This version was published and took effect on January 1, 2026; an earlier version is linked
The document states it was published on 1 January 2026 and is effective from January 1, 2026. A link to a previous version (dated 2024-12-11 in its address) is provided but that earlier text is not part of this analysis. This analysis covers only the January 1, 2026 text as saved.
Supporting quotations
Published: 1 January 2026
Effective: January 1, 2026
Qualifications & exceptions
Only the January 1, 2026 version is analyzed; the linked previous version was not supplied.
Not stated here
Whether OpenAI has published a later version after the saved copy was captured is not known from this source.
Legal Rights & Agreement Rules · Context
The Terms cover OpenAI's consumer services, bind you to OpenAI OpCo, LLC, and include Service Terms and arbitration
These Terms apply to your use of ChatGPT, DALL·E and OpenAI's other services for individuals, including associated apps and websites (together the "Services"). The agreement is between you and OpenAI OpCo, LLC, a Delaware company. The Terms incorporate OpenAI's separate Service Terms (linked, not supplied here) and contain mandatory arbitration provisions, which are explained in the dispute resolution cards. You accept the Terms by using the Services. The Terms, together with any Service-specific terms, are stated to be the entire agreement about the Services. If OpenAI later changes the Terms and you do not agree, your remedy is to stop using the Services; the General Terms cards explain the notice OpenAI gives for changes.
Supporting quotations
These Terms of Use apply to your use of ChatGPT, DALL·E, and OpenAI’s other services for individuals, along with any associated software applications and websites (all together, “Services”).
These Terms form an agreement between you and OpenAI OpCo, LLC, a Delaware company, and they include our
and important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms.
MANDATORY ARBITRATION. You and OpenAI agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration.
These Terms contain the entire agreement between you and OpenAI regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and OpenAI.
If you do not agree to the changes, you must stop using our Services.
Qualifications & exceptions
Covers services for individuals; business and developer products are governed by separate Business Terms.
Residents of the EEA, Switzerland and the UK are directed to separate terms (see the regional card).
The arbitration provisions apply to claims arising at any time, even before these Terms existed, subject to a 30-day opt-out explained in the dispute resolution cards.
Not stated here
The Service Terms are incorporated by link but were not supplied, so any additional obligations they impose are not known from this source.
How 'Service-specific terms' relate to or differ from the linked Service Terms is not defined in this document.
Legal Rights & Agreement Rules · Restriction or exception
Residents of the EEA, Switzerland or the UK are governed by separate terms, not these
If you reside in the European Economic Area, Switzerland or the UK, this document says your use of the Services is governed by a different set of terms, which it links to but which were not supplied. Everything else in this analysis therefore describes the terms for users outside those regions. This saved copy was retrieved from an en-GB address, but the text itself sends UK residents elsewhere, so the URL locale does not indicate regional applicability.
Supporting quotations
If you reside in the European Economic Area, Switzerland, or the UK, your use of the Services is governed by
Qualifications & exceptions
Applies by residence in the EEA, Switzerland or the UK, not by where the page was accessed.
Not stated here
The linked regional terms were not supplied; how they differ from this document is not known from this source.
ChatGPT Enterprise, the APIs and other business or developer services are governed by separate Business Terms
Use of ChatGPT Enterprise, OpenAI's APIs and its other services for businesses and developers is governed by OpenAI's Business Terms, which are linked but not supplied. Those products are outside the scope of this consumer document.
Supporting quotations
govern use of ChatGPT Enterprise, our APIs, and our other services for businesses and developers.
Not stated here
The Business Terms were not supplied; their content is not known from this source.
Legal Rights & Agreement Rules · Permission or license
You may use the Services only while complying with the Terms, applicable law, and OpenAI's linked policies
Your permission to access and use the Services is conditional on complying with these Terms. While using the Services you must also comply with all applicable laws and with OpenAI's Sharing & Publication Policy, Usage Policies, and any other documentation, guidelines or policies OpenAI makes available to you. Those policies are linked but not supplied, so the full set of conduct rules is not visible in this document alone; breach of the Usage Policies is also a stated ground for suspension or termination.
Supporting quotations
Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our
and any other documentation, guidelines, or policies we make available to you.
Qualifications & exceptions
The permission is subject to compliance with these Terms.
Other documentation, guidelines or policies OpenAI makes available are binding as well, without a closed list.
Not stated here
The Sharing & Publication Policy and Usage Policies were not supplied; their requirements are not known from this source.
Legal Rights & Agreement Rules · Restriction or exception
No illegal, harmful or abusive use, including infringing rights, copying or selling the Services, or reverse engineering
You may not use the Services for any illegal, harmful or abusive activity. The document gives examples rather than a closed list: using the Services in a way that infringes, misappropriates or violates anyone's rights; modifying, copying, leasing, selling or distributing any of the Services; attempting (or helping anyone) to reverse engineer, decompile or discover the source code or underlying components, including models, algorithms or systems, except to the extent applicable law prohibits that restriction; and interfering with or disrupting the Services, including circumventing rate limits or restrictions or bypassing protective measures or safety mitigations.
Supporting quotations
You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:
Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
Modify, copy, lease, sell or distribute any of our Services.
Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
Qualifications & exceptions
The listed items are examples ('For example'); the general prohibition on illegal, harmful or abusive activity is broader.
The reverse-engineering ban yields where applicable law prohibits such a restriction.
Legal Rights & Agreement Rules · Restriction or exception
Third-party software, services and their output are governed by their own terms; OpenAI disclaims responsibility
The Services may include third-party software, products or services ('Third Party Services'), and some features, such as the browse feature, may include output from those services ('Third Party Output'). Third Party Services and Third Party Output are subject to their own terms, and OpenAI says it is not responsible for them. Note that OpenAI's assignment of ownership in Output, explained in the Content cards, does not extend to Third Party Output.
Supporting quotations
Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.
Qualifications & exceptions
The browse feature is given as an example of a feature that may include Third Party Output.
Not stated here
Which third parties and which terms apply is not identified in this document.
Legal Rights & Agreement Rules · Context
Output may be inaccurate, incomplete or offensive; do not rely on it as sole truth or professional advice
OpenAI states that, because machine learning is probabilistic, using the Services may in some situations produce Output that does not accurately reflect real people, places or facts. By using the Services you agree that Output may not always be accurate and that you should not rely on it as a sole source of truth or factual information or as a substitute for professional advice. The Services may provide incomplete, incorrect or offensive Output that does not represent OpenAI's views, and a reference to a third party's products or services in Output does not mean that third party endorses or is affiliated with OpenAI. The warranty disclaimer later in the document repeats that use of Output is at your sole risk.
Supporting quotations
Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.
When you use our Services you understand and agree:
Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
Our Services may provide incomplete, incorrect, or offensive Output that does not represent OpenAI’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with OpenAI.
Qualifications & exceptions
Framed as something you 'understand and agree' when you use the Services.
Legal Rights & Agreement Rules · Restriction or exception
You must evaluate Output before using or sharing it and must not use Output about a person for consequential decisions
You agree to evaluate Output for accuracy and appropriateness for your use case before using or sharing it, including human review where appropriate. You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person; the document lists credit, educational, employment, housing, insurance, legal, medical and other important decisions as examples. These are obligations on you, separate from OpenAI's own disclaimer that Output may be inaccurate.
Supporting quotations
When you use our Services you understand and agree:
You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
Qualifications & exceptions
Human review is required 'as appropriate', not in every case.
The decision ban covers any purpose with a legal or material impact on a person; the listed decision types are examples.
Legal Rights & Agreement Rules · Restriction or exception
The Services come 'as is' with all warranties disclaimed, except where the law forbids that
OpenAI provides the Services 'as is'. Except to the extent prohibited by law, OpenAI, its affiliates and its licensors make no warranties of any kind, express, implied, statutory or otherwise, and disclaim all warranties, including merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, quiet enjoyment and any warranties arising from course of dealing or trade usage. OpenAI also does not warrant that the Services will be uninterrupted, accurate or error-free, or that any Content will be secure or not lost or altered. A separate clause acknowledges that some countries and states do not allow certain warranty disclaimers, in which case you may have additional rights.
Supporting quotations
OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights.
Qualifications & exceptions
Applies 'except to the extent prohibited by law'.
Where local law does not allow a disclaimer, it may not apply to you and you may have additional rights (see the local-law card).
Covers OpenAI, its affiliates and its licensors.
Legal Rights & Agreement Rules · Restriction or exception
Using Output is at your sole risk; you agree not to rely on it as sole truth or a substitute for professional advice
You accept that any use of Output from the Services is at your sole risk, and you agree that you will not rely on Output as a sole source of truth or factual information or as a substitute for professional advice. This repeats, in the warranty disclaimer, the no-reliance statement made in the Content section's accuracy clause.
Supporting quotations
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
Qualifications & exceptions
Stated twice in the document: in the Content section's accuracy clause and here in capitals as part of the warranty disclaimer.
Legal Rights & Agreement Rules · Restriction or exception
No indirect or consequential damages; total liability capped at 12 months of payments or $100, whichever is greater
OpenAI, its affiliates and its licensors will not be liable for indirect, incidental, special, consequential or exemplary damages, including lost profits, goodwill, use or data or other losses, even if advised they were possible. OpenAI's aggregate liability under these Terms is capped at the greater of the amount you paid for the service that gave rise to the claim during the 12 months before the liability arose, or one hundred dollars ($100). For a free user who paid nothing, that means the $100 figure. These limits apply only to the maximum extent permitted by applicable law, and a separate clause says that where your country or state does not allow such limits, the Terms limit OpenAI's responsibility only as far as that law permits.
Supporting quotations
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
Qualifications & exceptions
Applies only to the maximum extent permitted by applicable law; local law may give you additional rights.
The cap looks only at what you paid for the particular service that gave rise to the claim, in the 12 months before the liability arose.
Covers OpenAI, its affiliates and licensors; affiliates, suppliers, licensors and distributors are named as intended beneficiaries of this section.
Legal Rights & Agreement Rules · Restriction or exception
Where your country or state forbids these disclaimers or limits, they apply only as far as that law allows
The document acknowledges that some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages. In that case some or all of the warranty and liability terms may not apply to you and you may have additional rights, and the Terms limit OpenAI's responsibilities only to the maximum extent permissible in your country of residence. Which rights survive depends on the law where you live, which this document does not identify.
Supporting quotations
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
Qualifications & exceptions
Keyed to your country of residence.
Operates as an exception to the warranty disclaimer and the limitation of liability.
Not stated here
Which specific warranties or remedies survive under a given local law is not stated and depends on that law.
OpenAI's affiliates, suppliers, licensors and distributors can rely on the limitation-of-liability section
OpenAI's affiliates, suppliers, licensors and distributors are stated to be intended third-party beneficiaries of the limitation-of-liability section. In practice this means those companies, not only OpenAI, can invoke the exclusions and the cap against you.
Supporting quotations
OPENAI’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
Qualifications & exceptions
Limited to the limitation-of-liability section; it does not make them beneficiaries of the whole agreement.
Legal Rights & Agreement Rules · Restriction or exception
Business or organizational users must indemnify OpenAI for third-party claims from their use of the Services and Content
If you are a business or organization, then to the extent permitted by law you agree to indemnify and hold harmless OpenAI, its affiliates and its personnel from any costs, losses, liabilities and expenses, including attorneys' fees, arising from third-party claims that relate to your use of the Services and Content (your Input and Output) or to any violation of these Terms. The clause is expressly limited to businesses and organizations; it does not state an indemnity obligation for individual consumers.
Supporting quotations
If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.
Input and Output are collectively “Content.”
Qualifications & exceptions
Applies only if you are a business or organization, and only to the extent permitted by law.
Covers third-party claims arising from your use of the Services and Content or any violation of these Terms, including attorneys' fees.
Not stated here
Whether an individual whose employer-owned account is transferred to the organization's business account becomes subject to this clause is not stated.
Legal Rights & Agreement Rules · Restriction or exception
You cannot transfer your rights or obligations under the Terms; OpenAI can assign them to affiliates or successors
You may not assign or transfer any rights or obligations under these Terms, and any attempt to do so is void. OpenAI, by contrast, may assign its rights or obligations under the Terms to any affiliate, subsidiary, or successor in interest of any business associated with the Services, without needing your consent.
Supporting quotations
You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.
Qualifications & exceptions
OpenAI's assignment right is limited to affiliates, subsidiaries and successors in interest of a business associated with the Services.
Not stated here
Whether you would be notified of an assignment by OpenAI is not stated.
Legal Rights & Agreement Rules · Company practice
OpenAI may change the Terms or Services; materially adverse changes get 30 days' notice, others apply on posting
OpenAI may update these Terms or its Services from time to time as it develops them, giving as examples changes due to law or regulatory requirements, security or safety reasons, circumstances beyond its reasonable control, changes made in the usual course of developing the Services, and adapting to new technologies. For changes to the Terms that materially adversely impact you, OpenAI commits to at least 30 days' advance notice by email or an in-product notification. All other changes take effect as soon as they are posted on OpenAI's website. If you do not agree to a change, your stated remedy is to stop using the Services. Changes to the arbitration terms carry their own 30-day opt-out, explained in the arbitration card.
Supporting quotations
We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:
Changes to the law or regulatory requirements.
Security or safety reasons.
Circumstances beyond our reasonable control.
Changes we make in the usual course of developing our Services.
To adapt to new technologies.
We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.
Qualifications & exceptions
Advance notice of at least 30 days applies only to changes that materially adversely impact you; OpenAI judges which changes qualify.
Other changes are effective on posting, with no separate notice promised.
The listed reasons are examples ('For example'), not an exhaustive list of permitted grounds.
Not stated here
Whether continued use after a change counts as acceptance is implied by the 'stop using' remedy but not stated expressly.
Not enforcing a term is not a waiver, and invalid terms are trimmed rather than voiding the rest, except for arbitration
OpenAI's failure to enforce a provision does not waive its right to enforce it later. If any portion of the Terms is found invalid or unenforceable, that portion is enforced to the maximum extent permissible and the rest of the Terms remains enforceable. This general rule applies except as provided in the dispute resolution section, which has its own all-or-nothing rule where severance would permit class actions (see the arbitration-severability card).
Supporting quotations
Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
Qualifications & exceptions
The dispute resolution section's severability rule overrides this general one.
Legal Rights & Agreement Rules · Restriction or exception
Sanctions and export laws apply: no use in embargoed places or by restricted parties, no license-controlled Input
You must comply with all applicable trade laws, including sanctions and export control laws. The Services may not be used in or for the benefit of, or exported or re-exported to, any U.S. embargoed country or territory, or any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. The Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.
Supporting quotations
You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.
Qualifications & exceptions
References U.S. embargoed countries and territories specifically, alongside 'applicable trade laws' generally.
The Input restriction covers material that needs a government license for release or export.
Not stated here
Which countries, territories or parties are covered is set by the referenced laws, not listed in this document.
Legal Rights & Agreement Rules · Context
These Terms plus any Service-specific terms are the whole agreement and replace earlier agreements about the Services
These Terms contain the entire agreement between you and OpenAI regarding the Services and, other than any Service-specific terms, supersede any prior or contemporaneous agreements between you and OpenAI. Read with the opening clause, which says the Terms include OpenAI's Service Terms, this means the contract consists of this document together with service-specific terms, while the Privacy Policy is expressly outside it.
Supporting quotations
These Terms contain the entire agreement between you and OpenAI regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and OpenAI.
These Terms form an agreement between you and OpenAI OpCo, LLC, a Delaware company, and they include our
Qualifications & exceptions
Service-specific terms are carved out of the supersession and remain part of the deal.
The Privacy Policy is stated elsewhere not to form part of these Terms.
Not stated here
The document does not define 'Service-specific terms' or say whether the term means the linked Service Terms, other product terms, or both.
Legal Rights & Agreement Rules · Restriction or exception
California law governs; claims not sent to arbitration must be brought only in San Francisco courts
California law governs these Terms, excluding its conflict-of-laws principles. Except as provided in the dispute resolution section, all claims arising out of or relating to the Terms must be brought exclusively in the federal or state courts of San Francisco, California. Because most Disputes must go to binding arbitration, this court venue mainly matters for the claims the arbitration section leaves to courts: small-claims cases, the listed injunctive-relief claims, questions of enforceability and class-waiver validity, public injunctive relief, and anyone who opted out of arbitration.
Supporting quotations
California law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.
through final and binding arbitration
Qualifications & exceptions
Court venue applies 'except as provided in the dispute resolution section', which sends most Disputes to arbitration.
Residents of the EEA, Switzerland and the UK are governed by separate terms.
Not stated here
Whether the exclusive San Francisco venue displaces small-claims courts elsewhere is not addressed; the arbitration exceptions refer to small claims court without naming a location.
Legal Rights & Agreement Rules · Restriction or exception
Disputes go to binding arbitration, even claims predating these Terms, unless you opt out within 30 days
You and OpenAI agree to resolve any claim arising out of or relating to these Terms or the Services (a 'Dispute') through final and binding arbitration rather than in court, and this covers claims regardless of when they arose, even before these Terms existed. You can opt out of arbitration by filling out a linked form within 30 days of creating your account, or within 30 days after an update to these arbitration terms takes effect. If you opt out of an update, the last set of arbitration terms you agreed to continues to apply. The opening of the document flags that it contains important arbitration provisions. Separately, the General Terms promise at least 30 days' advance notice of changes that materially adversely affect you; that notice period runs before a change takes effect, while the arbitration opt-out window for an update runs for 30 days after it takes effect. Small-claims cases and certain injunctive relief are excluded (see the exceptions card), and the class action and jury waivers are explained separately.
Supporting quotations
YOU AND OPENAI AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
You and OpenAI agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by filling out
If you opt out of an update, the last set of agreed upon arbitration terms will apply.
important provisions for resolving disputes through arbitration
We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification.
Qualifications & exceptions
Opt-out windows: 30 days from account creation, or 30 days after an update to the arbitration terms takes effect, using the linked form.
Opting out of an update leaves the previously agreed arbitration terms in force rather than removing arbitration altogether.
Excludes individual small-claims court claims and injunctive or equitable relief against unauthorized use, abuse or IP infringement (see the exceptions card).
Does not apply to residents of the EEA, Switzerland or the UK, who are governed by separate terms.
Not stated here
The opt-out form was not supplied; what it requires and how confirmation is given are not known from this source.
Legal Rights & Agreement Rules · Procedure
Before any claim, both sides must try informal resolution for 60 days, with limitation periods paused
Before either you or OpenAI files a claim against the other, both agree to try to resolve the Dispute informally. You start by sending OpenAI notice through a linked form; OpenAI notifies you at the email address on your account. If the Dispute is not resolved within 60 days, either side may begin arbitration. Both sides also agree to attend an individual settlement conference if either requests one during this period. Any statute of limitations is tolled (paused) while the informal process runs, so the time does not count against your deadline to bring a claim.
Supporting quotations
Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice through
We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.
Qualifications & exceptions
Applies to both parties before filing any claim; small-claims and the listed injunctive-relief claims are excepted by the exceptions clause.
If the Dispute is not resolved within 60 days, either side may begin arbitration; the document does not say when the 60 days start. A settlement conference is required only if one party asks.
Not stated here
The informal-dispute form was not supplied; what information it requires is not known from this source.
Legal Rights & Agreement Rules · Procedure
Arbitration runs through NAM under its rules; OpenAI will not seek fees unless your claim is frivolous; the FAA governs
If informal resolution fails, either side may begin arbitration with National Arbitration and Mediation ('NAM') under its Comprehensive Dispute Resolution Rules and Procedures and, where applicable, its Supplemental Rules for Mass Arbitration Filings (linked, not supplied). OpenAI commits not to seek its attorneys' fees and costs in arbitration unless the arbitrator finds your claim frivolous. The document states that the activities under these Terms involve interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration terms and any arbitration.
Supporting quotations
If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable
OpenAI will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.
Qualifications & exceptions
OpenAI's no-fees commitment falls away if the arbitrator determines your claim is frivolous.
Which NAM rule set applies (standard or mass-arbitration) depends on the filing; the rules themselves were not supplied.
Not stated here
NAM's fee schedule and how arbitration fees are allocated between you and OpenAI are set by the linked NAM rules, not stated in this document.
Legal Rights & Agreement Rules · Procedure
One arbitrator decides by video where possible; San Francisco courts keep enforceability and public-injunction questions
The arbitration is conducted by videoconference if possible; if the arbitrator decides an in-person hearing is needed, it takes place at a mutually agreed location, in the county where you reside, or where the arbitrator determines, unless the batch arbitration process applies. A single arbitrator decides, who must be a retired judge or an attorney licensed in California. The arbitrator has exclusive authority over any Dispute, except that the state or federal courts of San Francisco, California decide any Dispute about enforceability, the validity of the class action waiver, or requests for public injunctive relief. Neither side may disclose settlement offer amounts to the arbitrator until after the final award, and the arbitrator may grant motions that dispose of all or part of a Dispute.
Supporting quotations
The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California.
The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of San Francisco, California have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.
Qualifications & exceptions
Hearing location rules yield to the batch arbitration process where that applies.
Court carve-outs: enforceability, validity of the class action waiver, and public injunctive relief go to San Francisco state or federal courts.
Legal Rights & Agreement Rules · Restriction or exception
Small-claims cases and injunctions against abuse or IP infringement skip informal resolution and arbitration
The dispute resolution section does not require informal dispute resolution or arbitration for two kinds of claims: individual claims brought in small claims court, and claims for injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation. Everything else that counts as a Dispute remains subject to the arbitration agreement.
Supporting quotations
This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.
The injunctive-relief exception is limited to stopping unauthorized use or abuse of the Services, or IP infringement or misappropriation; it is not a general right to sue for injunctions.
Legal Rights & Agreement Rules · Restriction or exception
Claims must be individual: no class or representative actions, and both sides waive jury trial
You and OpenAI agree that Disputes may be brought only on an individual basis, not as a plaintiff or class member in any class, consolidated or representative proceeding. Class arbitrations, class actions and representative actions are prohibited, and only individual relief is available. Any request for public injunctive relief is severed and litigated in court after arbitration of the underlying claim and all other claims is complete. The waiver does not prevent either side from taking part in a class-wide settlement. Both you and OpenAI also knowingly and irrevocably waive any right to a jury trial in any action, proceeding or counterclaim.
Supporting quotations
You and OpenAI agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and OpenAI knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.
Qualifications & exceptions
Public injunctive relief is not barred but is carved out to court, after arbitration of the rest of the claim.
Participation in a class-wide settlement remains possible.
If a court finding would otherwise allow class proceedings, the severability clause makes the whole dispute resolution section unenforceable (see the severability card).
Legal Rights & Agreement Rules · Procedure
If 25 or more similar claims are filed by related counsel within 90 days, NAM hears them in batches of up to 50
If 25 or more claimants represented by the same or similar counsel file arbitration demands raising substantially similar Disputes within 90 days of each other, you and OpenAI agree that NAM administers them in batches of up to 50 claimants each (a 'Batch'); if fewer than 50 claimants remain in total or after batching, they form a single Batch. NAM runs each Batch as one consolidated arbitration with one arbitrator, one set of arbitration fees and one hearing, held by videoconference or at a location the arbitrator decides. If any part of this batching process is found invalid or unenforceable for a particular claimant or Batch, that part is severed and those claims are arbitrated individually.
Supporting quotations
If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and OpenAI agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.
Qualifications & exceptions
Triggered only by 25 or more claimants with the same or similar counsel filing substantially similar Disputes within 90 days of each other.
Batching is a procedural consolidation; the class action waiver still limits relief to individual relief.
Not stated here
How 'similar counsel' and 'substantially similar Disputes' are judged is not defined in this document.
Legal Rights & Agreement Rules · Restriction or exception
Unenforceable arbitration terms are severed, unless that would allow class actions, which voids the whole section
If any part of the arbitration terms is found illegal or unenforceable, the rest stays in effect. The exception: if a finding of partial illegality or unenforceability would allow class arbitration, a class action or a representative action, then the entire dispute resolution section becomes unenforceable. This differs from the document's general severability rule, which saves other terms to the maximum extent permissible and is itself stated to apply except as provided in the dispute resolution section.
Supporting quotations
If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.
Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
Qualifications & exceptions
The all-or-nothing rule is triggered only where severance would permit class, consolidated or representative proceedings.
The general severability clause in General Terms expressly defers to this section.