I don't trust any of the providers, but at the same time I think you're reading into the terms too much for wrong reasons. Yes, you have to opt out. But:
> A subset of chats are reviewed by human reviewers
This is expected these days for threads which may make the provider liable. Just look at the recent death case due to bad GPT medication recommendation.
> Chats reviewed by human reviewers [...] are not deleted when you delete your activity. Instead, they are retained for up to three years.
They're being retained for legal purposes.
> Please don’t enter confidential information...
This is so they don't accidentally preserve it for review, but also they don't want you to share private info that the agent will post somewhere without an explicit approval.
Those points make sense for them, regardless what other T&C rules apply.
You cannot opt out, except by using only temporary chats. You cannot keep your chat histories visible to yourself only. If you want to access your previous chats, you cannot opt out of human review and training models on your chats.
> This is expected these days for threads which may make the provider liable. [...]
> They're being retained for legal purposes.
It’s a significantly wider usage than that:
A subset of chats are reviewed by human reviewers (including Google’s trained service providers) to help improve Google services. These include Gemini models, other generative AI models that power Gemini Apps, and technologies that help reduce unintended activations.
Reviewers assess if Gemini Apps’ responses were low-quality, inaccurate, or harmful. They also suggest better responses. We use their suggestions to help our models respond better in the future.
That’s in addition to the liability language:
Chats are also reviewed to keep Gemini safe and secure for everyone and to address violations of the Google Terms of Service, including the Generative AI Prohibited Use Policy. Reviewed chats are retained for up to three years.
https://support.google.com/gemini/answer/13594961?hl=en#huma...
Some important things to take away from this:
* They’re claiming to use chat transcripts for both training and for human review to improve training, not just for liability.
* They don’t define “subset”. It could be most chats.
* They make no promises of anonymizing content, just “disconnecting” it from the account.
* This is happening for free and paid user subscriptions, by default, and the only way to stop it is to turn off chat history altogether.
Azure's OpenAI terms are similar but more explicit with the safety and no-training terms.
Some chats are saved for 14-30 days IF they trigger a safety classifier, but they are never used to train future models or retained after that period, the objective is to verify safety. Simple as that.
If you are a business user, like in the case of Azure OpenAI, the analysis and priorities are quite different though, but the mechanism seems to be the same.
What you describe is almost certainly what the legal team who drafted the terms and processes had in mind.
But there's two reasons to bring cautionary attention to it anyway:
1. As a user, I may not be okay with those terms as they stand and may not have the legal insight to have intuited them. In as much as I have a choice, because of those terms, I may want to use Gemini less/differently or look at other providers that have crafted less shrewd and defensive legalese and processes.
2. As a executive or manager at Google, whether working directly in feature management, or advertising, or government compliance, these same terms define the framework for anything I want to develop. What "makes sense" from a defensive legal standpoint today can the open door for an exploitative or otherwise unexpected use later.
I get what you're saying here in terms of plausible or justifiable "innocence", but that probably shouldn't get in the way of some critical personal reflection for users.