Of course, you can simply ignore it, just like OpenAI is happy to ignore the terms of services on scraped websites and pirated ebooks and so on.

What are they going to do - claim your model is a derivative work of the training data?

> (e) use Output (as defined below) to develop any artificial intelligence models that compete with our products and services. However, you can use Output to (i) develop artificial intelligence models primarily intended to categorize, classify, or organize data (e.g., embeddings or classifiers), as long as such models are not distributed or made commercially available to third parties and (ii) fine tune models provided as part of our Services;

Depending on what kind of model they trained, they might be breaking these terms.