Data provacy

If the developer creates a tool using OpenAI API and it includes ChatGPT are there terms the user/participant has to agree to? Are they considered a ChatGPT ‘customer’ and are their responses and entries into the system subject to the same conditions as an individual from the general public when an individual uses regular ChatGPT? That is, is the content they enter now owned by ChatGPT OpenAI and used for future training?

Have you checked with OpenAI and read their terms of use?