The data-use and training-rights clause governing customer: Which term in the vendor agreement should the
The concern is reuse of confidential inputs for training, which is controlled by the data-use and training-rights clause of the vendor agreement.
The question
A deployer procuring a third-party AI service is worried that confidential prompts its employees submit could be reused to train the vendor's future models. Which term in the vendor agreement should the deployer scrutinize most closely?
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- The data-use and training-rights clause governing customer inputs ✓Whether submitted inputs may be reused for training is precisely governed by the agreement's data-use and training-rights clause.
- The service-level clause defining uptime guarantees and support tiersA real contract term, but availability commitments say nothing about whether inputs are reused to train the model.
- The termination clause specifying notice periods and wind-down rightsAn important provision, yet it addresses ending the relationship rather than how submitted data may be used.
- The pricing clause defining per-seat fees and usage-based chargesA genuine commercial term, but cost structure is unrelated to whether confidential inputs feed vendor training.
The trap
Focusing on availability, exit or pricing terms while overlooking the clause that actually governs reuse of your data for training. How to remember it
The concern is reuse of confidential inputs for training, which is controlled by the data-use and training-rights clause of the vendor agreement.
How many of these would you get right?
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