(note: last updated 21 November 2024 – see here for the update history.)
Table of Contents
Overview of AI tools and data practices
- ChatGPT (OpenAI)
- Google Gemini
- Anthropic Claude
- Microsoft Copilot (Consumer versions)
- Microsoft Copilot (Enterprise versions)
- Perplexity
- Poe (Quora’s AI Assistant Platform)
Content creation & audio tools
Summary of age requirements and data training
Overview of AI tools and Data Practices
The discussion around the use of generative AI tools in education is ongoing. With more institutions looking to implement these tools in classrooms and lecture theatres we wanted to investigate their user agreements. We have focused on two key questions to answer for now – whether the tool has an age requirement and whether the provider of the tool collects user inputs for training their models. We were keen to see what the current differences might be between a variety of generative AI tools and so looked at a selection of text, image and audio services. Of course, this technology is constantly evolving and changing so it’s worth noting that the information in this blog is correct at the time of our investigation.
We have looked primarily at tools which can be accessed free of charge as our focus is on those which are the most accessible to students. Many of these services do offer paid subscriptions and licenses which may have different terms to their free versions, and we may explore these in a later post.
The table below shows a selection of generative AI tools and their terms regarding age restrictions and using user inputs for training. This is by no means a complete list, but it can help us explore the terms under which different providers are offering their services.
The information below is correct at the time of publishing:
These all refer to individual unpaid accounts. For products/providers that offer educational licensing we aim to add soon. In the mean time if you have an educational license please refer to the Ts&C’s for that product.
| Generative AI Tool/Provider | What is the age requirement? | Can user inputs be used to train AI models? | Training LLM Explanation |
| Text generation tools | |||
| OpenAI ChatGPT | 18 or 13 with parent/legal guardian’s permission | ChatGPT
Yes – unless you opt-out
|
Users can opt out of training in ChatGPT settings.
|
| Google Gemini | 18 | Yes – unless you opt-out | User inputs and outputs may be used to train models. Data where possible will be anonymised. Users can opt out of training in Gemini settings. |
| Anthropic Claude | 18 | No – unless you opt-in | User inputs and outputs are not used to train the models. However, prompts and conversations may be used to train where explicit permission has been given. Such as by submitting feedback, ideas, or suggested improvements and they take reasonable efforts to de-identify user data. |
| Microsoft Copilot (Consumer versions) | Over 18 or younger with parent/legal guardian’s permission |
No
|
User inputs have commercial data protection. |
| Microsoft Copilot (Enterprise versions including Copilot with commercial data protection and Copilot for Microsoft 365) | 18 |
No
|
User inputs have commercial data protection.
|
| Perplexity | 18 or 13 with parent/legal guardian’s permission | Yes – unless you opt-out | User inputs and outputs may be used to train models. |
| Poe | 13 | No – unless you opt-in | User inputs and outputs are not used to train the models. |
| Image generation tools | |||
| OpenAI DALL∙E | 18 or 13 with parent/legal guardian’s permission | ChatGPT
Yes – unless you opt-out
|
Users can opt out of training in ChatGPT settings.
|
| Midjourney | 13 | No | User inputs and outputs are not used to train the models. |
| Adobe Firefly – e.g. generative fill feature | 13 | No | User inputs and outputs are not used to train the models. |
| Accessibility & support tools | |||
| GrammarlyGo | 13 in the USA with parent/guardian’s consent.
16 outside the USA. |
Yes | User inputs and outputs may be used to train models. |
| Wordtune | 18 or 13 with parent/legal guardian’s permission | Yes | User inputs and outputs may be used to train models. |
| Scholarcy | 13 | No | User inputs and outputs are not used to train the models. |
| UpWord | 18 or 13 with parent/legal guardian’s permission | No | User inputs and outputs are not used to train the models. |
| Content creation & audio tools | |||
| AIVA.ai | No age requirement | Yes | User inputs and outputs may be used to train models. |
| GitHub Copilot | 13 | No | User inputs and outputs are not used to train the models. |
Summary of age requirements and data training
We have found that most of the services we looked at required users to be a minimum of 13 years old though several, including Anthrophic’s popular Claude chatbot, require users to be 18. This may be an important point to consider when recommending use of these tools at FE institutions or for anyone with younger students. We only found one service with no age requirement at all, AIVA, a tool for generating soundtrack music. As with many online tools there is often little or no requirement of users to actually verify their age or prove they have parental consent before gaining access to these tools. Student users therefore might easily be in breach of the age requirements, whether that is done accidentally or on purpose.
Providers too have quite different approaches to whether they use user submitted data for model training. Many providers we found were clear in their terms on whether they use inputted data for training but some offered less clarity or did not mention either way. In those cases we reached out directly to those providers and most returned a definitive answer. We are still awaiting clarification on some and will update this post when they respond.
Interestingly, of those that do use user data to train only a few stated that they anonymise that data where possible and these still advise users to refrain from inputting personal information into their systems in the first place.
Overall, this investigation has demonstrated the wide variety in the terms and conditions around the generative AI tools available. As many users, both staff and students, will be engaging with AI tools independently of their institution and outside of a typical institutional/enterprise license agreement it is important to encourage all users to be aware of how data they input into these services might be used and to exercise caution.
Change log
21 November 2024
Users can now opt out of allowing Google Gemini to use their prompts for training its model
31 October 2024
Users of Adobe Firefly age requirement changed to 13
16 October 2024
Fact checked and table of contents with anchor tags added.
26 September 2024
Microsoft have announced that Copilot will have the same data protection as Copilot 365.
06 August 2024
ChatGPT and DALL-E: Users can now generate images in ChatGPT. Both ChatGPT and DALL-E users can opt out of having their prompts used for model training in the ChatGPT settings tab.
Microsoft Copilot: Enterprise versions, including Copilot with commercial data protection and Copilot for Microsoft 365, added to the table, including age requirements and information on whether user prompts are used for training..
Midjourney: Clarification that Midjourney does not use individual user prompts to train its AI models.
Poe: Added to the table, including age requirements and information on whether user prompts are used for training.
Perplexity: Added to the table, including age requirements and information on whether user prompts are used for training.
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4 replies on “Navigating the terms and conditions of generative AI”
Have you looked at using POE with students under the age of 18? This seems to be a very popular AI tool for many colleges, and I would be interested in your views on its suitability for the 16 – 19 age group.
Hi there, we’re aware of POE but haven’t explored the use of it with students under 18 at this time, we are however currently developing further guidance around options for generative AI tools for under 18s which we intend to publish soon.
Hi, this is a great list, really helpful. Just to update, Google now allow you to opt out of LLM training when you use Gemini, putting it on a par with similar tools.
Hi Matt, thank you for the information I have had a look and updated the blog.