Before Signing an AI Tool Agreement, Learn About These Legal Components

August 14, 2023

ai chatbot legal considerations

If you're anxious about introducing AI into your business, you're not alone. 

With the introduction of generative AI chatbots comes questions about the ethics and legalities of these tools. These chatbots create content based on prompts that users feed them.

But who owns the output of that interaction? How much of that information is stored and can be used by the AI company? What if personal information is shared? 

It's hard to deny the efficiency these AI chatbots can provide your business if you begin to harness them. Rather than fight the advance of AI, it's better to get into the conversation early on and help guide leaders on which tool is right for your business. 

I combed through the policies of the top five leading AI chatbot tools so you don't have to. Organized by the questions that are likely top of mind for you, you can quickly glance through this to identify which tool matches your company's needs.

Tip: Want to easily compare these tools side-by-side? Click here to download a PDF of this information and save it for future reference.

Do users own their own input?

In other words, is what you type into an AI chatbot owned by you, or is it owned by the company that created the AI chatbot?

do users own the input

ChatGPT

Short answer: Yes.

Long answer: As between the parties and to the extent permitted by applicable law, you own all Input. (Terms of Use, §3(a)).

Bard

Short answer: Yes.

Long answer: Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as reviews you write. Or you may have the right to share someone else’s creative content if they’ve given you their permission. (Terms of Service, License).

Bing Chat

Short answer: Yes.

Long answer: Microsoft does not claim ownership of Captions, Prompts, Creations, or any other content you provide, post, input, or submit to, or receive from, the Online Services. (Bing Conversational Experiences and Image Creator Terms, §8).

Jasper Chat

Short answer: Yes

Long answer: We claim no ownership rights over Customer Content created by you. The Customer Content you create remains yours. (Terms of Service, §3(a)).

Claude

Short answer: Yes

Long answer: Except as expressly provided in our Terms, you retain all right, title, and interest - including any intellectual property rights - that you have in and to your Prompts. (Terms of Service, §6(a)).

 

Do users own the output? 

This is all about who owns the content that the AI chatbot produces after you supply it with a prompt. For example, if the AI chatbot provides an article based on the prompts that you asked, do you own that article or does the company that created the technology own it?

do users own the output

ChatGPT

Short answer: Yes, subject to user's compliance with the Terms of Use.

Long answer: Subject to your compliance with these Terms, OpenAI hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. (Terms of Use, §3(a)).

Bard

Short answer: Yes.

Long answer: Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as reviews you write. Or you may have the right to share someone else’s creative content if they’ve given you their permission. (Terms of Service, License).

Bing Chat

Short answer: Yes

Long answer: Microsoft does not claim ownership of Captions, Prompts, Creations, or any other content you provide, post, input, or submit to, or receive from, the Online Services. (Bing Conversational Experiences and Image Creator Terms, §8).

Jasper Chat

Short answer: Yes.

Long answer: We claim no ownership rights over Customer Content created by you. The Customer Content you create remains yours. (Terms of Service, §3(a)).

“Customer Content” means any content, in any form or medium, that is submitted, posted, displayed, transmitted, or otherwise made available on the Services by or on behalf of Customer. (Terms of Service, §1).

Claude

Short answer: No, only a right to "use" output.

Long answer: Subject to this Section 6(a) and without limiting Section 12, we authorize you to use the Results for the Permitted Use. (Terms of Service, §6(a)).

Does the provider warrant that the tool will be accurate (hallucination-free)?

Most of us have heard about AI tools having "hallucinations" or providing information that is not factually accurate. This is obviously not ideal. Let's see which tools warrant that the tool will be accurate.

does the provider warrant that the tool will be accurate

ChatGPT

Short answer: No

Long answer: We do not warrant that the services will be uninterrupted, accurate, or error free. (Terms of Use, §7(b)).

Bard

Short answer: No.

Long answer: The Services use experimental technology and may sometimes provide inaccurate or offensive content that doesn’t represent Google’s views. (Terms of Service, Disclaimers).

Bing Chat

Short answer: No.

Long answer: The Online Services are for entertainment purposes; the Online Services are not error-free, may not work as expected and may generate incorrect information. (Bing Conversational Experiences and Image Creator Terms, §9).

Jasper Chat

Short answer: No.

Long answer: WITHOUT LIMITING THE FOREGOING, JASPER, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT. (Terms of Service, §8).

Claude

Short answer: No.

Long answer: WE AND OUR PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, ACCURACY, AVAILABILITY, [OR] RELIABILITY. (Terms of Service, §12(a)).

Does the Provider grant itself a license to use user input and output for improving the AI Tool?

In other words, does the creator of the AI tool study your interactions in order to choose new product features or make product improvements?

grant license to use input and output for improvement

ChatGPT

Short answer: For API Content, no; for non-API Content, yes, unless user opts out.

Long answer: We do not use Content that you provide to or receive from our API (“API Content”) to develop or improve our Services. We may use Content from Services other than our API (“Non-API Content”) to help develop and improve our Services... If you do not want your Non-API Content used to improve Services, you can opt out by filling out this form. (Terms of Use, §3(c)).

Bard

Short answer: Yes.

Long answer: We need your permission if your intellectual property rights restrict our use of your content. You provide Google with that permission through this license. (Terms of Service, License).

This license is for the limited purpose of:

  • Operating and improving the services, which means allowing the services to work as designed and creating new features and functionalities.
  • Developing new technologies and services for Google consistent with these terms. (Terms of Service, License).

Bing Chat

Short answer: Yes.

Long answer: By using the Online Services, posting, uploading, inputting, providing or submitting content you are granting Microsoft... permission to use the Captions, Prompts, Creations, and related content in connection with the operation of its businesses (including, without limitation, all Microsoft Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Captions, Prompts, Creations, and other content you provide; and the right to sublicense such rights to any supplier of the Online Services. (Bing Conversational Experiences and Image Creator Terms, §8).

We plan to continue to develop and improve the Online Services. (Bing Conversational Experiences and Image Creator Terms, §9).

Jasper Chat

Short answer: Yes.

Long answer: By submitting, posting, displaying, providing, or otherwise making available any Customer Content on or through the Services, you expressly grant... to Jasper a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Customer Content and your name, voice, and/or likeness as contained in your Customer Content... for use in connection with the Services and Jasper’s... business, including without limitation in connection with modifying, improving, and enhancing artificial intelligence models, as well as promoting and redistributing part or all of the Services. (Terms of Service, §3(a)).

Claude

Short answer: Yes (only for improvement purposes).

Long answer: You grant to us an irrevocable, royalty-free, perpetual license to use all feedback, ideas, or suggested improvements you provide to us (through the Services or otherwise) regarding the Services, Prompts, or Results (collectively “Feedback”), and you agree that we and our Providers may use the Feedback--together with the related Prompts and Results or any derivative thereof--in any manner without any payment or credit to you, including in connection with our development, improvement, and marketing of our Services or other products or services. (Terms of Service, §10).

Does the Provider grant itself a license to use user input and output for external purposes?

Another way to think about this: will your interactions, including the information you share, be sent to other parties?

grant license to use input and output for improvement

ChatGPT

Short answer: Yes, to service providers.

Long answer: OpenAI may use Content to provide and maintain the Services. (Terms of Use, §3(a)).

To assist us in meeting business operations needs and to perform certain services and functions, we may provide Personal Information to vendors and service providers, including providers of hosting services, cloud services, and other information technology services providers, email communication software, and web analytics services, among others. (Privacy Policy, §3).

Bard

Short answer: Yes, to service providers (and maybe for other purposes).*

Long answer: This license allows Google to sublicense these rights to:

  • Other users to allow the services to work as designed, such as enabling you to share photos with people you choose
  • Our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purpose section below. (Terms of Service, License).

    *NOTE: While Google doesn't sell data directly, it bids it internally for advertising purposes.

Bing Chat

Short answer: Yes, to service providers

Long answer: By using the Online Services, posting, uploading, inputting, providing or submitting content you are granting Microsoft... permission to use the Captions, Prompts, Creations, and related content in connection with the operation of its businesses (including, without limitation, all Microsoft Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Captions, Prompts, Creations, and other content you provide; and the right to sublicense such rights to any supplier of the Online Services. (Bing Conversational Experiences and Image Creator Terms, §8).

Jasper Chat

Short answer: Yes

Long answer: By submitting, posting, displaying, providing, or otherwise making available any Customer Content on or through the Services, you expressly grant... to Jasper a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Customer Content and your name, voice, and/or likeness as contained in your Customer Content... for use in connection with the Services and Jasper’s... business, including without limitation in connection with modifying, improving, and enhancing artificial intelligence models, as well as promoting and redistributing part or all of the Services. (Terms of Service, §3(a)).

Claude

Short answer: Yes

Long answer: Anthropic discloses the categories of personal information described above between and among its affiliates and related entities.

Anthropic may disclose the categories of personal information described above with service providers and business partners for a variety of business purposes, including website and data hosting, ensuring compliance with industry standards, research, auditing, and data processing. (Privacy Policy, §4).

How are disputes resolved?

Have a disagreement that needs to be escalated? Find out what to expect from each tool below.

how are disputes resolved

ChatGPT

Short answer: Arbitration (with option to opt-out). Class actions and trials by jury are waived. 

Long answer: You and OpenAI agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by filling out this form within 30 days of agreeing to these arbitration terms or the relevant changes. (Terms of Use, §8(a)).

Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. (Terms of Use, §8(f)).

Bard

Short answer: No policy.

Bing Chat

Short answer: Arbitration. Class actions and trials by jury are waived for non-IP disputes. 

Long answer: We hope we never have a dispute, but if we do, you and we agree to try for 60 days, upon receipt of a Notice of Dispute, to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. By using the Online Services, posting, uploading, inputting, providing or submitting content you are granting Microsoft... permission to use the Captions, Prompts, Creations, and related content in connection with the operation of its businesses (including, without limitation, all Microsoft Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Captions, Prompts, Creations, and other content you provide; and the right to sublicense such rights to any supplier of the Online Services. (Microsoft Services Agreement, §15).

The term "dispute"... includes any claim or controversy... except disputes relating to the enforcement or validity of... intellectual property rights. (Microsoft Services Agreement, §15(a)).

Jasper Chat

Short answer: Arbitration (with option to opt-out). Class actions and trials by jury are waived; Jasper may file lawsuits for limited purposes. 

Long answer: This Section... requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Jasper. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and Jasper. (Terms of Service, §11(b)).

If you are a new Jasper user, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing Jasper.... (Terms of Service, §11(b)).

Nothing in this Section shall be deemed as: preventing Jasper from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights. (Terms of Service, §11(b)).

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY... YOU AND JASPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. (Terms of Service, §11(c)).

Claude

Short answer: Mediation and arbitration (with option to opt-out). Class actions and trials by jury are waived.

Long answer: You and Anthropic will endeavor to settle any Dispute by mediation under the Mediation Rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The place of mediation will be San Francisco, California. Any Dispute which has not been resolved by mediation as provided herein within 30 days after appointment of a mediator or such time period as you or Anthropic may otherwise agree, will be finally resolved by binding arbitration as described in this Section 14. If you are an individual consumer, you can opt out of arbitration within 30 days of the date that you first agreed to these Terms. (Terms of Service, §14(c)).

Does the user provide an indemnity? 

Indemnity here refers to an exemption from liability for damages. Find out which tools provide an indemnity.

does the user provide indeminity

ChatGPT

Short answer: Yes

Long answer: You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law. (Terms of Use, §7(a)).

Bard

Short answer: Yes

Long answer: If you’re a business user or organization: To the extent allowed by applicable law, you’ll indemnify 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. (Terms of Service, Liabilities).

Bing Chat

Short answer: Yes.

Long answer: You agree to indemnify and hold harmless Microsoft, its affiliates, employees and any other agents from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Online Services, including your subsequent use of any content from the Online Services and your breach of these Terms, the Microsoft Services Agreement, the Code of Conduct or violation of applicable law. (Bing Conversational Experiences and Image Creator Terms, §9).

Jasper Chat

Short answer: Yes.

Long answer: Customer shall defend, indemnify and hold harmless Jasper and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees). (Terms of Service, §9)).

Claude

Short answer: Yes.

Long answer: You agree to indemnify and hold harmless the Anthropic parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorneys’ fees and costs), and other losses arising out of or related to your breach or alleged breach of these terms; your access to, use of, or alleged use of the services or the materials; your feedback; any products or services that you develop, offer, or otherwise make available using or otherwise in connection with the services; your violation of applicable law or any third-party right; and any actual or alleged fraud, intentional misconduct, gross negligence, or criminal acts committed by you or your employees or agents. (Terms of Service, §12(d)).

What is the limitation of liability?

Discover the limitation of liability for the top five AI chatbot tools.

limitation of liability

ChatGPT

Short answer: Up to $100

Long answer: Neither we nor any of our affiliates or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages. Our aggregate liability under these terms shall not exceed the greater of the amount you paid for the service that gave rise to the claim during the 12 months before the liability arose or one hundred dollars ($100). (Terms of Use, §7(c)).

Bard

Short answer: Up to $200 or 12 months of the AI Tool's fee (whichever is greater). Only for gross negligence or willful misconduct claims of breaches of these terms or applicable service-specific additional terms.

Long answer: These terms don’t limit liability for gross negligence or willful misconduct. To the extent allowed by applicable law: Google is liable only for its breaches of these terms or applicable service-specific additional terms.

Google isn’t liable for: loss of profits, revenues, business opportunities, goodwill, or anticipated savings; indirect or consequential losses; punitive damages.

Google’s total liability arising out of or relating to these terms is limited to the greater of (1) $200 or (2) the fees paid to use the relevant services in the 12 months before the dispute.

If you’re a business user or organization: To the extent allowed by applicable law, you’ll indemnify 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. (Terms of Service, Liabilities).

Bing Chat

Short answer: Up to 1 month of the AI Tool's fee or $10 if the AI Tool is free.

Long answer: Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services. (Microsoft Services Agreement, §13).

Jasper Chat

Short answer: Up to 12 months of the AI Tool's fee or $50, whichever is greater.

Long answer: In no event will Jasper, its affiliates, agents, directors, employees, suppliers, or licensors' aggregate liability arising out of or related to this agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise exceed the total amounts paid to Jasper under this agreement in the twelve (12) month period preceding the event giving rise to the claim or $50,00, whichever is greater. (Terms of Service, §9).

Claude

Short answer: Up to 6 months of the AI Tool's fee or $100, whichever is greater.

Long answer: To the fullest extent permissible under applicable law, the Anthropic parties' total aggregate liability to you for all damages, losses and causes of action arising out of or in any way related to the services, the materials, or these terms, whether in contract, tort (including negligence) or otherwise, will not exceed the greater of the amount you paid to us for access to or use of the services (if any) in the six months preceding the date such damages, losses, and causes of action first arose and $100. The foregoing limitations are essential to these terms and we would not offer the services to you under these terms without these limitations. (Terms of Service, §12(c)).

What is the choice of law/venue?

Understand where each tool's choice of law or venue is. 

choice of law_venue

ChatGPT

Short answer: California.

Long answer: These Terms will be governed by the laws of the State of California, excluding California’s conflicts of law rules or principles. Except as provided in the “Dispute Resolution” section, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco County, California, USA. (Terms of Use, §9(l)).

Bard

Short answer: California.

Long answer: California law will govern all disputes arising out of or relating to these terms, service-specific additional terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts. (Terms of Service, Settling disputes, governing law and courts).

Bing Chat

Short answer: Law: your principal place of business. Venue: King County, WA. 

Long answer: If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms or the Services that are not heard in arbitration or small claims court. (Microsoft Services Agreement, §11).

Jasper Chat

Short answer: Delaware.

Long answer: You agree that: (i) the Services shall be deemed solely based in Delaware; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. This Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. (Terms of Service, §11(a)).

You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. (Terms of Service, §11(a)).

Claude

Short answer: California. 

Long answer: Our Terms will be governed by, and construed and interpreted in accordance with, the laws of the State of California without giving effect to conflict of law principles. If a lawsuit or court proceeding is permitted under our Terms notwithstanding Section 14, you and Anthropic agree that any such dispute will be litigated in the state or federal courts located in San Francisco, California, and you and Anthropic submit to the personal and exclusive jurisdiction of those courts. By using the Services, you waive any claims that may arise under the laws of other jurisdictions. (Terms of Service, §15(i)).

Does the Provider comply with DMCA's takedown policy (17 U.S.C § 512)?

The DMCA takedown policy is a way for people who own a copyright to get material that infringes on that copyright to be taken down from websites. 

comply with dmca takedown policy

ChatGPT

Short answer: Yes (without explicit reference to the DMCA). 

Long answer: We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers. (Terms of Use, §9(d)).

Bard

Short answer: Yes.

Long answer: It's Google's policy to respond to clear notices of alleged copyright infringement. (Digital Millenium Copyright Act, The Digital Millenium Copyright Act).

Bing Chat

Short answer: Yes.

Long answer: Microsoft uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, Microsoft may also disable or terminate accounts of users of Microsoft services who may be repeat infringers. (Microsoft Services Agreement, Notices).

Jasper Chat

Short answer: Yes.

Long answer: Since we respect artist and content owner rights, it is Jasper’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). (Terms of Service, §3(c)).

Claude

Short answer: No policy.

How do users file a notice of infringement?

Learn how to file a notice of infringement, depending on which tool you use.

notice of infringement

ChatGPT

Short answer: Submit a form or contact Provider's Copyright Agent.

Long answer: If you believe that your intellectual property rights have been infringed, please send notice to the address below or fill out this form. (Terms of Use, §9(d)).

Bard

Short answer: Submit a form.

Long answer: To file a notice of infringement with us, please file a complaint using the steps available at our legal troubleshooter. By selecting the appropriate product, the form will prompt you to provide all the information listed below that is required to submit a valid DMCA complaint. (Digital Millenium Copyright Act, Infringment Notification).

Bing Chat

Short answer: Submit a form or contact Provider's copyright agent.

Long answer: Microsoft respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. (Microsoft Services Agreement, Notices).

Jasper Chat

Short answer: Contact Provider's copyright agent.

Long answer: If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify Jasper’s copyright agent as set forth in the DMCA. (Terms of Service, §3(c)).

Claude

Short answer: No policy. 

Does the Provider process personal information that users input?

If a user were to share personal information while using an AI chatbot, does the tool process that information?

does the provider process personally identifiable information users input

ChatGPT

Short answer: Yes

Long answer: When you use our Services, we collect Personal Information that is included in the input, file uploads, or feedback that you provide to our Services (“Content”). (Privacy Policy, §1).

Bard

Short answer: Yes.

Long answer: We also collect the content you create, upload, or receive from others when using our services. This includes things like emails you write and receive, photos and videos you save, docs and spreadsheets you create, and comments you make on YouTube videos. (Privacy Policy, Things you create or provide to us).

Bing Chat

Short answer: Yes.

Long answer: The data we collect can include the following: Interactions. Data about your use of Microsoft products. In some cases, such as search queries, this is data you provide in order to make use of the products. In other cases, such as error reports, this is data we generate.

Other examples of interactions data include: Searches and commands. Search queries and commands when you use Microsoft products with search or related productivity functionality, such as interactions with a chatbot. (Microsoft Privacy Statement, Personal data we collect).

Jasper Chat

Short answer: Yes

Long answer: The Company may use Personal Data for the following purposes: (Privacy Policy, §2(g)). [Due to excess length, click link to see the aforementioned purposes].

We may share Your personal information in the following situations: (Terms of Service, §2(e)). [Due to excess length, click link to see the aforementioned situations].

Claude

Short answer: Yes.

Long answer: If you include personal information in your Prompts, we will also process that information. (Privacy Policy §1).

Are there restrictions on how users process or input personal information?

Discover what restrictions are present for how users input personal information.

restrictions on how we input_process PII

ChatGPT

Short answer: Yes

Long answer: If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law. If you will be using the OpenAI API for the processing of “personal data” as defined in the GDPR or “Personal Information” as defined in CCPA, please fill out this form to request to execute our Data Processing Addendum. (Terms of Use, §5(c)).

Bard

Short answer: No policy.

Bing Chat

Short answer: No policy.

Jasper Chat

Short answer: Yes

Long answer: You shall not, and shall not permit any Authorized Users to engage in... collecting or harvesting any personally identifiable information or other personal information, including account names, from the Services. In connection with your Customer Content, you affirm, represent, warrant and covenant [that]... you will not post... any person’s personal information without their consent. (Terms of Service, §2(e)).

Claude

Short answer: Yes.

Long answer: You also represent and warrant that your submission of Prompts to us will not violate our Terms, our Acceptable Use Policy, or any laws applicable to those Prompts—including intellectual property laws and any privacy or data protection laws governing personal information contained in your Prompts. (Terms of Service, §6(a)).

What are the data protection technical and organizational safeguards?

How does each tool protect data? Read on to find out.

Data Protection Technical and Organizational Safeguards

ChatGPT

Short answer: Data is retained using "commercially reasonable technical, administrative, and organizational measures" on U.S. servers.

Long answer: We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or email. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third-party websites. (Privacy Policy, §8).

By using our Service, you understand and acknowledge that your Personal Information will be processed and stored in our facilities and servers in the United States and may be disclosed to our service providers and affiliates in other jurisdictions. (Privacy Policy, §9). (NOTE: other international jurisdictions retain data differently)

Bard

Short answer: Data is retained in "world-class data centers" with encryption and other built-in security.

Long answer: When you upload a file of any type to Google Drive, it is stored securely in our world-class data centers. Data is encrypted in-transit and at-rest. If you choose to access these files offline, we store this info on your device.

Your Google Account comes with built-in security designed to detect and block threats like spam, phishing, and malware. Your activity is stored using strong industry standards and practices. (Your content is stored securely).

Bing Chat

Short answer: Data is retained through encryption on United States servers.

Long answer: Personal data collected by Microsoft may be stored and processed in your region, in the United States, and in any other country where Microsoft or its affiliates, subsidiaries, or service providers operate facilities.

With advanced encryption, Microsoft helps protect your data both at rest and in transit. (Microsoft Privacy Statement, Our retention of personal data).

Jasper Chat

Short answer: Data will be retained internationally using "all steps reasonably necessary" to keep it safe.

Long answer: Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. (Terms of Service, §2(g)). ‍

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of Your data and other personal information. (Terms of Service, §2(g)).

Claude

Short answer: Data may be transferred internationally; no safety measures provided.

Long answer: Anthropic is based in the United States. If, per the EU and/or UK GDPR, there is an international transfer of your personal information in connection with your use of the Website, including an onward transfer, Anthropic relies on appropriate safeguards, such as standard contractual clauses. You may ask us to provide further information about this, or to provide you with a copy of the appropriate safeguard, by contacting us as provided in this Privacy Policy. (Privacy Policy, §7).

You're ready, legally speaking

Now that you've explored all the legal implications of each popular AI chatbot, you're ready to make an informed business decision. Good luck! 

Curious about what the introduction of AI means for the legal industry in general? We break it down and share our predictions for the future.

ai chatbot
Torn between two tools?

Check out reviews for these different AI chatbots so you can pick the right one for your business.

ai chatbot
Torn between two tools?

Check out reviews for these different AI chatbots so you can pick the right one for your business.

Before Signing an AI Tool Agreement, Learn About These Legal Components Who owns the content created by AI chatbots? This comprehensive guide answers all your legal questions about using generative AI chatbots in business. https://learn.g2.com/hubfs/G2CM_FI683_Learn_Article_Images-%5BAI_Chatbot_Tools%5D_V1a.png
Eunice Buhler Eunice is General Counsel at G2 (the company’s first ever!). Entrepreneurialism has been part of Eunice her entire life: as a kid, she created a kid’s newspaper business, in middle school she founded a global non-profit, during her gap year she published a book, and in college she was immersed in Silicon Valley’s start-up culture at Stanford University. Professionally, she cut her teeth at a high-powered Chicago law firm and eventually traded client services for company-building. She loves using the practice of law to help grow businesses. When she’s not leading G2’s Legal department, she is volunteering for numerous charities focusing on healthcare, scholarships, and poverty alleviation. https://learn.g2.com/hubfs/eunice.jpeg https://www.linkedin.com/in/eunice-g-buhler-37880277

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