[gojomo]

That's an interesting angle, and barring explicit clarification from OpenAI, it'd be possible to see 'ChatGPT' either as an 'OpenAI API' (in a very general sense), or as not the same thing they mean by 'OpenAI API'.

However, I do see a help page (https://help.openai.com/en/articles/5722486-how-your-data-is...) that specifically identifies ChatGPT & DALL-E as examples of "non-API consumer services", confirming your interpretation.

(It's nice that they let even users of those services opt-out of such reuse – if you trust their processes & assurances.)

As OpenAI also offers a 'ChatGPT API', separate in entry-point & billing from the consumer-facing subscription (or free offering), it's a bit unclear what retention/retraining rules they intend to apply to that. And, unclear whether this 'Incognito ChatGPT' is actually backed by the "non-API consumer service" web-brwoser interface, or the 'ChatGPT API'.