1. What the document is: Anthropic's "Commercial Terms of Service" for API and business customers.
What this wiki found — complete, every page
Presence facts, not verdicts — each flagged term links to its definition and the exact clause on this page. Absence of a badge means the term isn't currently flagged here, not that the page is risk-free.
Independent reviews, where they had something to say
Claude.ai – Commercial Terms
Dataset: GenGA (Generative AI Governance Archive) — 11 AI services, 2025–present
GenGA (Generative AI Governance Archive) is this wiki’s Generative-AI dataset: raw policy snapshots captured by the Open Terms Archive
genai-euproject across 11 GenAI providers (ChatGPT, Claude.ai, DeepSeek, Google Generative AI Services, Le Chat, Llama API, Meta AI, Microsoft Copilot, Perplexity, Qwen Chat, xAI). Unlike PGAv2, GenGA has no pre-tagged risk scores — all risk scoring and keyword tagging on these pages is LLM-assigned by direct reading, spanning 2025–present.
Note: This page contains documented policy clauses. Risk assessment is qualitative and context-dependent. For analysis of patterns across platforms, see:
Source: sources/GenGA/Claude.ai/Commercial Terms/ (raw Markdown captures, Open Terms Archive genai-eu dataset — no pre-tagged JSONL exists for this source)
Last updated: 2026-03-11
Note on methodology: No pre-computed
risk_score/keywordfields exist for this source. Keyword tags and clause analysis on this page are LLM-assigned, using the same rubric/vocabulary as the PGAv2 pages plus new GenAI-specific tags (output ownership,input license,competing model ban,feedback). Treat as first-pass analysis, not externally verified ground truth. This wiki’s risk-scoring system was retired project-wide on 2026-06-21 (seemethodology.md§4) — no page, GenGA included, computes or displays a numeric risk score.
Overview
1. What the document is: Anthropic’s “Commercial Terms of Service” for API and business customers.
2. Input rights: The strongest customer-protective input-rights clause found in this dataset so far: “Anthropic agrees that Customer (a) retains all rights to its Inputs, and (b) owns its Outputs. Anthropic disclaims any rights it receives to the Customer Content under these Terms… Anthropic may not train models on Customer Content from Services.” Unlike OpenAI’s equivalent clause, which allows an opt-in exception, this is an unconditional ban with no opt-in mentioned in this document.
3. Output restrictions: §D.4 Use Restrictions bars customers from using the Services “to build a competing product or service, including to train competing AI models or resell the Services except as expressly approved by Anthropic” — the same competing-model-ban pattern found in Anthropic’s Acceptable Use Policy, here written into the commercial contract.
4. Non-explicit predatory clauses: §A.3 Feedback: “If Customer provides… Anthropic with feedback… Anthropic may use that feedback at its own risk and without obligation to Customer” — broad and unpaid, matching the Feedback clause pattern seen across every provider in this dataset.
5. Regulatory references: No explicit GDPR or EU AI Act citation in this document itself (a separate DPA — Data Processing Addendum — is referenced and incorporated by link), but the Governing Law clause carves out “Customers in the EEA, Switzerland, or UK” as a distinct category, governed by Irish law and Irish courts.
6. Regional variation: Yes, explicitly — “Governing Laws” and “Venue” differ for EEA/Switzerland/UK customers (Irish law, Irish courts) versus everyone else (California law, California courts).
7. Key risk to users: Low for business customers — this document is unusually protective on the core input/output/training question. The competing-model ban (§D.4) and the unpaid Feedback grant (§A.3) are the only notable restrictions, and both are standard across the other providers in this dataset.
Flagged Keywords & Risks (LLM-assigned)
output ownership,input license— “Customer (a) retains all rights to its Inputs, and (b) owns its Outputs… Anthropic may not train models on Customer Content from Services.” Why it matters: the strongest, most unconditional no-training commitment found in this dataset — it contrasts with OpenAI’s opt-in exception in its equivalent commercial contract.competing model ban— bars using the Services “to build a competing product or service, including to train competing AI models.” Why it matters: the same moat-protection pattern as OpenAI’s, with a similar “except as expressly approved” carve-out.feedback— an unpaid, no-obligation Feedback grant. Why it matters: identical to every other provider’s Feedback clause tracked in this dataset.
Regulatory & Research Context
Davidson et al. (2026), who studied Anthropic directly, would likely treat the unconditional “Anthropic may not train models on Customer Content from Services” commitment here as a notable departure from the training-related gray areas they document elsewhere in their cross-provider comparison, since it leaves no opt-in exception unlike OpenAI’s equivalent clause. Pandit et al. (2026) nonetheless find that “all terms” in their six-provider analysis, including Anthropic’s, “discard assurances regarding the quality, availability and appropriateness of the service,” a pattern that persists here through the uncompensated, no-obligation Feedback grant (§A.3) even as the surrounding Input/Output ownership language is unusually customer-protective.
Changes Summary
| Date | What changed |
|---|---|
| 2025-11-11 | Baseline version (first capture in this dataset). |
| 2026-03-11 | Cosmetic-only restructuring: every numbered list item renumbered with section-letter prefixes (e.g., “1.” → “A.1.”, “4.” → “D.4.”) and one new sentence added at the end of the Limits on Liability section (L.3.d, a standard “essential basis of the bargain” reliance clause). No substantive change to the ownership/training, competing-model-ban, or Feedback clauses. |
Version History
2025-11-11
- Explicit AI clause: YES
- Non-explicit predatory: YES
- Flagged keywords:
output ownership,input license,competing model ban,feedback
Clause: output ownership, input license
As between the parties and to the extent permitted by applicable law, Anthropic agrees that Customer (a) retains all rights to its Inputs, and (b) owns its Outputs. Anthropic disclaims any rights it receives to the Customer Content under these Terms. Subject to Customer’s compliance with these Terms, Anthropic hereby assigns to Customer its right, title and interest (if any) in and to Outputs. Anthropic may not train models on Customer Content from Services. “Inputs” means submissions to the Services by Customer or its Users and “Outputs” means responses generated by the Services to Inputs (Inputs and Outputs together are “Customer Content”).
Clause: competing model ban
4. Use Restrictions. Customer may not and must not attempt to (a) access the Services to build a competing product or service, including to train competing AI models or resell the Services except as expressly approved by Anthropic; (b) reverse engineer or duplicate the Services; or (c) support any third party’s attempt at any of the conduct restricted in this sentence.
Clause: feedback
3. Feedback. If Customer provides (in its sole discretion) Anthropic with feedback regarding the Services, Anthropic may use that feedback at its own risk and without obligation to Customer.
2026-03-11
- Explicit AI clause: YES
- Non-explicit predatory: YES
- Flagged keywords:
output ownership,input license,competing model ban,feedback
output ownership/input license unchanged from 2025-11-11.
Clause: competing model ban (wording updated — renumbered “D.4” with no substantive change)
D.4. Use Restrictions. Customer may not and must not attempt to (a) access the Services to build a competing product or service, including to train competing AI models or resell the Services except as expressly approved by Anthropic; (b) reverse engineer or duplicate the Services; or (c) support any third party’s attempt at any of the conduct restricted in this sentence.
Clause: feedback (wording updated — renumbered “A.3” with no substantive change)
A.3. Feedback. If Customer provides (in its sole discretion) Anthropic with feedback regarding the Services, Anthropic may use that feedback at its own risk and without obligation to Customer.