Legal Rights & Agreement Rules · Restriction or exception
Output may be inaccurate, incomplete or offensive, does not reflect OpenAI's views and shows no third-party endorsement
OpenAI describes AI output as probabilistic, so the Services may in some situations produce Output that does not accurately reflect real people, places or facts. By using the Services you understand and 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 produce incomplete, incorrect or offensive Output that does not represent OpenAI's views, and if Output mentions third-party products or services, that does not mean the third party endorses or is affiliated with OpenAI.
Supporting quotations
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
The statements are framed as things you "understand and agree" when you use the Services.
Not stated here
The disclaimer of warranties and the sole-risk statement in later sections are explained in their own cards.
Legal Rights & Agreement Rules · Restriction or exception
Before using or sharing Output you must evaluate its accuracy and fit, including human review where appropriate
You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing it. This is one of the statements you agree to by using the Services.
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.
Not stated here
The text does not define when human review is "appropriate" or what level of review is enough.
Legal Rights & Agreement Rules · Restriction or exception
You must not use Output about a person for decisions that could have a legal or material impact on that person
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 Terms give credit, educational, employment, housing, insurance, legal and medical decisions as examples, and "other important decisions". The restriction is tied to Output that relates to a person and to uses with legal or material impact.
Supporting quotations
When you use our Services you understand and agree:
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
The listed decision types are examples ("such as"); other important decisions are also covered.
Not stated here
The text does not say whether using Output as one input among others, with human review, is allowed.
Legal Rights & Agreement Rules · Restriction or exception
The Services are provided "as is"; OpenAI disclaims warranties, including that they will be uninterrupted or error free
The Services are provided "as is". Except to the extent the law prohibits it, OpenAI, its affiliates and its licensors make no warranties of any kind, express, implied or statutory, and disclaim all warranties, including merchantability, fitness for a particular purpose, satisfactory quality, non-infringement and 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 Content will be secure or not lost or altered. A later clause says that in places where the law does not allow some disclaimers, some of these terms may not apply to you.
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
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
Qualifications & exceptions
The disclaimer applies "except to the extent prohibited by law".
Local-law limits are explained in the local-law card.
Not stated here
Which warranties, if any, are required by law where you live is not stated in the Terms.
Legal Rights & Agreement Rules · Restriction or exception
You accept that using Outputs is at your sole risk and agree not to rely on Output as a sole source of truth
You accept and agree that any use of Outputs from the Services is at your sole risk, and 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 disclaimer section, the earlier accuracy statement in the Content section that you should not rely on Output as a sole source of truth.
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
This sentence is not itself qualified by "except to the extent prohibited by law", but the local-law card says the disclaimers and limits only apply to the extent permitted where you live.
Not stated here
The text does not say how "sole risk" interacts with the liability cap or with rights you may have under local law.
Legal Rights & Agreement Rules · Restriction or exception
OpenAI is not liable for indirect damages; total liability is capped at the greater of 12 months of payments or $100
OpenAI and its affiliates and licensors say they will not be liable for indirect, incidental, special, consequential or exemplary damages, including lost profits, goodwill, use or data, even if advised they might happen. Their aggregate liability under the 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 $100. These limits apply only to the maximum extent permitted by applicable law.
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.
OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED
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.
Qualifications & exceptions
The cap is tied to the amount you paid for the Service that gave rise to the claim, so a free Service may mean the $100 figure applies.
Local-law limits are explained in the local-law card.
Not stated here
This clause does not list particular kinds of claims that the cap would not reach; the only stated limit on its reach is "to the maximum extent permitted by applicable law" and the local-law clause.
Legal Rights & Agreement Rules · User right or choice
Where local law does not allow the disclaimers or damage limits, some terms may not apply and you may have extra rights
Some countries and states do not allow certain warranty disclaimers or limits on certain damages. The Terms say that in that case some or all of the terms above may not apply to you and you may have additional rights. The Terms then only limit OpenAI's responsibilities to the maximum extent permissible in your country of residence.
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.
these Terms only limit our responsibilities to the maximum extent permissible in your country of residence
Not stated here
Which local rules apply to you, and which terms they displace, are not set out in the Terms.
Legal Rights & Agreement Rules · Restriction or exception
OpenAI's affiliates, suppliers, licensors and distributors are intended beneficiaries of the liability section
The Terms say OpenAI's affiliates, suppliers, licensors and distributors are intended third-party beneficiaries of "this section". The sentence sits directly under the limitation of liability heading, so it appears to refer to that section, meaning those parties are meant to be able to rely on the liability limits.
Supporting quotations
OPENAI’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
Not stated here
The sentence says "this section" without naming it; reading it as the limitation of liability section is based on where it sits.
Legal Rights & Agreement Rules · Restriction or exception
If you are a business or organization, you must cover OpenAI for third-party claims over your use of Services
If you are a business or organization, then to the extent the law allows, you will indemnify and hold harmless OpenAI, its affiliates and its personnel against 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 the Terms. The text applies this only to a business or organization; "Content" means your Input and Output as defined earlier.
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 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
The indemnity is stated only for a business or organization.
Not stated here
The Terms do not say how this applies where an individual's account sits within an organization, for example after a work-email account transfer.
Legal Rights & Agreement Rules · Restriction or exception
Disputes with OpenAI, even ones that arose before these Terms, must be resolved by final and binding arbitration
You and OpenAI agree to resolve any claims arising out of or relating to the Terms or the Services, regardless of when the claim arose and even if it arose before the Terms existed (a "Dispute"), through final and binding arbitration. The opening paragraph flags this as an important provision. Three things limit the reach of this clause: you can opt out within a time window (next cards), small-claims and certain injunctive claims are carved out, and a few questions go to court instead of the arbitrator.
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.
important provisions for resolving disputes through arbitration
Qualifications & exceptions
You can opt out of arbitration (see the opt-out card).
Small-claims court and certain injunctive or equitable claims are excluded (see the exceptions card).
Questions about enforceability, the class waiver and public injunctive relief go to court (see the court-decisions card).
Not stated here
The text does not say whether Disputes already underway when you accepted these Terms are affected beyond the "regardless of when the claim arose" wording.
Legal Rights & Agreement Rules · User right or choice
You can opt out of arbitration within 30 days of creating your account or of an update to the arbitration terms
You may opt out of arbitration within 30 days of account creation, or within 30 days after an update to the arbitration terms takes effect, by filling out a linked form. If you opt out of an update, the last set of arbitration terms you agreed to continue to apply. The general Changes clause says OpenAI gives at least 30 days' advance notice of changes that materially and adversely affect you, but the Terms do not say whether an update to the arbitration terms counts as one.
Supporting quotations
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
If you opt out of an update, the last set of agreed upon arbitration terms will apply.
We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you
Qualifications & exceptions
The window for an update runs from when the update takes effect, not from when it is announced.
Not stated here
The opt-out form is linked and was not supplied, so how to submit it is unknown.
Whether an update to the arbitration terms counts as a change that "materially adversely" affects you, with the 30-day advance notice, is not stated.
The text does not say what happens to the rest of the Terms if you opt out.
Before filing a claim, you and OpenAI must try to resolve it informally for 60 days; limitation periods are paused
Before either side files a claim, both agree to try to resolve the Dispute informally. You do this by sending OpenAI notice through a linked form, and OpenAI does it by sending notice to the email address on your account. If the Dispute is not resolved within 60 days, either side may start arbitration. Both agree to attend an individual settlement conference if either asks for one during that time, and any statute of limitations is tolled during the informal process. Informal resolution is not required for the exceptions listed in the next card.
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 this form
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
Informal resolution and arbitration are not required for the claims listed in the exceptions card.
Not stated here
The notice form is linked and was not supplied, so what the notice must contain is unknown.
Legal Rights & Agreement Rules · Restriction or exception
Small-claims cases and certain injunctive or equitable claims need not go through informal resolution or arbitration
The dispute resolution section does not require informal dispute resolution or arbitration for two kinds of claim: individual claims brought in small claims court, and injunctive or other equitable relief to stop unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation. The wording does not say which party may bring the second kind.
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.
Qualifications & exceptions
The text speaks of "individual" claims in small claims court.
Not stated here
The text does not say which party can bring the injunctive or equitable claims, or which court hears them (the governing-law clause covers courts generally).
Arbitration is with NAM; OpenAI will not seek attorneys' fees unless the arbitrator finds your claim frivolous
If a Dispute is not resolved informally, either side may start arbitration with National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures and/or its Supplemental Rules for Mass Arbitration Filings, as applicable. OpenAI says it will not seek attorneys' fees and costs in arbitration unless the arbitrator decides your claim is frivolous. The Terms say the Federal Arbitration Act governs the interpretation and enforcement of the arbitration terms and any arbitration.
Supporting quotations
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 Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration
Qualifications & exceptions
The attorneys'-fees promise is OpenAI's and is limited to arbitration.
Not stated here
The NAM rules are linked and were not supplied, so filing fees and who pays them are not described here.
The text does not address attorneys' fees awarded against OpenAI or fees paid to NAM.
Legal Rights & Agreement Rules · Procedure
Arbitration is by videoconference where possible, before one arbitrator: a retired judge or California-licensed attorney
The arbitration will be held by videoconference if possible. If the arbitrator decides a hearing should be in person, the location is mutually agreed in the county where you reside, or set by the arbitrator, unless the batch process applies. A sole arbitrator decides, who must be a retired judge or an attorney licensed to practice law in California. The arbitrator has exclusive authority over Disputes, except the questions reserved to court (next card). Neither side discloses settlement offers to the arbitrator until after the final award, and the arbitrator can 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.
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.
Not stated here
The text does not say who pays the arbitrator or how a hearing location is chosen if the parties cannot agree, beyond "as determined by the arbitrator".
Legal Rights & Agreement Rules · Restriction or exception
San Francisco courts, not the arbitrator, decide enforceability, the class waiver and public injunctive relief requests
The arbitrator has exclusive authority over Disputes except that the state or federal courts of San Francisco, California decide any Dispute about enforceability, the validity of the class action waiver, and requests for public injunctive relief. A request for public injunctive relief is severed and litigated in court after arbitration of the underlying claim and all other claims is complete.
Supporting quotations
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.
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.
Not stated here
The text does not define "enforceability" beyond this list or say how a court ruling affects an arbitration already underway.
Legal Rights & Agreement Rules · Restriction or exception
Disputes must be brought individually; class and representative actions are barred and jury trial is waived
Disputes may be brought on an individual basis only, not as a plaintiff or class member in any purported class, consolidated or representative proceeding. Class arbitrations, class actions and representative actions are prohibited, and only individual relief is available. The clause says this does not prevent either party from taking part in a class-wide settlement. Both you and OpenAI also knowingly and irrevocably waive the right to a jury trial in any action, proceeding or counterclaim. Requests for public injunctive relief are handled separately, as the court-decisions card explains.
Supporting quotations
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.
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
The waiver of public injunctive relief is not total: such requests are severed and litigated in court after arbitration.
Not stated here
The text does not say whether the opt-out right applies to the class and jury waivers; the opt-out sentence refers to arbitration.
Legal Rights & Agreement Rules · Procedure
If 25 or more similar claims arrive within 90 days, NAM handles them in batches of up to 50, one arbitration each
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, NAM administers them in batches of up to 50 claimants each, unless there are fewer than 50 in total or after batching, in which case they form a single batch. Each batch is administered 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 batch process is found invalid or unenforceable for a particular claimant or batch, it is severed and arbitrated in individual proceedings.
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
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.
Not stated here
The text does not say how arbitration fees are split among the claimants in a batch.
Legal Rights & Agreement Rules · Restriction or exception
If part of the arbitration terms fails the rest stays, but a flaw allowing class proceedings voids the whole section
If any part of the arbitration terms is found illegal or unenforceable, the rest remains in effect. There is one exception: if finding part of them unenforceable would allow class arbitration, a class action or a representative action, the whole dispute resolution section becomes unenforceable. The general severability clause in the General Terms defers to this rule by starting "Except as provided in the dispute resolution section above".
Supporting quotations
If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect
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
Not stated here
The text does not say what happens to a Dispute if the entire dispute resolution section falls away; the governing-law clause names San Francisco courts generally.
Legal Rights & Agreement Rules · Procedure
To report that your IP rights were infringed, send notice to OpenAI's copyright agent address or use a linked form
If you believe your intellectual property rights have been infringed, you can send notice to the address given in the Terms, or fill out a linked form. The address is OpenAI OpCo, LLC, 1455 3rd Street, San Francisco, CA 94158, Attn: General Counsel / Copyright Agent.
Supporting quotations
If you believe that your intellectual property rights have been infringed, please send notice to the address below or fill out this form
OpenAI OpCo, LLC 1455 3rd Street San Francisco, CA 94158 Attn: General Counsel / Copyright Agent
Not stated here
The linked form was not supplied, so what it asks for is unknown.
Legal Rights & Agreement Rules · Procedure
A written copyright claim needs a signature, work and location descriptions, contact details and two statements
Written claims about copyright infringement 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 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 that the disputed use is not authorized by the owner, its agent or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act for the owner.
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
Not stated here
The text does not say what OpenAI does if a notice is missing one of the listed items.
Legal Rights & Agreement Rules · Restriction or exception
You may not assign or transfer your rights or obligations; OpenAI may assign its own to affiliates or successors
You may not assign or transfer any rights or obligations under the Terms, and any attempt to do so is void. OpenAI may assign its rights or obligations to any affiliate, subsidiary or successor in interest of any business associated with the Services. Elsewhere the Terms describe an account made with an organization-owned email address being added to the organization's business account, with your help; this clause does not say how that transfer relates to the ban on assigning or transferring rights.
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.
that account may be added to the organization's business account with us
Not stated here
The text does not say whether OpenAI must notify you of an assignment or whether you could end the Terms if it assigns them.
How the account transfer for organization-owned email addresses relates to this ban is not stated.
OpenAI may update the Terms or the Services, for example for law, safety, events beyond its control or new technology
OpenAI says it is continuously developing the Services and may update the Terms or the Services from time to time. The examples it gives are changes to the 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. Because the list begins "for example", it is illustrative rather than limiting. "Services" here means ChatGPT, DALL·E and OpenAI's other services for individuals as defined in the opening paragraph.
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.
OpenAI’s other services for individuals, along with any associated software applications and websites (all together, “Services”)
Qualifications & exceptions
The reasons are examples; the text does not limit changes to these reasons.
Not stated here
The text does not say whether a change to the Services (as opposed to the Terms) comes with notice; the notice sentence in the next card refers to changes to the Terms.
Legal Rights & Agreement Rules · Company commitment
Materially adverse changes get 30 days' notice; others take effect when posted; if you disagree, stop using the Services
OpenAI says it will give at least 30 days' advance notice, by email or in-product notification, of changes to the Terms that materially and adversely affect you. All other changes take effect as soon as they are posted to its website. If you do not agree to the changes, you must stop using the Services. The dispute resolution section gives its own 30-day opt-out window for updates to the arbitration terms.
Supporting quotations
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
The 30-day advance notice applies only to changes that "materially adversely impact" you.
Not stated here
The text does not say who decides whether a change is materially adverse or how a notice is addressed if you have no email on file.
Legal Rights & Agreement Rules · Restriction or exception
Not enforcing a term now is no waiver; invalid terms are enforced as far as possible (arbitration has its own rule)
OpenAI's failure to enforce a provision is not a waiver of its right to do so later. Except as provided in the dispute resolution section, if any portion of the Terms is determined to be invalid or unenforceable, that portion is enforced to the maximum extent permissible and does not affect the enforceability of any other terms. The dispute resolution section has its own severability rule, covered in its own 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 waiver sentence refers to "our" failure to enforce; the text does not say whether the same applies to you.
Legal Rights & Agreement Rules · Restriction or exception
You must follow trade laws; the Services may not be used in or for embargoed countries or restricted parties
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. They 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.
Not stated here
The text does not list the embargoed countries or restricted parties; it relies on "applicable trade laws", which were not supplied.
These Terms are the entire agreement with OpenAI about the Services, apart from any Service-specific terms
The Terms say they contain the entire agreement between you and OpenAI about the Services. Other than any Service-specific terms, they supersede any earlier or contemporaneous agreements between you and OpenAI. Service-specific terms are therefore left outside this statement and can apply alongside the Terms.
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.
Not stated here
Which terms count as "Service-specific terms" is not defined here; the opening paragraph names the Service Terms, which were not supplied.
Legal Rights & Agreement Rules · Restriction or exception
California law governs; apart from the dispute section, claims go to the federal or state courts of San Francisco
California law governs the Terms, except for 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. Claims that fall under the arbitration terms, including the opt-out and the carve-outs, follow the dispute resolution section instead.
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.
Qualifications & exceptions
The Federal Arbitration Act is stated to govern the arbitration terms in the dispute resolution section.
Not stated here
The text does not say how this venue clause applies to someone who opts out of arbitration, beyond saying all claims go to those courts.
Legal Rights & Agreement Rules · Context
This version was published and took effect on January 1, 2026; an earlier version is linked
The page says it was published on January 1, 2026 and is effective January 1, 2026. It also shows a link labeled "Previous version". That earlier text is not part of what was supplied, so this analysis covers only the January 1, 2026 text as saved.
Supporting quotations
Published: January 1, 2026
Effective: January 1, 2026
Qualifications & exceptions
Only the January 1, 2026 text is analyzed; the linked previous version was not supplied.
Not stated here
Whether a later version has replaced this one since the page was saved is not shown by the saved text.
Legal Rights & Agreement Rules · Context
These Terms cover OpenAI's services for individuals, bind you to OpenAI OpCo, LLC, and you accept by using the Services
The Terms apply to your use of ChatGPT, DALL·E and OpenAI's other services for individuals, plus the related software and websites (together the "Services"). They are an agreement between you and OpenAI OpCo, LLC, a Delaware company, and by using the Services you agree to them. Two later clauses shape this. The Terms are stated to be the entire agreement about the Services, but "Service-specific terms" are carved out of that, so separate terms for a particular Service can sit alongside them. And if OpenAI changes the Terms and you do not agree, the Changes clause says you must stop using the Services.
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
By using our Services, you agree to these Terms.
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
The Terms are for services for individuals; businesses and developers are pointed to separate Business Terms.
The entire-agreement statement excludes any Service-specific terms.
Not stated here
The Service-specific terms (including the Service Terms mentioned in the same paragraph) were not supplied, so the content of those terms is not analyzed here.
Legal Rights & Agreement Rules · Context
The Service Terms are part of these Terms; Business Terms cover businesses; the Privacy Policy is not part of them
The opening paragraphs sort related documents. The Service Terms are included in these Terms. A separate set of Business Terms governs ChatGPT Enterprise, the APIs and other services for businesses and developers. The Privacy Policy explains how OpenAI collects and uses personal information; the Terms say it does not form part of the Terms but is an important document you should read. None of these linked documents was supplied with this text.
Supporting quotations
and they include our Service Terms
Our Business Terms
govern use of ChatGPT Enterprise, our APIs, and our other services for businesses and developers
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 described as not forming part of these Terms.
Not stated here
The text of the Service Terms, Business Terms and Privacy Policy is not supplied, so their rules are not described here.
Legal Rights & Agreement Rules · Context
Residents of the EEA, Switzerland and the UK are referred to "these terms", a link whose target is not in the saved text
One sentence addresses residents of the European Economic Area, Switzerland or the UK and says their use of the Services is governed by "these terms", where "these terms" is a link. The saved text does not show where that link leads. The saved page is the version registered for people outside those regions, so the sentence appears to point residents there to a separate set of terms, but the link target is not supplied and this card does not describe those other terms.
Supporting quotations
If you reside in the European Economic Area, Switzerland, or the UK, your use of the Services is governed by these terms
Qualifications & exceptions
This analysis is of the version for people outside the EEA, Switzerland and the UK, so it should not be read as describing the terms that apply to residents there.
Not stated here
The destination of the link in "these terms" is not shown in the saved text, so which document governs residents of those regions cannot be confirmed from this source.
Legal Rights & Agreement Rules · Permission or license
You may use the Services if you follow the Terms, applicable laws and OpenAI's linked and other policies
You may access and use the Services, subject to complying with the Terms. While using them you must follow all applicable laws as well as the Sharing & Publication Policy, the Usage Policies and any other documentation, guidelines or policies OpenAI makes available to you. The trade-controls clause is one specific case of the laws you must follow: the Services may not be used in or for the benefit of U.S. embargoed countries or territories or restricted parties, or for end uses prohibited by trade laws.
Supporting quotations
Subject to your compliance with these Terms, you may access and use our Services.
you must comply with all applicable laws as well as our Sharing & Publication Policy
and any other documentation, guidelines, or policies we make available to you
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
Qualifications & exceptions
The permission is conditional on compliance with the Terms.
"Any other documentation, guidelines, or policies we make available to you" is open-ended.
Not stated here
The Sharing & Publication Policy, Usage Policies and other policies are linked or unspecified and were not supplied, so their rules are not described here.
Legal Rights & Agreement Rules · Restriction or exception
Illegal, harmful or abusive use is barred, including infringing rights, disrupting the Services or bypassing safeguards
The Terms bar illegal, harmful or abusive use of the Services and give examples. Among the examples, you may not use the Services in a way that infringes, misappropriates or violates anyone's rights, or interfere with or disrupt the Services, including by circumventing rate limits or restrictions or bypassing protective measures or safety mitigations OpenAI puts on them. Because the list is introduced with "for example", it is illustrative rather than complete.
Supporting quotations
You may not use our Services for any illegal, harmful, or abusive activity.
Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
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 prohibited uses are examples after "For example"; other illegal, harmful or abusive uses are also barred.
Not stated here
The text does not define "harmful" or "abusive"; the Usage Policies, which were not supplied, may add detail.
Legal Rights & Agreement Rules · Restriction or exception
Third-party services and their output follow their own terms, and OpenAI says it is not responsible for them
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.
Supporting quotations
Our services may include third party software, products, or services, (“Third Party Services”)
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.
Not stated here
The terms of the third parties are not supplied and are not described here.