usechildren's data
“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…”
Restricts OpenAI's services from being directed to children under 13, prohibits knowing collection of their personal data, imposes a notification and deletion procedure for inadvertent collection, and requires parental/g…
- Designated security contact: privacy@openai.com
📍 Privacy Policy › “7\. Children”Jump to exact text → - Privacy & data use
“**Verification.** In order to protect your Personal Data from unauthorized access, change, or deletion, we may require you to verify your credentials before you can submit a request to know, correct, or delete Personal Data. If you do not have an account with…”
Establishes the identity verification procedure OpenAI may require before honoring requests to know, correct, or delete personal data, including conditions under which requests may be denied if identity cannot be verifie…
📍 Privacy Policy › “9\. Additional U.S. state disclosures”Jump to exact text → - Privacy & data use
“You can exercise some of these rights through your OpenAI account using the tools described in the [Data controls ](https://openai.com/policies/privacy-policy/#data-controls) section, or you can submit your request through [privacy.openai.com(opens in a new…”
Specifies the procedural mechanisms by which data subjects can exercise their privacy rights, including account-based tools, a dedicated portal, and email contacts for requests and the DPO.
- Designated security contact: dpo@openai.com
📍 Privacy Policy › “6\. Your rights”Jump to exact text → - Privacy & data usechildren's data
“- _Parent or Guardian of a Teen_: Teen users and their parents or guardians can choose to link their accounts, allowing the parent or guardian to manage certain settings, and receive alerts if we detect a serious safety concern. These accounts can be unlinked…”
This clause permits account linking between teen users and their parents or guardians, allowing parental access to manage settings and receive safety alerts, while also granting the right to unlink accounts at any time.
📍 Privacy Policy › “3\. Disclosure of Personal Data”Jump to exact text →
+ 33 more verified clauses of this kind on this platform, cited in full in the report.
📋 Rules you must follow
12 verified clausesWhat DALL-E (OpenAI) requires of YOU. These are your obligations, not risks to your data or IP, so they are cited here and excluded from this platform's risk rating.
- Moderation & enforcement
“Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual…”
Imposes an obligation on users to comply with all applicable trade laws, including sanctions and export controls, and restricts use of the Services in embargoed territories or by sanctioned individuals/entities, as well…
Location: exact-text link only — source has no section structureJump to exact text → - Moderation & enforcementconduct restrictions
“What you can do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our [Sharing & Publication Policy](https://openai.com/policies/sharing-publication-p…”
This segment introduces a non-exhaustive list of prohibited activities, broadly restricting use of the Services for illegal, harmful, or abusive activity.
Location: exact-text link only — source has no section structureJump to exact text → - Moderation & enforcementconduct restrictions
“- You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.”
Restricts the user from using AI-generated Output about a person for decisions with legal or material impact, such as credit, employment, housing, or medical decisions, limiting permissible downstream use of outputs.
Location: exact-text link only — source has no section structureJump to exact text → - Moderation & enforcementconduct restrictions
“- Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).”
This segment prohibits automated or programmatic extraction of data or Output, restricting bulk data harvesting from the Services, and cross-references the definition of 'Output' as defined elsewhere.
Location: exact-text link only — source has no section structureJump to exact text → - Moderation & enforcementconduct restrictions
“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](https://openai.com/brand/).”
Asserts that OpenAI and its affiliates hold all rights, title, and interest in the Services, and restricts the user's use of OpenAI's name and logo to compliance with Brand Guidelines, establishing IP ownership and condi…
Location: exact-text link only — source has no section structureJump to exact text →
+ 7 more verified clauses of this kind on this platform, cited in full in the report.
What the policies actually cover
15 topics- Product telemetry & usage tracking2 protective17 clauses
- Advertising & tracking1 protective8 clauses
- Sale or sharing of personal data2 protective3 clauses
- Sensitive data (biometric, location, health)2 clauses
- Children's data2 protective3 clauses
- Government & law-enforcement disclosure4 clauses
- Does not train on your content1 protective2 clauses
- Trains by default, opt-out available1 protective3 clauses
- Arbitration & class-action waiver2 protective8 clauses
- Damages & liability cap1 protective5 clauses
- Indemnity direction1 clause
- Terms can change at any time4 protective8 clauses
- Deletion rights & post-termination survival2 protective8 clauses
- Auto-renewal & cancel window1 protective2 clauses
- Conduct restrictions10 obligations10 clauses
162 further verified clauses are cited on this page but not yet assigned a topic.
Cross-clause notes
Two verified clauses intersect on the same subject matter: the Privacy Policy, Privacy Policy › “4\. Retention” addresses how long content is retained, and the Privacy Policy, § 2 (How we use Personal Data) addresses use of content in connection with model training or service improvement. Both clauses are in force at the same time — read them together.
The Terms of Service describes rights the platform takes in user content, and the Privacy Policy, Privacy Policy › “3\. Disclosure of Personal Data” describes disclosure of data to third parties or subprocessors. Both clauses are in force at the same time — read them together.
The Privacy Policy, § 2 (How we use Personal Data) describes a way to decline model training, and the Terms of Service, Terms of Service › “Paid accounts” states that terms differ by plan or tier. Whether the opt-out applies on every tier is determined by those clauses together — read both before relying on the opt-out.
Verified retention clauses point in different directions: the Privacy Policy, Privacy Policy › “4\. Retention” describes broad or open-ended retention, while the Privacy Policy, Privacy Policy › “4\. Retention” describes deletion or erasure. Which clause controls in a given situation is not resolved by the documents' text alone — this is surfaced as an ambiguity, treated as Caution.
Verified training clauses point in different directions: the Privacy Policy, § 2 (How we use Personal Data) describes use of content for training or improvement, while the Terms of Service, Terms of Service › “Content” states content is not used for training. The clauses may govern different products, tiers, or data categories — the documents' text alone does not resolve it. Surfaced as an ambiguity, treated as Caution.
Automated cross-reference against the published rubric — not legal advice.
Clause intelligence
Canonical clauses and stance patterns extracted from the same gate-verified citations shown on this page.
The clause provides a deletion or time-bounded retention path.
“Once you choose to delete Personal Data, we will remove it from our systems within 30 days unless we need to retain it for longer as described below, or it has already been de-identified and disassociated from your account when you allow us to use your Content to [improve our models”Open source citation
The clause provides a deletion or time-bounded retention path.
“- **Information we retain until you delete it:** Some of our Services allow you to delete Personal Data stored in your account. For example, you can delete specific, or all, of your ChatGPT conversations, delete specific [Saved Memories(opens in a new window)](https://help.openai.com/articles/8590148-memory-faq), or delete your account. Once you choose to delete Personal Data, we will remove it from our systems w...”Open source citation
The clause provides a deletion or time-bounded retention path.
“- **Information we delete automatically:** In some cases, Personal Data will be deleted automatically. For example, [Temporary Chats(opens in a new window)](https://help.openai.com/articles/8914046-temporary-chat-faq) will be automatically deleted within 30 days (unless we have to retain them for safety or legal reasons, as described further below), and your [Atlas incognito browsing history(opens in a new windo...”Open source citation
The clause provides a deletion or time-bounded retention path.
“- **Information we delete automatically:** In some cases, Personal Data will be deleted automatically. For example, [Temporary Chats(opens in a new window)](https://help.openai.com/articles/8914046-temporary-chat-faq) will be automatically deleted within 30 days (unless we have to retain them for safety or legal reasons, as described further below), and your [Atlas incognito browsing history(opens in a new windo...”Open source citation
The clause provides a deletion or time-bounded retention path.
“Information we retain until you delete it: Some of our Services allow you to delete Personal Data stored in your account. For example, you can delete specific, or all, of your ChatGPT conversations, delete specific Saved Memories (opens in a new window) , or delete your account. Once you choose to delete Personal Data, we will remove it from our systems within 30 days unless we need to retain it for longer as de...”Open source citation
Tier matrix
Plan-level conditions detected from citation-backed clauses. Empty tiers mean AIRIN has not captured decisive tier language yet.
| Tier | Surface | Verdict | Risk | Citations |
|---|---|---|---|---|
| All applicable tiers | data retention | improves | LOW | 5 |
| All applicable tiers | governing law disputes | conditional | MEDIUM | 31 |
| All applicable tiers | indemnity liability | conditional | MEDIUM | 2 |
| All applicable tiers | privacy data use | worsens | HIGH | 3 |
| All applicable tiers | subprocessors data sharing | worsens | HIGH | 1 |
| Free | data retention | worsens | HIGH | 2 |
| Free | indemnity liability | conditional | MEDIUM | 2 |
| Free | moderation enforcement | worsens | HIGH | 2 |
| Team / Business | indemnity liability | conditional | MEDIUM | 2 |
Policy evolution
Open full timelineBefore/after stance changes across captured policy versions. When no material delta exists yet, AIRIN shows the latest citation-backed stance events instead.
data sharing worsened from medium/third party or vendor sharing to high/sale or sell.
“- _Other Users and Third Parties You Interact or Share Information With_: Certain Services allow you to interact or share information with other users or third parties. For example, you can share content like [ChatGPT conversations(opens in a new window)](https://help.openai.com/articles/7925741-chatgpt-shared-links-faq) or Sora [videos(opens in a new window)](https://help.openai.com/articles/12456897-getting-started-with-the-sora-app) and [characters(opens in a new window)](https://help.openai.com/articles/12435986-generating-content-with-cameos), or share information with third-party [search(opens in a new window)](https://help.openai.com/articles/9237897-chatgpt-search) and [shopping(opens in a new window)](https://help.openai.com/articles/12440090-instant-checkout-buy-directly-from-merchants-through-chatgpt) partners. Information you share with third-party partners is governed by their own terms and privacy policies, and you should make sure you understand those terms and policies before sharing information with them.”Before citation
“Your Opt-Out Rights. We don’t “sell” Personal Data. Depending upon your choices, we may share limited data with select marketing partners for purposes of promoting our products and services to you on third-party properties.”After citation
data sharing improved from high/sale or sell to medium/third party or vendor sharing.
“**Your Opt-Out Rights.** We don’t “sell” Personal Data. Depending upon your choices, we may share limited data with select marketing partners for purposes of promoting our products and services to you on third-party properties.”Before citation
“At OpenAI, our mission is to ensure that artificial general intelligence benefits everyone. We build tools like ChatGPT and Sora to help people learn, create, and solve problems. We at OpenAI (together with our affiliates, “OpenAI”, “we”, “our” or “us”) are committed to respecting your privacy and are strongly committed to keeping secure any information we obtain from you or about you. This Privacy Policy describes our practices with respect to personal data that we collect from or about you, and how we use it when you use our website, applications, and services (collectively, “Services”).”After citation
Latest stance: arbitration or waiver on governing law disputes
“These Terms of Use apply to your use of ChatGPT, DALL·E, and OpenAI’s other services for individuals, along with any associated software applications and websites (all together, “Services”). These Terms form an agreement between you and OpenAI OpCo, LLC, a Delaware company, and they include our Service Terms and important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms.”Open timeline citation
Latest stance: arbitration or waiver on governing law disputes
“OpenAI will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.”Open timeline citation
Latest stance: rights or controls vary by tier on tier differences
“Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.”Open timeline citation
Latest stance: indemnity on indemnity liability
“If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.”Open timeline citation
Capture recency
- Privacy Policy:Last captured 2026-08-12· verified 2026-08-12
- Terms of Service:Last captured 2026-08-12· verified 2026-08-12
Dates state when our pipeline captured and verified each document — not when the vendor last changed it. Documents are re-scanned on a recurring cadence; a document verified once says so until a re-scan confirms it again.
↑ 44 more findings this quarter vs last (259 vs 215). First scan: June 2026.
Compare and stack are saved in your browser. Open compare · View your stack. A correction triggers an automated re-read of DALL-E (OpenAI)'s policies — no human edits the data.
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Every finding above is a verbatim quote from DALL-E (OpenAI)'s own published policy, captured to an immutable snapshot and read in full through a two-gate verification pipeline. Confidence labels and any analysis are AI-generated and informational only — not legal advice.
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