This analysis describes what OpenAI's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The clause creates a nested permissions framework where OpenAI retains control over the outer boundaries of permissible customization, operators exercise intermediate authority over their deployment parameters, and end users operate within the constraints established by their operator. This structure establishes OpenAI's policy authority as the baseline constraint on all downstream modifications.
End users' ability to customize model behavior depends on the operator's authorization level, which is itself constrained by OpenAI's policies. Users cannot modify behaviors beyond the permissions their operator has received from OpenAI, creating a cascading limitation structure.
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"OpenAI provides the model to operators through the API, and operators can then deploy the model to users... Operators can expand or restrict the model's default behaviors, i.e., how it behaves out of the box, to the extent that they are permitted to do so by OpenAI's policies... Operators can grant users the ability to expand or change the model's behaviors in ways that go up to but don't exceed their own operator permissions.— Excerpt from OpenAI's GPT-4o System Card (PDF)
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The clause creates a nested permissions framework where OpenAI retains control over the outer boundaries of permissible customization, operators exercise intermediate authority over their deployment parameters, and end users operate within the constraints established by their operator. This structure establishes OpenAI's policy authority as the baseline constraint on all downstream modifications.
End users' ability to customize model behavior depends on the operator's authorization level, which is itself constrained by OpenAI's policies. Users cannot modify behaviors beyond the permissions their operator has received from OpenAI, creating a cascading limitation structure.
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