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Honestly, I'm surprised your lawyers let you post that here.

+1 for honesty and transparency



Typically with this sort of thing the way it really works is that you, the startup, use a service provider (like OpenAI) who publish their own external audit reports (like a SOC 2 Type 2) and then the SOC 2 auditors will see that the service provider company has a policy related to how it handles customer data for customers covered by Agreement XYZ, and require evidence to prove that the service provider company is following its policies related to not using that data for undeclared purposes or whatever else.

Audit rights are all about who has the most power in a given situation. Just like very few customers are big enough to go to AWS and say "let us audit you", you're not going to get that right with a vendor like Anthropic or OpenAI unless you're certifiably huge, and even then it will come with lots of caveats. Instead, you trust the audit results they publish and implicitly are trusting the auditors they hire.

Whether that is sufficient level of trust is really up to the customer buying the service. There's a reason many companies sell on-prem hosted solutions or even support airgapped deployments, because no level of external trust is quite enough. But for many other companies and industries, some level of trust in a reputable auditor is acceptable.


Thanks for the breakdown Seth! We did indeed get their SOC 2 Type II reports and made sure they showed no significant security vulnerabilities that will impact our usage of their service.




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