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.
Data Access & Collection · Context
The Privacy Policy explains personal-information handling but is not part of these Terms
OpenAI's Privacy Policy, linked from this document, explains how it collects and uses personal information. The document states that the Privacy Policy does not form part of these Terms, while describing it as important reading. This document itself does not describe personal-information collection in detail; the Privacy Policy was not supplied.
Supporting quotations
explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.
Qualifications & exceptions
The Privacy Policy is expressly not part of the contract formed by these Terms.
Not stated here
The Privacy Policy was not supplied; what personal information OpenAI collects and how it is used is not known from this source.
Account & Service Control · Restriction or exception
You must be at least 13 (or your country's consent age), and under-18s need parental permission
To use the Services you must be at least 13 years old, or the minimum age your country requires to consent to use the Services, whichever applies. If you are under 18 you must have your parent's or legal guardian's permission to use the Services.
Supporting quotations
You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services.
Qualifications & exceptions
The age floor rises to the local minimum consent age where that is higher than 13.
Account & Service Control · Restriction or exception
You must register accurately, keep your credentials to yourself, and answer for everything done under your account
To register an account you must provide accurate and complete information. You may not share your account credentials or make your account available to anyone else, and you are responsible for all activity that occurs under your account. If you create an account or use the Services on behalf of another person or entity, you must have authority to accept these Terms for them.
Supporting quotations
You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account.
If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
Qualifications & exceptions
Responsibility for account activity is not limited to activity you personally carried out.
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.
Content & IP Rights · Restriction or exception
No automated extraction of data or Output, no passing Output off as human-made, no using Output to build rival models
Among the examples of prohibited use, three concern Output specifically. You may not automatically or programmatically extract data or Output from the Services. You may not represent that Output was human-generated when it was not. And you may not use Output to develop models that compete with OpenAI. 'Output' is defined later in the document as what you receive from the Services based on your Input; Input and Output together are 'Content'.
Supporting quotations
For example, you may not:
Automatically or programmatically extract data or Output (defined below).
Represent that Output was human-generated when it was not.
Use Output to develop models that compete with OpenAI.
You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.”
Qualifications & exceptions
These are examples under the general ban on illegal, harmful or abusive activity.
The competing-models restriction attaches to Output even though a later card explains that you own the Output.
Not stated here
What counts as a model that 'competes with OpenAI' is not defined.
Content & IP Rights · Company practice
Downloadable software may update automatically and may include open source under its own licenses
The Services may let you download software such as mobile applications. That software may update automatically so that you are running the latest version. OpenAI's software may include open source components governed by their own licenses, which OpenAI says it has made available to you.
Supporting quotations
Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licenses that we’ve made available to you.
Qualifications & exceptions
Automatic updating is stated as a possibility ('may'), not a guarantee or a choice offered to you in this document.
Not stated here
Which open source licenses apply and where they are made available is not stated here.
Account & Service Control · Company practice
An account on an employer-owned email may be moved into that organization's business account, with admin control
If you create an account using an email address owned by an organization, such as your employer, that account may be added to the organization's business account with OpenAI. OpenAI will notify you so you can help facilitate the transfer, unless the organization has already told you it may monitor and control your account. Once transferred, the organization's administrator can control your account, including accessing your Content (your Input and Output) and restricting or removing your access to the account.
Supporting quotations
If you create an account using an email address owned by an organization (for example, your employer), that account may be added to the organization's business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organization has already provided notice to you that it may monitor and control your account).
Once your account is transferred, the organization’s administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account.
Input and Output are collectively “Content.”
Qualifications & exceptions
Triggered by registering with an organization-owned email address.
OpenAI's notice to you is skipped where the organization has already notified you that it may monitor and control the account.
Not stated here
Whether you can refuse or reverse the transfer is not stated.
What happens to your Content if the organization removes your access is not stated.
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.
Content & IP Rights · Permission or license
OpenAI may use your feedback without restriction or compensation
If you give OpenAI feedback, you agree that OpenAI may use it without any restriction and without compensating you.
Supporting quotations
We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.
Not stated here
'Feedback' is not defined; whether it covers only suggestions about the Services or any communication is not stated.
Content & IP Rights · Restriction or exception
Input and Output are your 'Content'; you are responsible for it and warrant you have the rights to your Input
What you provide to the Services is 'Input', what the Services return based on it is 'Output', and together they are 'Content'. You are responsible for Content, including making sure it does not violate applicable law or these Terms, and you represent and warrant that you have all rights, licenses and permissions needed to provide your Input. Two other sections sharpen this: the trade-controls clause says your Input may not include material that requires a government license for release or export, and if you are a business or organization you also agree to indemnify OpenAI for third-party claims arising from your use of the Services and Content (explained in the indemnity card).
Supporting quotations
You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.
your Input may not include material or information that requires a government license for release or export.
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.
Qualifications & exceptions
The indemnity obligation applies only if you are a business or organization, to the extent permitted by law; individuals are not covered by that clause.
The export-license limit on Input comes from the trade-controls clause in General Terms.
You keep ownership of your Input and own the Output; OpenAI assigns you its rights in Output, as between you and OpenAI
As between you and OpenAI, and to the extent permitted by applicable law, you retain your ownership rights in Input and you own the Output. OpenAI assigns to you all of its right, title and interest in the Output, if it has any. This is a statement about the position between you and OpenAI only; it does not decide whether anyone else has rights in similar material. The assignment does not reach other users' output or Third Party Output, and you are still bound by the usage restrictions explained elsewhere, including the ban on using Output to develop competing models.
Supporting quotations
As between you and OpenAI, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Our assignment above does not extend to other users’ output or any Third Party Output.
Qualifications & exceptions
Only 'as between you and OpenAI' and 'to the extent permitted by applicable law'.
OpenAI assigns its rights 'if any'; it does not warrant that it has or that you receive any particular rights.
The assignment does not extend to other users' output or Third Party Output.
Not stated here
Whether and how Output can be protected by copyright or other rights is not addressed by this document.
Output may not be unique; other users may receive similar output
Because of how the Services and artificial intelligence work, output may not be unique, and other users may receive similar output from the Services. Owning your Output therefore does not mean no one else can receive something alike; OpenAI's assignment covers only your Output, not other users' output.
Supporting quotations
Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services.
Use & Processing · Company practice
OpenAI may use your Content to provide and improve the Services, comply with law, enforce terms and keep them safe
OpenAI may use your Content (Input and Output) to provide, maintain, develop and improve its Services, to comply with applicable law, to enforce its terms and policies, and to keep the Services safe. Using Content to train models is one form of this; a separate card explains that you can opt out of training use. If you use ChatGPT through Apple's integrations, the document points to a Help Center article (not supplied) for how your Content is handled in that case.
Supporting quotations
We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
If you're using ChatGPT through Apple's integrations, see
Qualifications & exceptions
Purposes are listed: provide, maintain, develop and improve the Services; comply with law; enforce terms and policies; keep the Services safe.
You may opt out of training use of your Content (see the opt-out card); the other listed purposes are not stated to be affected by that choice.
Content handling through Apple's integrations is described in a linked article, not in this document.
Not stated here
The Apple-integration Help Center article was not supplied; how Content is handled in that case is not known from this source.
Retention periods and who inside or outside OpenAI may see Content are not stated here; the Privacy Policy is not part of these Terms.
Use & Processing · User right or choice
You can opt out of your Content being used to train models; it may reduce how well the Services fit your use
If you do not want OpenAI to use your Content to train its models, you can opt out by following the instructions in a linked article (not supplied). OpenAI notes that in some cases opting out may limit the Services' ability to better address your specific use case. The opt-out is about training; the other purposes for which OpenAI may use Content, such as providing the Services and keeping them safe, are stated separately.
Supporting quotations
If you do not want us to use your Content to train our models, you can opt out by following the instructions in
Please note that in some cases this may limit the ability of our Services to better address your specific use case.
Qualifications & exceptions
The opt-out covers use of Content to train models, not every use of Content listed in the preceding clause.
OpenAI warns that opting out may, in some cases, limit how well the Services address your specific use case.
Not stated here
The opt-out instructions are in a linked article that was not supplied; the mechanism and any limits (for example which products or past Content it covers) are not known from this source.
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.
Content & IP Rights · Restriction or exception
OpenAI and its affiliates own the Services; you may use the OpenAI name and logo only under its Brand Guidelines
OpenAI and its affiliates own all rights, title and interest in and to the Services, meaning ChatGPT, DALL·E and the other consumer services, apps and websites covered by these Terms. You may use OpenAI's name and logo only in accordance with its Brand Guidelines, which are linked but not supplied. This ownership of the Services is distinct from the Content rules: you own your Output, but not the Services that produce it.
Supporting quotations
We and our affiliates own all rights, title, and interest in and to the Services. You may only use our name and logo in accordance with our
along with any associated software applications and websites (all together, “Services”)
Qualifications & exceptions
Covers the Services as defined in the opening scope; your Input and Output are dealt with separately.
Not stated here
The Brand Guidelines were not supplied; what name and logo uses they permit is not known from this source.
Charges & Financial Obligations · Company practice
Paid subscriptions renew and charge automatically until you cancel; a failed payment can mean a downgrade or suspension
If you buy any Services you must provide complete and accurate billing information including a valid payment method. For paid subscriptions, OpenAI automatically charges your payment method on each agreed periodic renewal until you cancel. You are responsible for applicable taxes, and OpenAI charges tax when required. If your payment cannot be completed, OpenAI may downgrade your account or suspend your access to the Services until payment is received.
Supporting quotations
For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method.
Qualifications & exceptions
Automatic renewal charging applies to paid subscriptions and continues until you cancel.
Downgrade or suspension after a failed payment is at OpenAI's option ('may') and lasts until payment is received.
Not stated here
Renewal periods and prices are not stated in this document; they depend on what you agreed when subscribing.
Charges & Financial Obligations · Context
Prepaid service credits are governed by separate Service Credit Terms
You can pay for some Services in advance by purchasing service credits. All service credits are subject to OpenAI's Service Credit Terms, which are linked but not supplied, so rules such as expiry or refundability of credits are not visible in this document.
Supporting quotations
You can pay for some Services in advance by purchasing service credits. All service credits are subject to our
Qualifications & exceptions
Applies to 'some Services'; which ones accept credits is not stated here.
Not stated here
The Service Credit Terms were not supplied; expiry, refund and transfer rules for credits are not known from this source.
Charges & Financial Obligations · User right or choice
You can cancel a paid subscription at any time, but payments are non-refundable except where the law requires
You can cancel your paid subscription at any time through the linked cancellation process. Payments are non-refundable except where required by law, and the document says these Terms do not override any mandatory local laws about your cancellation rights. One exception stated elsewhere: if OpenAI discontinues the Services, it commits to refund prepaid, unused Services (see the discontinuation card).
Supporting quotations
your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.
we will give you advance notice and a refund for any prepaid, unused Services.
Qualifications & exceptions
No refund except where required by law; mandatory local cancellation rights are preserved.
Discontinuation by OpenAI triggers a refund of prepaid, unused Services under a separate clause.
Not stated here
Whether cancellation takes effect immediately or at the end of the current billing period is not stated in this document.
Charges & Financial Obligations · Company commitment
Prices may change; an increase takes at least 30 days' notice and applies only from your next renewal
OpenAI may change its prices from time to time. If it increases subscription prices it commits to give you at least 30 days' notice, and the increase takes effect on your next renewal, so that you can cancel before it applies if you do not agree.
Supporting quotations
We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
Qualifications & exceptions
The 30-day notice and next-renewal timing apply to subscription price increases; other price changes are covered only by the general statement that prices may change.
Account & Service Control · Company practice
OpenAI may suspend or terminate your access or delete your account for breach, legal compliance, or risk of harm
You are free to stop using the Services at any time. OpenAI reserves the right to suspend or terminate your access to the Services, or delete your account, if it determines that you breached these Terms or its Usage Policies, that it must do so to comply with the law, or that your use could cause risk or harm to OpenAI, its users or anyone else. The judgment is OpenAI's ('if we determine'). If you think a suspension or termination was a mistake, a separate card explains the appeal route.
Supporting quotations
You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:
You breached these Terms or our
We must do so to comply with the law.
Your use of our Services could cause risk or harm to OpenAI, our users, or anyone else.
Qualifications & exceptions
Grounds: breach of the Terms or Usage Policies; legal compliance; use that could cause risk or harm to OpenAI, users or anyone else.
Triggered by OpenAI's own determination; no prior notice is promised for these grounds.
The Usage Policies are linked but not supplied.
Not stated here
Whether you receive notice or a refund when terminated on these grounds is not stated; refunds are generally non-refundable except where law requires.
Account & Service Control · Company practice
A free account inactive for over a year may be terminated, with advance notice
OpenAI may also terminate your account if it has been inactive for over a year and you do not have a paid account. If it does, it commits to give you advance notice first.
Supporting quotations
We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.
Qualifications & exceptions
Both conditions apply: more than a year of inactivity and no paid account.
Advance notice is promised for this ground, unlike the breach, legal and harm grounds.
Not stated here
How much advance notice and what happens to your Content on inactivity termination are not stated.
Account & Service Control · User right or choice
You can appeal a suspension or termination you believe was made in error by contacting Support
If you believe OpenAI suspended or terminated your account in error, you can file an appeal by contacting its Support team through the linked help article. The document does not describe how appeals are decided or how long they take.
Supporting quotations
If you believe we have suspended or terminated your account in error, you can file an appeal with us by
Not stated here
Appeal criteria, timelines and outcomes are not described in this document.
Charges & Financial Obligations · Company commitment
If OpenAI discontinues the Services it will give advance notice and refund prepaid, unused Services
OpenAI may decide to discontinue its Services. If it does, it commits to give you advance notice and to refund any prepaid, unused Services. This is a stated exception to the general rule that payments are non-refundable.
Supporting quotations
We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.
Qualifications & exceptions
Applies when OpenAI discontinues the Services, not when you cancel or are terminated.
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.
IP complaints go to OpenAI's copyright agent or a form; OpenAI may remove content and terminate repeat infringers
If you believe your intellectual property rights have been infringed, you can send notice to OpenAI's listed address (OpenAI OpCo, LLC, 1455 3rd Street, San Francisco, CA 94158, Attn: General Counsel / Copyright Agent) or fill out a linked form. OpenAI may delete or disable content that it believes violates these Terms or that is alleged to be infringing, and it will terminate the accounts of repeat infringers where appropriate. The decision to remove content turns on OpenAI's belief or on an allegation, not on a proven infringement.
Supporting quotations
If you believe that your intellectual property rights have been infringed, please send notice to the address below or fill out
We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.
OpenAI OpCo, LLC 1455 3rd Street San Francisco, CA 94158 Attn: General Counsel / Copyright Agent
Qualifications & exceptions
Removal may follow content OpenAI 'believes' violates the Terms or that 'is alleged to be infringing'.
No counter-notice or appeal process for removed content is described in this document.
The copyright-disputes form was not supplied.
Content & IP Rights · Procedure
A written copyright claim must include six items: signature, work, location, contact details, and two statements
A written copyright infringement claim must include: a physical or electronic signature of the person authorized to act for the copyright owner; a description of the copyrighted work claimed to be infringed; a description of where the allegedly infringing material is located on OpenAI's site so it can be found; your address, telephone number and email address; a statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Supporting quotations
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed upon
A description of where the allegedly infringing material is located on our site so we can find it
Your address, telephone number, and e-mail address
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf
Qualifications & exceptions
The accuracy and authority statement is made under penalty of perjury.
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.