10 Total
2 High severity
7 Medium severity
1 Low severity
Summary

OpenAI's Services Agreement sets the terms for using ChatGPT, the API, and other OpenAI products, covering account creation, acceptable use, content rights, payment, and dispute resolution. The agreement grants OpenAI a license to use content users submit to operate and improve its services, and it requires most disputes to proceed through individual binding arbitration rather than court, with a 30-day window to opt out of that requirement after account creation. Users under 13 are prohibited from using the services, and users between 13 and 18 must have parental consent.

Technical / Legal Breakdown

This document is OpenAI's Services Agreement governing consumer and business use of OpenAI's services, including ChatGPT, the API, and related products, on the legal basis of contract formation upon account creation or continued use. The agreement states that users grant OpenAI a broad license to use input content to provide, maintain, and improve services, and the terms authorize OpenAI to modify, suspend, or terminate accounts at its discretion, with or without notice, for violations of usage policies. The agreement asserts a mutual arbitration requirement with a 30-day opt-out window, a class action waiver, and a limitation of liability capping OpenAI's exposure at the greater of amounts paid in the prior 12 months or $100, provisions that are operationally significant but whose enforceability may vary by jurisdiction, particularly in the EU where consumer protection law may constrain mandatory arbitration and liability caps. The agreement engages the EU AI Act, GDPR, CCPA, COPPA (the terms prohibit use by those under 13 and require parental consent for those under 18), and FTC Act consumer protection principles; compliance exposure is heightened for EU/EEA users and California residents, and for operators deploying OpenAI services to third-party end users.

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2 important changes detected

3 versions captured · Last updated: May 2026

What changed OpenAI removed the phrase 'Services agreement |' from the header of their Business Terms on May 26, 2026. The substantive scope and applicability of the agreement remained unchanged. This is a formatting or header clarification with no operational impact on which services are covered or who the terms apply to.
Why this matters This change is a header formatting adjustment and does not modify the substance, scope, or applicability of OpenAI's Business Terms. The agreement continues to apply only to APIs, ChatGPT Enterprise, ChatGPT Business, ChatGPT for Clinicians, and related business-directed services, and continues to exclude consumer or individual use unless explicitly specified. No action is required.
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What changed OpenAI modified the definition of 'Pricing Page' in their Business Terms on May 19, 2026 by adding a web accessibility notation to the URL references. The updated language now includes '(opens in a new window)' after the pricing page URLs. This is a formatting and clarity change that does not alter the substantive definition or the URLs themselves.
Why this matters The updated Business Terms now include a web accessibility notation indicating that pricing page links open in a new window. This is a formatting and disclosure enhancement rather than a substantive change to pricing, terms, or access. The actual URLs and pricing information remain unchanged.
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Recent Provision Changes May 26, 2026

Added (2)
Acceptable Use and Prohibited Conduct Medium

This addition formally incorporates external usage policies into the binding Terms by reference, expanding enforceable obligations beyond the main document without requiring explicit restatement.

Auto-Renewal and Payment Terms Medium

This addition establishes automatic renewal terms that bind users to ongoing charges absent affirmative cancellation, creating a significant financial obligation.

Removed (4)
Account Termination and Service Suspension

Removal of explicit notice provision and consolidation into broader 'Unilateral Service Modification' language reduces transparency about service disruption procedures.

Unilateral Terms Modification

Removal of this standalone provision eliminates explicit notice procedures for material changes to Terms, though similar language may be incorporated elsewhere.

Output Accuracy Disclaimer and No Professional Advice

Removal of explicit accuracy disclaimers and professional advice warnings reduces OpenAI's stated liability exposure for unreliable or harmful service outputs.

User Indemnification Obligation

This separate provision was consolidated into a renamed 'Indemnification Obligation' with narrower scope in the current version.

Modified (7)
Mandatory Arbitration Clause

Removed specific reference to small claims court exception and AAA arbitration rules, replacing with generic reference to undefined 'Exceptions to Agreement to Arbitrate' section and broadening scope to include disputes about the arbitration clause itself.

Class Action Waiver

Simplified the provision by removing the arbitrator consolidation restriction, the severability clause, and enforceability carve-out provisions.

Content License Grant

Narrowed scope by removing rights to 'distribute,' 'create derivative works,' 'develop the Services,' and 'comply with applicable law'; added 'store' and 'display'; replaced 'inputs and outputs' with 'Content'; and restricted use to 'solely' providing, maintaining, and improving Services.

Limitation of Liability

Expanded liability exclusions to explicitly include affiliates, employees, and agents; added specific exclusions for 'loss of profits or revenues' and 'loss of data, use, goodwill, or other intangible losses'; removed the specific $100 minimum cap and 12-month lookback period language (text appears truncated in current version).

Age Restrictions and Parental Consent

Removed the third sentence holding parents/guardians liable for their child's activity on the Services, significantly reducing parental responsibility provisions.

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High — 2 provisions
Medium — 7 provisions
Low — 1 provision

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Cross-platform context

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Mapped Governance Frameworks

CCPA/CPRA
California, USA
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CFAA
United States Federal
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DMCA
United States Federal
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DSA
European Union
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FAA
United States Federal
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FTC Act Section 5
United States Federal
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GDPR
European Union
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Trump Executive Order on AI Policy Framework
US
View official text ↗
UK GDPR
United Kingdom
View official text ↗

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Archival ProvenanceSource & Archival Record
Last Captured May 26, 2026 00:02 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000755
Version ID CA-V-002974
SHA-256 1a8f749a9d7ab46c16b64ad0a29c8f6d2cef61c6e2fde8e8daf2cbef9d496792
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

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