Artificial intelligence has been used across the retail industry for years, powering everything from product recommendations and personalization to search and customer service. Now, as generative AI and AI-powered shopping tools move into the mainstream, the technology is becoming a more visible part of the consumer experience – and a more prominent legal issue for companies across the retail landscape. Companies are deploying AI-powered search, shopping assistants, product recommendations, customer service tools, and increasingly, autonomous commerce capabilities that allow AI agents to shop on consumers’ behalf. As these technologies become embedded in e-commerce, companies are updating their legal terms to address questions that regulators and courts have only begun to confront.
TFL’s Retail AI Terms Tracker monitors how leading retail companies are addressing AI in their terms of use, privacy policies, and related customer-facing agreements. The database tracks the emergence of new legal provisions governing generative AI, agentic commerce, AI-generated content, data usage, liability, intellectual property, automated decision-making, and other issues shaping the next generation of retail.
Rather than offering legal analysis alone, the tracker provides a longitudinal view of how retail companies are adapting their contractual frameworks as AI takes on a larger role in consumer-facing retail. TFL will review and update the tracker quarterly as companies revise their terms and introduce new AI-related policies.
Last Updated: Sept. 1, 2026
| COMPANY | RETAIL CATEGORY | AI TERMS? | POLICY DATE | AI USE CASES | LEGAL ISSUES | SUMMARY | SOURCE DOCUMENT |
|---|---|---|---|---|---|---|---|
| Amazon.com | E-commerce / Marketplace | Yes | May 30, 2025 | AI-Generated Content; Personalization & Recommendations; Internal AI | AI Training; Data Collection; AI Safety; Third-Party AI | Describes Amazon’s development and deployment of generative AI services, including the use of licensed, proprietary, synthetic, open-source, and publicly available training data. It also outlines model evaluation, human and automated testing, red teaming, safety controls, and the use of Amazon-built and third-party foundation models. | Generative AI Development Disclosure |
| American Eagle | Apparel | Yes | Jun 19, 2026 | Chatbots / Conversational AI | Liability; Data Collection; AI Training; Professional Advice; AI Safety; Third-Party AI | Provides a dedicated AI chatbot disclosure covering collection, storage, analysis, and retention of chatbot conversations. It warns that responses may be incomplete or inaccurate, disclaims legal, medical, and professional advice, grants a license to use chatbot interactions, and prohibits harmful or disruptive uses. | Terms of Use |
| Apple | Consumer Electronics | No | Nov 20, 2009 | — | — | No AI-specific language was identified in the source reviewed. | Apple Website Terms of Use |
| Bath & Body Works | Beauty | Yes | Jan 31, 2025 | Chatbots / Conversational AI; AI-Generated Content; Personalization & Recommendations | Liability; Data Collection; AI Training; Confidentiality; Third-Party AI | States that third-party service providers process, record, and retain chatbot interactions. It warns users not to submit personal, confidential, or proprietary information and permits customer information to be used to develop, train, and improve AI for recommendations, communications, content generation, operational efficiency, and personalized experiences. | Terms of Use |
| Best Buy | Consumer Electronics | Yes | Oct 1, 2025 | Chatbots / Conversational AI; Product Information; AI-Generated Content | Liability; Professional Advice | Warns that AI may generate product information, ideas, inspiration, summaries, contextual information, or chat responses and that such content may be inaccurate or incomplete. AI-generated statements about Best Buy’s legal terms or policies are non-binding, and Best Buy limits liability for inaccurate AI-generated information. | Terms and Conditions |
| Cartier | Luxury | Yes | Sep 1, 2025 | — | AI Training; Anti-Scraping | Cartier prohibits automated access, copying, or distribution of platform content for the purpose of compiling data to train artificial intelligence systems without prior written approval. The restriction expressly excludes automated means used for search engine optimization. | Terms of Use |
| Chanel | Luxury | No | Sep 1, 2019 | — | — | No AI-specific language was identified in the source reviewed. | Legal Statement |
| Coach | Luxury | Yes | Mar 18, 2026 | Personalization & Recommendations; AI Search & Discovery; Chatbots / Conversational AI; AI-Generated Content | AI Training; Liability; Data Collection; Third-Party AI | Coach prohibits use of its site content in connection with artificial intelligence or machine-learning systems without permission. It also discloses that its site may use AI- and ML-enabled features, including product recommendations, search, virtual try-on, chatbots, personalized content, and image or text generation. Coach warns that AI-generated outputs may be inaccurate or incomplete, disclaims liability for reliance on AI-generated content, describes the data used to support AI features, and states that it will update its AI disclosures as legal requirements evolve. | Terms of Use |
| Foot Locker | Athletic Apparel & Footwear | No | Apr 1, 2023 | — | — | No AI-specific language was identified in the source reviewed. | Terms of Use – https://help.footlocker.com/hc/en-us/articles/360034292814-Terms-of-Use-Comprehensive |
| Gap | Apparel | No | Feb 3, 2025 | — | — | No AI-specific language was identified in the source reviewed. | Terms of Use |
| Gucci | Luxury | No | Sep 1, 2025 | — | — | No AI-specific language was identified in the source reviewed. | Terms of Use |
| H&M | Apparel | Yes | Jun 28, 2024 | — | Anti-Scraping | Prohibits spiders, bots, crawlers, avatars, intelligent agents, and similar tools from navigating or searching the site or copying its content. | Terms of use – https://www2.hm.com/en_us/customer-service/legal-and-privacy/terms-of-use.html |
| Hermès | Luxury | No | Jun 19, 2026 | — | — | No AI-specific language was identified in the source reviewed. | General Terms & Conditions |
| IKEA North America | Home Furnishings | No | May 1, 2026 | — | — | No AI-specific language was identified in the source reviewed. | Terms and conditions – https://www\.ikea.com/us/en/customer-service/terms-conditions/ |
| L’Oréal Paris | Beauty | Yes | Jul 1, 2026 | Chatbots / Conversational AI; AI-Generated Content | AI Training; Liability; Confidentiality; Professional Advice; Human Review; AI Safety | L’Oréal Paris permits users to submit prompts that generate AI-powered outputs while prohibiting use of the site or its outputs to train or improve AI models. It warns that AI outputs may be inaccurate, are provided for informational purposes only, do not constitute medical advice, are not monitored by humans, prohibits submission of confidential or sensitive information, and establishes extensive acceptable-use restrictions governing AI interactions. | Terms of Use |
| Louis Vuitton | Luxury | No | Aug 11, 2016 | — | — | No AI-specific language was identified in the source reviewed. | Terms of Use |
| Lululemon | Athletic Apparel | No | Aug 19, 2025 | — | — | No AI-specific language was identified in the source reviewed. | Terms of Use |
| Macy’s | Department Store | No | Jan 1, 2023 | — | — | No AI-specific language was identified in the source reviewed. | Macy’s Notice of Privacy Practices, Legal Notice |
| Mercedes-Benz | Automotive | No | Nov 1, 2019 | — | — | No AI-specific language was identified in the source reviewed. | Terms of Use |
| Moda Operandi | Luxury E-commerce | Yes | Mar 16, 2026 | Shopping Agents | Agentic Commerce | Expressly recognizes orders placed or authorized through AI agents, automated shopping tools, or other electronic agents. Customers agree that transactions conducted through those tools remain subject to Moda Operandi’s terms and conditions. | Terms & Conditions – https://www\.modaoperandi.com/terms |
| Neiman Marcus | Luxury Retailer | No | Aug 8, 2025 | — | — | No AI-specific language was identified in the source reviewed. | Privacy Policy & Terms of Use – https://assistance.neimanmarcus.com/privacy |
| Nike | Athletic Apparel & Footwear | Yes | Oct 1, 2025 | — | AI Training; Anti-Scraping | Prohibits using Nike content, data, or information to develop, create, train, test, fine-tune, prompt, benchmark, improve, or validate machine-learning or AI tools, models, systems, algorithms, products, or other technologies. | Terms of Use – https://agreementservice.svs.nike.com/us/en_us/rest/agreement?agreementType=termsOfUse&uxId=com.nike.commerce.nikedotcom.web&country=US&language=en&requestType=redirect |
| Nordstrom | Luxury Retailer | Yes | May 27, 2026 | Product Information | Liability | Discloses that product descriptions, specifications, attributes, safety warnings, and usage guidance may be generated or enhanced using AI and may contain errors, omissions, or approximations. Nordstrom does not guarantee the accuracy or completeness of site information and may correct it after an order is submitted. | Terms & Conditions |
| Sephora | Beauty | Yes | Apr 15, 2025 | AI-Generated Content | Liability; AI Training; Anti-Scraping | Discloses that product-description and customer-review summaries may be created with AI and may omit nuance or detail. Sephora does not guarantee their completeness or accuracy and prohibits extracting site data to develop or train AI. | Terms of Use – https://www\.sephora.com/beauty/terms-of-use |
| Shein | Apparel | No | Apr 10, 2026 | — | — | No AI-specific language was identified in the source reviewed. | Terms & Conditions |
| T.J. Maxx | Off-Price | Yes | May 16, 2025 | — | AI Training; Anti-Scraping | TJ Maxx prohibits users from scraping, crawling, or spidering its website to develop or improve software programs, algorithms, machine-learning systems, or artificial intelligence models. The restriction permits public search engines to index the website for search purposes but otherwise prohibits automated data collection without authorization. | Terms of Use |
| Target | Mass Merchant | Yes | Apr 15, 2026 | Shopping Agents; AI Checkout | Agentic Commerce; Liability; Data Collection; Third-Party AI; AI Safety | Authorizes approved AI agents to access customer accounts, create or modify carts, place orders, and initiate returns within user-approved limits. Actions taken within those permissions are treated as customer-authorized, and Target may suspend agent access for fraud, misuse, security concerns, or policy violations. | Terms & Conditions |
| Tesla | Automotive | Yes | Feb 1, 2026 | — | Data Collection | Tesla discloses that its vehicles generate AI data, including data from vehicle systems and cameras. It states that AI data is processed directly within the vehicle by default for features such as lane detection, traffic sign recognition, and traffic light detection, and that vehicle and infotainment data are not associated with a customer’s identity or account by default. | Privacy Notice |
| Ulta Beauty | Beauty | Yes | Apr 1, 2026 | AI Checkout; Chatbots / Conversational AI; AI-Generated Content | Agentic Commerce; Liability; Data Collection; Confidentiality; Professional Advice; Third-Party AI | Governs native checkout through Google’s AI interfaces, with Ulta remaining merchant of record and final pricing confirmed only through Ulta’s order acknowledgment. Its AI chat terms warn against sharing sensitive information, permit recording and processing of chats, disclaim accuracy and liability, and exclude legal, financial, medical, and other professional advice. | Terms and Conditions |
| Uniqlo | Apparel | No | Apr 28, 2026 | — | — | No AI-specific language was identified in the source reviewed. | Terms & Conditions |
| Urban Outfitters | Apparel & Lifestyle | Yes | Jan 9, 2026 | Chatbots / Conversational AI; Personalization & Recommendations; AI Search & Discovery; AI-Generated Content | Liability; Data Collection; AI Training; Anti-Scraping; Confidentiality; Human Review; AI Safety; Third-Party AI | Covers chatbots, personalized recommendations, visual search, AI-generated images and models, and AI translations. It permits collection and storage of conversations, searches, and images; allows user content to train and improve models; restricts scraping for AI training; warns against sensitive submissions; and states that legally significant decisions remain subject to human review. | Terms of Use – https://www\.urbanoutfitters.com/help/terms-of-use |
| Victoria’s Secret | Apparel & Intimates | No | Sep 22, 2025 | — | — | No AI-specific language was identified in the source reviewed. | Terms of Use – https://www\.victoriassecret.com/us/site-terms-and-notices |
| Wayfair | Home Furnishings | Yes | Jan 29, 2026 | Chatbots / Conversational AI; AI-Generated Content; Product Information | Liability; Data Collection; AI Training; AI Ownership; Confidentiality; AI Safety; Third-Party AI | Regulates chatbots, generative AI, and AI-generated images, descriptions, and renderings. It warns that outputs and pricing may be inaccurate, permits inputs and shopping data to improve AI features, states that outputs are owned by Wayfair, prohibits harmful or deceptive uses, and disclaims responsibility for third-party AI services and inaccurate outputs. | Terms of Use |
| Williams-Sonoma | Home Furnishings | Yes | Apr 22, 2026 | Internal AI; Personalization & Recommendations; AI Search & Discovery | AI Training; Anti-Scraping; AI Safety | Prohibits third parties from using site materials, data-mining tools, or automated extraction methods to develop or improve AI or machine-learning models. At the same time, it reserves broad rights for the company and its service providers to use AI for customer support, personalization, recommendations, search, moderation, analytics, fraud prevention, security, and compliance. | Terms and Conditions |
| Zara | Apparel | Yes | Nov 4, 2025 | Chatbots / Conversational AI; AI Search & Discovery | Liability; Human Review; Professional Advice; AI Safety | Zara’s AI Assistant helps users search for products, generate recommendations, answer order-related questions, and assist with purchases. The company states that the Assistant’s responses are non-binding, may be inaccurate or incomplete, do not constitute professional or legal advice, and are not a substitute for human judgment. Zara uses automated systems and human review to moderate AI interactions and may restrict access to AI features or suspend accounts for misuse. | Legal Notice – Use of Artificial Intelligence on Zara.com |
Methodology
The Fashion Law’s Retail AI Terms Tracker reviews publicly available, customer-facing terms of use, privacy policies, AI policies, and related legal notices to identify how leading retailers and consumer-facing brands are addressing artificial intelligence in their contractual and policy frameworks. The tracker records whether AI-specific language appears in the documents reviewed and, where applicable, categorizes the relevant provisions by AI use case and legal issue.
Companies were selected primarily based on the National Retail Federation’s Top 100 Retailers (2025) and Top 50 Global Retailers (2026) rankings, with additional fashion, luxury, beauty, automotive, and other consumer-facing companies included based on their relevance to The Fashion Law’s coverage. Where an NRF ranking identifies a parent company, the tracker generally reviews a principal consumer-facing brand under that company’s umbrella rather than the parent company itself (for example, Zara rather than Inditex and Uniqlo rather than Fast Retailing).
For consistency, reviews were conducted using the U.S. version of each company’s website, where available, or the default version otherwise, as accessed through U.S.-based browsers. The tracker focuses on publicly available legal documents and policies governing consumer interactions and does not purport to capture every internal AI policy, corporate AI initiative, or use of AI by a company.
The policy date reflects the effective, updated, or other date stated in the document reviewed, where one was available. A designation of “No” under “AI Terms?” means that no AI-specific language was identified in the particular document or documents reviewed; it does not mean that the company does not use AI or address AI elsewhere. Companies are not selected based on whether their terms contain AI-related language, and the tracker includes companies for which no AI-specific provisions were identified in the documents reviewed.
The tracker is not intended to be exhaustive. The initial dataset reflects a selected group of companies across key retail and consumer sectors, with additional companies and new or materially revised AI-related terms and policies to be incorporated as part of TFL’s quarterly review. Historical entries will be preserved where appropriate to provide a longitudinal view of how these contractual frameworks evolve.
Elizabeth Bernstein assisted with research for this tracker.
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