https://web.archive.org/web/20190224031626/https://blog.open...
> Chat History & Training Save new chats to your history and allow them to be used to improve ChatGPT via model training. Unsaved chats will be deleted from our systems within 30 days.
Most people do not change most default options. And companies know this.
If you dig into the Settings you can disable sharing chats with OpenAI, but you lose access to just about every feature including saving chats. You can only have one chat at a time, and if the window is closed or refreshed your chat is wiped. it's kind of like if opening a "Private Browsing" window prevented you from having a regular browsing window open and also had no tabs.
For some reason, they still retain your chat for "up to 30 days" despite not letting you save or access it after the page is refreshed.
They need to use an asynchronous system to be tracking when your chat becomes "finished" and then likely queue it up to a system looking to propagate deletes. They have to choose some kind of SLA on that and probably went with a common data privacy user data deletion window of 30 days.
That sentence does not claim OpenAI does not use such Content for other purposes besides "developing and improving the Services". For example, using the Content in a manner that potentially harms Samsung's business.
What does "develop or improve our Services" even mean? There is no definition.
Third, how would anyone outside of OpenAI know how OpenAI uses the Content. For example, what if OpenAI was using Content from Services other than the API for purposes other than "to develop and improve our Services" (assuming anyone could prove what thet even means). How would anyone outside of OpenAI discover this was happening?
If we search these "ToS" for phrases like "You will" or "You will not", we will see that users make promises to OpenAI. However if we search for phrases like "We will" or "We wil not", we see that there are no instances where OpenAI promises anything. IMHO, these "ToS" seem to be "ToU". Not to mention being found at "/policies/".
As a ChatGPT user, OpenAI does not owe you anything, unless perhaps you are Microsoft.
Let's imagine some far-fetched scenario where someone inside the company leaks information that suggests OpenAI is using Content from Services other than the API for purposes other than "improving or developing the Services". Then what?
OpenAI has not promised to refrain from using Content for certain purposes. There is no breach of these ToS if OpenAI uses the Content for whatever purpose it desires.
Maybe Samsung could claim something like (a) OpenAI misrepesented facts in their ToS, (b) that induced Samsung into using OpenAI, and (c) as a result damages to Samsung were incurred. Needless to say, that is a difficult-to-prove accusation. Whatever creative legal claims Samsung could could up with, none of them would fix damage already done to Samsung from its employees having used OpenAI.
Though, they don't define "developing and improving".
> Save new chats to your history and allow them to be used to improve ChatGPT via model training
“(c) Use of Content to Improve Services. 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. You can read more here about how Non-API Content may be used to improve model performance.”
[0] https://openai.com/policies/terms-of-use