Can a software company sell its internal data to AI?

Internal engineering, support and sales records vs. customer data in your product: what a software company can license.

Last updated 5 sources cited1 min read

Short answer: Often yes, for internal records: engineering tickets, support workflows, sales and internal chat. Customer data in your product is different: your terms and privacy promises control it, and the FTC warns against quietly changing them to allow AI training. Census counts 1,571 U.S. software publishers with 50+ employees.

On this page
  1. Internal vs customer data
  2. What's valuable
  3. Size
  4. Source code
  5. Frequently asked questions
  6. Sources

Internal vs customer data

Internal records are yours. Data your customers put in your product is governed by your contracts and privacy policy. The FTC says it 'may be unfair or deceptive' to adopt more permissive practices, such as using data for AI training, through 'a surreptitious, retroactive amendment' to terms (FTC).

What's valuable

Issue trackers, code review, support tickets and CRM histories are outcome records. Mode names four drivers: how many people work in the company's systems (today and at its peak), years of records, number of connected systems, and volume. Records that show outcomes, such as deals won or lost and jobs completed, raise the number (Mode affiliate FAQ).

Size

Mode lists 50+ employees for industries outside legal (10+) and accounting, medical and finance (15+) (Mode). micro1 asks for 30+ employees, mostly English data, and says it is prioritizing US companies (micro1).

Industry (U.S. firms, 2022)All firms30+ staff50+ staff100+ staff150+ staff
Software publishers (NAICS 5112, 2017 basis used by SUSB 2022)13,6742,0911,5711,064838
Computer systems design & related services, incl. MSPs (NAICS 5415)127,1478,3545,5833,2462,405

Source: U.S. Census Bureau, Statistics of U.S. Businesses 2022, detailed employment sizes. Firms (enterprises) by paid employees; contractors are not counted. Each column sums the Census size classes at or above that size.

Source code

Source code can be a trade secret or export-controlled; see our export controls guide.

This is general information, not legal advice. Talk to your own attorney or compliance advisor before you share or license any records.

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Frequently asked questions

Can we license support tickets that quote customer data?

Remove customer content or get counsel's view of your terms first.

Is a shut-down startup different?

See our guide on closed startups' Slack and email.

Sources

  1. FTC Office of Technology: Quietly changing your terms of service could be unfair or deceptive (Feb 13, 2024)ftc.gov
  2. Mode / BizBuyData referral pagebizbuydata.com
  3. micro1 company referral pagemicro1.ai
  4. U.S. Census Bureau, Statistics of U.S. Businesses 2022, detailed employment sizeswww2.census.gov
  5. Mode affiliate FAQ (PDF, dated Oct 14, 2026)bizbuydata.com

Referral-fee disclosure: we may be paid by a program if your company signs with it after using this site. General information only, not legal advice.

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