Comment by NitpickLawyer

They've recently switched to opt-out instead. And even then, if you read the legalese they say "train frontier models". That would (probably) allow them to train a reward model or otherwise test/validate on your data / signals without breaking the agreement. There's a lot of signal in how you use something (e.g. accepted vs. rejected rate) that they can use without strictly including it in the dataset for training their LLMs.