| A | B | C | D | E | F | G | H | I | J | ||
|---|---|---|---|---|---|---|---|---|---|---|---|
1 | AI Provider | Anthropic | Bytedance | DeepSeek | DeepSeek China | DeepSeek API | Gemini Apps | OpenAI (Europe) | Perplexity | ||
2 | Documents Reviewed | Terms of Service Privacy Policy | Terms and Conditions Privacy Policy | Terms of Service Privacy Policy | Terms of Service Privacy Notice | Terms of Use Privacy Policy | Terms of Service Privacy Policy | ||||
3 | Effective Date | 5/13/2024 12/5/2024 | 5/20/2024 5/20/2024 | 8/30/2024 12/5/2024 | 5/22/2024 12/13/2024 | 12/11/2024 11/8/2024 | 6/4/2024 12/22/2024 | ||||
5 | Prohibited Uses | * Violation of laws or regulations, including export controls. * Development of competing products or services, including AI/ML algorithms. * Reverse engineering, decompiling, or disassembling the services. * Unauthorized data scraping. * Infringing intellectual property rights or privacy. * Unauthorized access to systems or deception. * Accessing services through automated means (unless permitted). * Disruptive or harmful conduct, including introducing viruses or malware. * Sharing account credentials. * Using Anthropic's name or trademarks without permission. * Exporting services to embargoed countries or restricted parties. Source: Section 3, ToS | * Uploading, transmitting, or distributing malicious content like viruses or harmful material. * Using content in combination with AI tools for training or development. * Employing web scraping techniques or automated tools for data extraction. * Disrupting the services or others' use. * Unauthorized access to systems or networks. * Publishing or distributing unauthorized advertising or promotional material. * Distributing public information or shareware for personal gain. Source: T&Cs | 3.4 You will not use the Services to generate, express or promote content or a chatbot that: (1) is hateful, defamatory, offensive, abusive, tortious or vulgar; (2) is deliberately designed to provoke or antagonize another or is bullying or trolling another; (3) may harass, intimidate, threaten, harm, hurt, scare, distress, embarrass or upset another; (4) is discriminatory such as discriminating another based on race, gender, sexuality, religion, nationality, disability or age; (5) is pornographic, obscene, or sexually explicit (e.g., sexual chatbots); (6) facilitates, promotes, incites or glorifies violence or terrorist/extremism content; (7) exploits, harms, or attempts to exploit or harm or minors or exposes minors to such content; (8) are designed to specifically appeal to or present a persona of any person under the age of 18; (9) constitute, encourage or provide instructions for a criminal offence; or (10) impersonates or is designed to impersonate a celebrity, public figure or a person other than yourself without clearly labelling the content or chatbot as "unofficial" or "parody", unless you have that person's explicit consent. 3.5 You will not violate any applicable, nor interfere with, damage, or attack the Services, systems, networks, models, and other components that support the normal operation of the service. You will not engage in activities that endanger the security of the Services: (1) Engage in illegal activities involving network intrusion, such as: using unauthorized data or accessing unauthorized servers/accounts; forging TCP/IP packet names or partial names; attempting to probe, scan, or test vulnerabilities in the software system or network without permission. (2) Engage in activities that disrupt or damage the normal operation of the network, such as: intentionally generating, spreading malicious programs or viruses; entering public computer networks or other people's computer systems without permission and deleting, modifying, adding stored information, etc. (3) Engage in activities to steal network data, such as: reverse engineering, reverse assembly, reverse compilation, translation, or attempting to discover the source code, models, algorithms, and system source code or underlying components of the software in any way; capturing, copying any content of the Services, including but not limited to using any robots, spiders, or other automatic setups, setting mirrors. (4) Engaging in other activities that endanger the Services' systems, networks, models, and other components. 3.6 You will not use the Services for the following improper purposes: (1) Using the Services for any illegal purposes that violate laws and regulations, regulatory policies, or infringe on the legitimate rights and interests of third parties. (2) Using the Services for dangerous purposes that may have serious harmful impacts on physical health, psychology, society, or the economy, or violate scientific and technological ethics. (3) Engaging in activities that infringe on intellectual property rights, trade secrets, and other violations of business ethics, or using algorithms, data, platforms, etc., to implement monopolistic and unfair competition behaviors. (4) Using the Services to develop other products and services that are in competition with the Services (unless such restrictions are illegal under relevant legal norms). (5) Without DeepSeek's authorization, copying, transferring, leasing, lending, selling, or sub-licensing the entire or part of the Services. (6) Other uses prohibited or restricted by laws and administrative regulations, or that may harm DeepSeek's interests. Source: Section 3.4, 3.5, 3.6, ToS | You must not violate laws and regulations such as 《 Internet Information Service Management Measures 》, 《 Network Information Content Ecological Governance Regulations 》, 《 Interim Measures for Generating Artificial Intelligence Service Management》 and related standards regarding the content of network information The requirements for safety shall not be entered, used to export or disseminate the following illegal and bad information: (1) Oppose the basic principles established by the Constitution; (2) Endangering national security, leaking state secrets, subverting state power, and undermining national unity; (3) Damage to national honor and interests; (4) Distorting, vilifying, blasphemy, denying the deeds and spirits of heroes and martyrs, insulting, defamating or otherwise infringing on the names, portraits, reputation, and honors of heroes and martyrs; (5) Promote terrorism, extremism or incite terrorist activities and extremist activities; (6) Inciting national hatred, ethnic discrimination, and undermining national unity; (7) Undermine national religious policies, promote cults and feudal superstitions; (8) Spreading rumors that disrupt economic and social order; (9) Dissemination of obscenity, pornography, gambling, violence, homicide, terror or abetment of crime; (10) Insulting or defamating others, infringing on the reputation, privacy and other legitimate rights and interests of others; (11) Other content prohibited by laws and administrative regulations. You must not maliciously confront the information content security management and risk prevention mechanism of this service in the following ways, including but not limited to: (1) Malicious confrontation behaviors, including but not limited to the use of variants, barcodes, characters, homophones, etc. to circumvent service testing to enter or generate remarks that violate the above 3.3. (2) Malicious attacks, inducements and poisoning by pretending to be identity, reverse inducement, jailbreak attacks, etc. (3) Unauthorized removal and tampering with the generated content logo involved in this service without deep consent or legal and legitimate basis. 3.5 As a user of this service, You must not violate the requirements of laws and regulations such as the 《 Cybersecurity Law 》, 《 Data Security Law 》, and related standards. You must not address this service and the systems, networks, models, and other components that support the normal operation of this service. Interfere, destroy or attack, and must not engage in the following activities that endanger the safety of this service: (1) Engage in activities that illegally invade the network, such as: using unauthorized data or entering unauthorized servers/accounts; forging TCP/IP data package names or partial names; unauthorized attempts to detect, scan, test Weaknesses of this software system or network, etc. (2) Engage in activities that interfere with or disrupt the normal functions of the network, such as: intentionally generating and disseminating malicious programs or viruses; entering the public computer network or other people’s computer systems without permission and deleting, modifying, and adding stored information; to cause computer systems or facilities to suffer Unreasonable load interference with operations, etc. (3) Engaged in activities to steal network data, such as: reverse engineering, reverse compilation, reverse compilation, translation, or other attempts to discover the source code, model, algorithm, and system of this software Source code or bottom assembly; in any way (including but not limited to any robot, reptile, other automatic settings, mirror image) to grab, Copy this service and any content it contains. (4) Engage in other activities that endanger the safety of this service system, network, model and other components. 3.6 As a user of this service, You must not use this service for the following improper purposes: (1) Use this service for any illegal purpose that violates laws and regulations, regulatory policies, or infringes on the legitimate rights and interests of third parties. (2) Use this service for dangerous purposes that may have serious harmful effects on personal health, psychology, society, or economy, or violate scientific and technological ethics. (3) Engage in infringement of intellectual property rights, trade secrets, and other violations of business ethics, or use advantages such as algorithms, data, and platforms to implement monopolies and unfair competition. (4) Without in-depth request authorization, copy, transfer, lease, lend, sell or provide sub-licenses, and transfer licenses for all or part of the service. (5) Prohibited and restricted by other laws and administrative regulations, or may damage the way in which deep interests are sought. Sections 3.3-3.6, User Agreement | * Violating Google Terms of Service and Generative AI Prohibited Use Policy. * Sharing confidential information or data that users do not want Google to use for improvement. Source: ToS | * Using services for illegal, harmful, or abusive activities. * Infringing on anyone's rights. * Modifying, copying, distributing, or selling services. * Reverse engineering or decompiling services. * Extracting data or output automatically or programmatically. * Representing AI-generated output as human-generated. * Interfering with or disrupting services, including bypassing rate limits or safety measures. * Using output to develop competing models. Source: ToU | * Directing services to generate output violating intellectual property rights, contractual restrictions, or laws. * Publishing output without citing the services or misrepresenting its source or AI generation. * Engaging in activities prohibited in section 5. of their Terms of Service (e.g., unauthorized downloading, copying, data scraping). * Introducing malicious materials into their systems. * Submitting unlawful, harmful, or abusive content. Source: ToU | |||
6 | User Liability | Responsible for ensuring all rights and permissions are in place for submitted prompts. Must comply with the Terms of Service, Acceptable Use Policy, and relevant laws. Prompt Liability: "You are responsible for all Prompts you submit to our Services. You must ensure that you have all rights, licenses, and permissions that are necessary for us to process such Prompts in accordance with our Terms." Source: Section 4, Terms of Service | Responsible for content uploaded to the service, including compliance with laws and regulations. Must ensure legal rights to the data and protect against fraudulent, harmful, unauthorized, or illegal activity. Source: T&Cs | Responsible for legality of end-user data and compliance with data protection requirements. Must establish organizational and technical measures for data security and prevent misuse. Liable for consequences of violation of terms. Users (including open platform providers) are solely responsible for inputs submitted and corresponding Outputs, and that neither will violate DeepSeek Terms, or any laws or regulations applicable to those Inputs and Outputs. Source: Section 4.1, ToS | Must follow Google Terms of Service and Generative AI Prohibited Use Policy. Google processes information to maintain functionality, safety, and reliability, including detecting and preventing abuse and illegal activities. Source: Privacy Notice | Responsible for content submitted, including ensuring it doesn't violate laws or the Terms of Use. Must comply with trade laws, sanctions, and export control laws. Liable for copyright infringement claims. Source: ToU | Responsible for ensuring submitted input doesn't violate intellectual property rights, contractual restrictions, or laws. Must cite the service when publishing output. Not allowed to misrepresent output's source or AI generation. This is very broad. "By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above." Source: Sections 1.1, 6.4, ToS | ||||
7 | Ownership of Inputs | Users retain ownership of their inputs (Prompts) Section 4, Tos | Users retain ownership of intellectual property rights in submissions (including feedback and suggestions), but grant Bytedance "(and those we work with) a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to publish, post, reformat, index, archive, make available, link to, and otherwise use such Submission in all forms and media (whether now known or later developed), in connection with the operation of our respective businesses (including, without limitation, the Services) and to permit others to do so. a broad license to Bytedance for use and distribution. Bytedance may remove submissions and reserves editorial control." Source: T&Cs | Users retain rights to inputs. Section 4.1, ToS | Google's broad terms do not claim ownership of user-generated content. Source: Google Privacy & Terms / Terms of Service | As between you and OpenAI, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input. Source: ToU | Users retain ownership of their content, but grant Perplexity an extremely broad license for use and distribution, including " include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations.". Perplexity reserves the right to remove user content. Source: Sections 1.1, 6.4, ToS | ||||
8 | Ownership of Outputs | Anthropic assigns all its right, title, and interest in outputs (Outputs) to the user, subject to compliance with the terms Section 4, ToS | Bytedance appears to claim ownership of the 'content made available through the Services' which may include outputs "Unless otherwise set out in these Terms of Use, content made available through the Services, including articles, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, audio, images, applications, programs, computer code and other information (collectively, the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by the Doubao Team, its licensors or its content providers and is protected by copyright, trademark and other intellectual property and unfair competition laws." Source: T&Cs | DeepSeek assigns all rights, titles, and interests to outputs (subject to compliance with terms). Users who publish or disseminate outputs "must: (1) proactively verify the authenticity and accuracy of the output content to avoid spreading false information; (2) clearly indicate that the output content is generated by artificial intelligence, to alert the public to the synthetic nature of the content; (3) avoid publishing and disseminating any output content that violates the usage specifications of these Terms." Source: Sections 3.1, 4.1, ToS | Unclear - I could not find details in any of the policies Google makes available -- also it's a mess. | Users retain ownership in Outputs. OpenAI hereby assigns to you all our right, title, and interest, if any, in and to Output. Source: ToU | See above. | ||||
9 | Provider's Use of Inputs/Outputs | Anthropic may use inputs and outputs to provide, maintain, and improve services, and to develop other products and services. They will not train their models on materials that are not publicly available, except for feedback, trust and safety review, or with explicit user consent. Section 4, ToS | Bytedance uses collected data to provide, operate, and improve the service, communicate with users, understand their needs and interests, provide support and maintenance, for research and development, to comply with the law, for compliance, fraud prevention, and safety, and with user consent. Source: T&Cs | DeepSeek may use inputs and outputs to provide, maintain, operate, develop, or improve services or underlying technologies. They will not use the data for purposes unrelated to the services without separate consent. Use to a 'minimal extent' 'under the premise of security encryption technology processing [?], strict de-identification, and irreversibility [hashing?] to avoid re-identification of specific individuals. Can delete all content without prior notice. Source: Section 4.2, 7.1, ToS | Google uses collected data (including Gemini conversations, related product usage information, location information & feedback) to provide, improve, and develop Google products and services, and machine-learning technologies, including Google’s enterprise products such as Google Cloud. This includes review of conversations by human reviewers. Apps Activity (storage) is on by default if the user is 18 or older. Source: Privacy Notice | OpenAI can use user content worldwide to provide, maintain, develop, and improve services, comply with applicable law, enforce terms and policies, and keep services safe. OpenAI may use inputs to train models, but users can opt-out. Source: ToU | Perplexity may use user content to operate, improve, promote, and provide services, including reproducing, transmitting, displaying, publishing, and distributing output based on input. Source: Section 6.4, ToS | ||||
10 | DIsclosure to Authorities | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | ||
11 | Disclosure to Third Parties | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | ||
12 | Direct Data Collection from users | * Account information * Name * Password * User Inputs * Feedback * Communications with Company * IP Address * Device type * Operating System * Browser info * Unique identifiers * Usage data (pages visited, services used, clickstream data) * Cookies & Trackers * Payment Information Source: Privacy Policy | * Account information * Name * Password * User Inputs * Feedback * Communications with Company * IP Address * Device type * Operating System * Browser info * Unique identifiers * Usage data (pages visited, services used, clickstream data) * Cookies & Trackers * Payment Information Source: Privacy Policy | * Date of birth * Username * Email address * Telephone number * Password * Text or audio input * Prompt * Uploaded files * Feedback * Chat history * UserID | * Mobile number * login password * real name * ID number * telephone number * mailbox * Contact Name * Chat History * Acclaim records * Feedback * Uploaded files * "Supporting materials" submitted in feedback | * Account information * Name * Password * User Inputs * Feedback * Communications with Company * IP Address * Device type * Operating System * Browser info * Unique identifiers * Usage data (pages visited, services used, clickstream data) * Cookies & Trackers * Payment Information Source: Privacy Notice | * Account information * Name * Password * User Inputs * Feedback * Communications with Company * IP Address * Device type * Operating System * Browser info * Unique identifiers * Usage data (pages visited, services used, clickstream data) * Cookies & Trackers * Payment Information Source: Privacy Policy | * Account information * Name * Password * User Inputs * Feedback * Communications with Company * IP Address * Device type * Operating System * Browser info * Unique identifiers * Usage data (pages visited, services used, clickstream data) * Cookies & Trackers * Payment Information Source: Privacy Policy | |||
13 | Indirect Data Collection | * Model Training data (internet, publicly available data, licensed data, data provided by trainers) * Third party services (integration with other platforms) | * Model Training data (internet, publicly available data, licensed data, data provided by trainers) * Third party services (integration with other platforms) | * IP address * Unique device identifiers * Cookies * Device and network connection information * Device model * Operating system * Keystroke patterns or rhythms * System language * Service-related data * Diagnostic, and performance information (crash reports and performance logs) * Device ID and user ID * Payment order and transaction information * Usage information * OAuth (Google/Apple Auth) * Advertising, mresurement, and third parties (purchase activities, mobile identifiers, hashed email addresses, phone numbers, cookie identifiers) | * IP address * software version number * operating system version number * Equipment identifiers * network access method * type * status * network quality data * operation * use * service log * equipment sensor data (such as acceleration sensors, gyroscope sensors). * Camera settings * De-identified data * Cookies | * Model Training data (internet, publicly available data, licensed data, data provided by trainers) * Third party services (integration with other platforms) Source: Privacy Notice | * Model Training data (internet, publicly available data, licensed data, data provided by trainers) * Third party services (integration with other platforms) | * Model Training data (internet, publicly available data, licensed data, data provided by trainers) * Third party services (integration with other platforms) | |||
14 | Data Retention | "as long as reasonably necessary for the purposes and criteria outlined in this Privacy Policy". Individual conversations can be deleted by users, and they will be removed from the user's history immediately and automatically deleted from Anthropic's back-end within 30 days. Source: Section 6, Privacy Policy | Not specified. | Not specified. | Apps activity is stored within Google account for up to 18 months. This can be changed by the user from 3 or 36 months in the Activities Setting. Content reviewed by human reviewers is retained for up to 3 years. Source: Privacy Notice | No set retention. "For only as long as we need in order to provide our Services to you, or for other legitimate business purposes." Otherwise, the data retention depends on "several factors, including the purpose of data processing, the nature of the information, the risk of harm from unauthorized use or disclosure, and legal requirements." ChatGPT temporary chats will be kept for up to 30 days for "safety purposes." Source: Section 4, Privacy Policy | No set retention period. For "as long as reasonably necessary for the purposes specified.", "we consider various criteria, including whether we need the information to continue to provide you the Services, resolve a dispute, enforce our contractual agreements, prevent harm, promote safety, security and integrity, or protect ourselves, including our rights, property or products." If a user deletes their account, Perplexity aims to delete personal information from servers within 30 days. Sections 8, 11, Privacy Policy | ||||
15 | Company Liability | Not liable for errors caused by third-party payment processors. Disclaims warranties related to fitness for purpose, title, merchantability, accuracy, availability, reliability, security, privacy, compatibility, non-infringement. Liability limited for foreseeable loss. No liability for loss of profits / business etc. Liability limited to (a) the amount you paid to us for access to or use of the Services in the six months prior to the event giving rise to the liability, and (b) €100. Source: Section 10, ToS | Not responsible for actions of third-party websites or services linked on the platform. Employs security practices but does not guarantee the security of personal information. Liability limited to fees paid. Source: T&Cs | Not liable for incidental, consequential, punitive, special, or indirect losses. Liability limited to service fees consumed in the past twelve months. Source: Section 7.2, ToS | Not liable for indirect, incidental, special, consequential, or exemplary damages. Google’s total liability arising out of or relating to these terms is limited to the greater of (1) €500 or (2) 125% of the fees that you paid to use the relevant services in the 12 months before the breach. Third-party beneficiaries (affiliates, suppliers, licensors, distributors) benefit from this limitation. Google General ToS (no separate ToS for Gemini) | Not liable for indirect, incidental, special, consequential, or exemplary damages. Aggregate liability limited to the greater of the amount paid for the service in the past 12 months or $100. Third-party beneficiaries (affiliates, suppliers, licensors, distributors) benefit from this limitation. Source: ToU | Not liable for content created, uploaded, or shared by users or third parties. No responsibility or liability to users for the infringement of the rights of any third party in your use of any Output. Disclaims warranties regarding the completeness, accuracy, security, or reliability of the services. Liability limited to the greater of $100 or the amount paid in the past six months for the services. Source: Sections 8.1, 8.2, ToS | ||||
16 | Indemnification | No explicit indemnification clause for users. Source: Section 10, ToS | Users indemnify Bytedance for liability arising from their violation of the Terms of Use. Source: T&Cs | Users indemnify DeepSeek and its affiliates for liability arising from their breach of the terms, violation of laws, or misconduct. Source: Section 7.4, ToS | Users idemnify Google and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees, except to the extent a liability or expense is caused by Google's breach, negligence, or willful misconduct. If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. Source: Privacy Notice | Business users indemnify OpenAI for liability from their use of services and content or violation of terms. Source: ToU | Users indemnify Perplexity for liability arising from their breach of terms, violation of rights, misuse of services, user content, or negligence. Source: Section 8.3, ToS | ||||
17 | Arbitration / Courts | Arbitration not mentioned; Lawsuits for EEA individuals will be in Irish Courts, buit consumers can also file locally. Source: Section 12, ToS. | Arbitration is not mentioned; Chinese courts, applying Chinese law. Source: T&Cs | Arbitration not mentioned. "Amicably through negotiation" first, otherwise courts located in the 'registered office of Hangzhou DeepSeek Artificial Intelligence, Co.' Source: Section 9.2, ToS | No arbitration clause, governing law and courts of the user's country of residence (for EEA users) Source: Privacy Notice | Yes; California Law, and JAMS arbitration (also court for EEA users) Source: ToU | Yes; Mandatory binding arbitration, and a class action waiver. JAMS for arbitration. Source: Section 9, ToS | ||||
18 | Data Storage | China | China | China | |||||||
21 | User Rights | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | Breakdown Chart of Privacy-Specific Terms | ||
22 |