Terms of Use — outside EEA, Switzerland and UK

OpenAI · agreement dated January 1, 2026 · Official agreement

Read the agreement

57 of 57 cards

Content & IP Rights · Restriction or exception

Input and Output together are your "Content"; you are responsible for it and warrant you have the rights to your Input

What you provide 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. The trade-controls clause adds one specific limit: your Input may not include material or information that requires a government license for release or export.

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

Not stated here

  • The text does not say what happens if you lack rights to Input you submitted, beyond the general Terms.

Content & IP Rights · User right or choice

As between you and OpenAI, you keep your Input and own the Output, to the extent the law allows

Between you and OpenAI, and only to the extent permitted by applicable law, you keep ownership rights in your Input and you own the Output. OpenAI also assigns to you whatever right, title and interest it has, if any, in the Output. The next card explains that this does not reach other users' output or Third Party Output.

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.

Qualifications & exceptions

  • Ownership is stated only as between you and OpenAI; it does not address rights held by third parties.

Not stated here

  • The text does not say whether Output is protected by any intellectual property right or what a third party could claim.

Content & IP Rights · Restriction or exception

Output may not be unique, and the assignment to you does not cover other users' output or Third Party Output

Because of how AI works, Output may not be unique, and other users may receive similar output. OpenAI's assignment of its rights in Output to you does not extend to other users' output or to Third Party Output. Third Party Output is output that comes from third-party services included in the Services, such as the browse feature.

Supporting quotations

output may not be unique and other users may receive similar output from our Services
Our assignment above does not extend to other users’ output or any Third Party Output.
some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”)

Not stated here

  • The text does not say who owns Third Party Output; it says such output is subject to the third party's own terms.

Cross-references

Use & Processing · Permission or license

OpenAI may use your Content to run, develop and improve the Services, follow the law, enforce terms and stay safe

OpenAI says it may use Content to provide, maintain, develop and improve the Services, to comply with applicable law, to enforce its terms and policies, and to keep the Services safe. If you use ChatGPT through Apple's integrations, the Terms point to a Help Center article for how Content is handled, so a different process may apply there; that article was not supplied. The next card covers the choice to opt out of training.

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
for how we handle your Content.

Qualifications & exceptions

  • The statement is a permission ("may"), not a promise to use Content for every listed purpose.

Not stated here

  • The Apple-integrations Help Center article was not supplied, so how Content is handled there is unknown.
  • The text does not name retention periods or who inside OpenAI can see Content.

Use & Processing · User right or choice

You can opt out of OpenAI using your Content to train its models; this may limit how well the Services fit you

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. The Terms warn that in some cases opting out may limit the ability of the Services to better address your specific use case. Because the opt-out is framed as something you must choose, the clause implies that training may happen unless you opt out, but the Terms do not state that default outright.

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 this article
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; the previous card lists other purposes for which OpenAI may use Content.

Not stated here

  • The linked opt-out instructions were not supplied, so how to opt out, whether it is retroactive and whether it covers every Service are unknown.

Cross-references

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.

Content & IP Rights · Restriction or exception

OpenAI and its affiliates own the Services; you may use their name and logo only under the Brand Guidelines

OpenAI and its affiliates own all rights, title and interest in the Services, as defined in the opening paragraph as ChatGPT, DALL·E and OpenAI's other services for individuals with the related software and websites. You may use OpenAI's name and logo only in accordance with its Brand Guidelines, which are linked but were not supplied.

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 Brand Guidelines
(all together, “Services”)

Not stated here

  • The Brand Guidelines were not supplied, so what they allow is unknown.

Charges & Financial Obligations · Company practice

Paid subscriptions renew and are charged automatically until you cancel; failed payment can mean downgrade or suspension

If you buy Services, you must give complete and accurate billing information including a valid payment method. For paid subscriptions, OpenAI automatically charges your payment method at each agreed periodic renewal until you cancel. You are responsible for applicable taxes, and OpenAI charges tax when required. If a payment cannot be completed, OpenAI may downgrade your account or suspend your access until payment is received.

Supporting quotations

you will provide complete and accurate billing information, including a valid payment method
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.

Not stated here

  • The renewal period, prices and any notice of an upcoming charge are not stated in this text.

Charges & Financial Obligations · Context

Service credits you buy in advance are subject to separate Service Credit Terms

Some Services can be paid for in advance by buying service credits. All service credits are subject to OpenAI's Service Credit Terms, which are linked but were not supplied.

Supporting quotations

You can pay for some Services in advance by purchasing service credits.
All service credits are subject to our Service Credit Terms

Not stated here

  • The Service Credit Terms were not supplied, so expiry, refund and other credit rules are unknown.

Charges & Financial Obligations · User right or choice

You can cancel a paid subscription any time; payments are non-refundable unless law requires or Services end

You can cancel your paid subscription at any time. Payments are non-refundable except where required by law, and the Terms do not override mandatory local laws about your cancellation rights. A separate clause adds another case: if OpenAI decides to discontinue its Services, it says it will give advance notice and a refund for any prepaid, unused Services.

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

  • The no-refund rule is qualified by what law requires and by the discontinuation refund.

Not stated here

  • The text does not say whether payments are refunded if OpenAI suspends or terminates your account.

Charges & Financial Obligations · Company commitment

OpenAI may change prices; a subscription increase needs 30 days' notice and starts at your next renewal

OpenAI may change its prices from time to time. If it raises subscription prices, it will give at least 30 days' notice, and the increase takes effect on your next renewal so that you can cancel if you disagree.

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 rule is stated for subscription price increases.

Not stated here

  • The text does not state a notice period for price changes that do not affect subscriptions.

Account & Service Control · Company practice

You can stop using the Services any time; OpenAI can suspend, terminate or delete your account for breach, law or risk

You are free to stop using the Services at any time. OpenAI reserves the right to suspend or terminate your access or delete your account if it determines that you breached the 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 Terms require you to follow the Usage Policies as part of using the Services.

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 Usage Policies
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.
you must comply with all applicable laws as well as our Sharing & Publication Policy

Qualifications & exceptions

  • The grounds depend on OpenAI's own determination.

Not stated here

  • This section states no notice period or appeal outcome for these three grounds; the only advance-notice promise here is for inactive accounts, and appeal handling is in a later card.
  • The Usage Policies and Sharing & Publication Policy were not supplied; whether breaching the Sharing & Publication Policy alone counts as breaching the Terms is not stated in these blocks.

Account & Service Control · Company practice

OpenAI may terminate an account inactive for over a year if it has no paid account, after advance notice

OpenAI may terminate your account if it has been inactive for over a year and you do not have a paid account. If it does, it says it will give you advance notice.

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.

Not stated here

  • The length of the advance notice and what happens to the account's Content are not stated.

Account & Service Control · User right or choice

If you think your account was suspended or terminated in error, you can file an appeal through Support

If you believe OpenAI suspended or terminated your account in error, you can file an appeal by contacting its Support team through a linked help article.

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

  • The text does not give a deadline, review standard or outcome for appeals.

Account & Service Control · Company commitment

If OpenAI discontinues its Services it says it will give advance notice and a refund for prepaid, unused Services

OpenAI may decide to discontinue its Services. If it does, it says it will give you advance notice and a refund for any prepaid, unused Services.

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.

Not stated here

  • The length of the notice and how refunds are calculated or paid are not stated.

Cross-references

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.

Cross-references

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.

Cross-references

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.

Cross-references

Legal Rights & Agreement Rules · Procedure

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).

Cross-references

Legal Rights & Agreement Rules · Procedure

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.

Cross-references

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.

Cross-references

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 · 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.

Cross-references

Legal Rights & Agreement Rules · Company practice

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.

Cross-references

Legal Rights & Agreement Rules · Context

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

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.

Account & Service Control · Restriction or exception

You must be at least 13, or your country's minimum age; under 18 you need a parent or guardian's permission

To use the Services you must be at least 13 years old or the minimum age required in your country to consent to use them. If you are under 18 you must have your parent or legal guardian's permission.

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.

Not stated here

  • The text does not say how age or parental permission is checked, or what happens to an account found to be under the required age.

Account & Service Control · Restriction or exception

You must give accurate registration information, not share your account, and you are responsible for activity on it

To register an account you must provide accurate and complete information. You may not share your credentials or make your account available to anyone else, and you are responsible for everything that happens under your account. If you create an account or use the Services for another person or an entity, you must have authority to accept these Terms on its behalf.

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.

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.

Content & IP Rights · Restriction or exception

You may not modify, copy, lease, sell or distribute the Services, or reverse engineer them

You may not modify, copy, lease, sell or distribute any of the Services. You also may not try, or help anyone try, to reverse engineer, decompile or discover the source code or underlying components of the Services, including the models, algorithms or systems. The reverse-engineering restriction is limited by an exception: it does not apply to the extent applicable law prohibits it.

Supporting quotations

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

Qualifications & exceptions

  • Only the reverse-engineering restriction carries the stated exception for applicable law.

Content & IP Rights · Restriction or exception

You may not automatically extract data or Output, pass Output off as human-made, or use Output to build competing models

Three further limits are tied to data and Output. You may not automatically or programmatically extract data or Output; 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 in the Content section as what the Services return based on your Input. These are examples under the "you may not" list, so the list is not exhaustive.

Supporting quotations

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.
receive output from the Services based on the Input (“Output”)

Qualifications & exceptions

  • The extraction limit covers "data or Output"; this bullet states no exception, and no other part of this section of the Terms qualifies it.

Not stated here

  • The text does not define "competing" models or what counts as programmatic extraction.

Use & Processing · Company practice

Downloaded software may update itself automatically and may include open source under its own licenses

Some Services may let you download software such as mobile apps. That software may update automatically so you are using the latest version. It may also include open source software, which is governed by its own licenses that 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 updates are described as something the software "may" do.

Not stated here

  • The open source licenses themselves were not supplied.

Account & Service Control · Company practice

An account made with a work email may be moved into your organization's business account, which can then control it

If you create an account with 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 says it will give you notice so you can help facilitate the transfer, unless the organization has already told you that it may monitor and control your account. After the transfer, the organization's administrator can control the account, including accessing Content and restricting or removing your access. "Content" means your Input and the Output you receive, as defined in the Content section.

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
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)
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

  • The account "may" be added; the text does not say it always will be.
  • The notice duty does not apply if your organization has already told you it may monitor and control your account.

Not stated here

  • The text does not say whether you can decline the transfer or what happens to Content in the account after it moves.

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.

Content & IP Rights · Permission or license

OpenAI may use your feedback without restriction or compensation

You agree that OpenAI may use any feedback you give it without restriction and without paying you.

Supporting quotations

you agree that we may use it without restriction or compensation to you

Not stated here

  • The text does not define what counts as "feedback" or whether it covers Content you submit as Input.