“Enterprise tier — they don't train on our data”
Our contract says our content isn't used for training
That is a promise not to learn from it. It is not a promise not to hand it over.
Enterprise agreements for AI tools commonly promise that customer content will not be used to train the supplier's models. That promise is usually kept, and it is a promise about one thing only. Not using data for training and not being able to be ordered to hand it over are separate questions, and the clause that covers the first says nothing about the second. Reading a supplier's own wording is enough to see it: the text is about training throughout, and about handing data over nowhere.
18 U.S.C. §2713 · checked 2026-09-04 · 18 U.S.C. §2705(b) · checked 2026-09-04
What to ask instead
Does that paragraph say anything about handing data over, or only about training?
Not learning from your work and not being able to be made to hand it over are two different promises. Enterprise terms nearly always make the first one, clearly and in writing. Look at the same paragraph for the second.
If the answer is a European company you can name, that settles it.
The other six
- “It's hosted in Europe”
- “We have SCCs and a DPA”
- “They're certified under the Data Privacy Framework”
- “We're on a sovereign cloud with a European operating entity”
- “It's encrypted, in transit and at rest”
- “Nothing sensitive goes in there”
Or run the whole test on your own company — about four minutes, nothing kept.