The agreement prohibits use of OpenAI services in violation of law, in infringement of third-party rights, or in breach of OpenAI's separately published usage policies, which are incorporated by reference into the terms.
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
This provision incorporates OpenAI's usage policies by reference, meaning that violations of those separately published policies constitute a breach of the agreement and may trigger account suspension or termination. Users are bound by the current version of those policies, which OpenAI may update independently.
This addition formally incorporates external usage policies into the binding Terms by reference, expanding enforceable obligations beyond the main document without requiring explicit restatement.
View full change record →Under these terms, users are bound not only by the explicit terms of the agreement but also by OpenAI's usage policies as published and updated separately. Changes to usage policies incorporated by reference may alter user obligations without a separate agreement update.
How other platforms handle this
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium; (ii) using any automated system, including 'robots,' 'spiders,' 'offline readers,' etc., to access the Services; (iii) transmitting spam, chain lett...
You agree not to post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any ...
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated 'scraping'; (ii) using any automated system, including without limitation 'robots,' 's...
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"You agree not to use our Services in any way that violates any applicable law or regulation, or that infringes on the rights of others. You must follow our usage policies, which are incorporated into these Terms by reference.— Excerpt from OpenAI's OpenAI Business Terms
(1) REGULATORY LANDSCAPE: The incorporation by reference of usage policies engages general contract law principles regarding notice and the enforceability of terms incorporated by reference. In the EU/EEA, terms incorporated by reference in consumer contracts may require that the incorporated terms be clearly accessible and that consumers be given adequate notice of material changes. The FTC may review whether dynamic incorporation of external policies without conspicuous notice constitutes an unfair or deceptive practice. Relevant enforcement authorities include the FTC, EU national consumer protection authorities, and state attorneys general. (2) GOVERNANCE EXPOSURE: Medium. The dynamic nature of incorporated policies means user obligations can change without a formal amendment to the agreement. Operators building on the API should monitor usage policy updates as closely as the main terms. (3) JURISDICTION FLAGS: EU/EEA consumer protection law may require adequate notice of material changes to incorporated terms. California's consumer protection framework may also impose disclosure requirements for material policy changes. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise operators should establish a monitoring process for OpenAI usage policy updates, as violations of updated policies could result in account suspension affecting business-critical workflows. Operators should assess whether their own acceptable use policies for end users are aligned with OpenAI's current usage policies. (5) COMPLIANCE CONSIDERATIONS: Legal teams should maintain a record of the current version of OpenAI's usage policies and review updates as part of ongoing vendor management. Changes to usage policies that affect permitted use cases should trigger a review of the operator's own user-facing terms and disclosures.
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This provision incorporates OpenAI's usage policies by reference, meaning that violations of those separately published policies constitute a breach of the agreement and may trigger account suspension or termination. Users are bound by the current version of those policies, which OpenAI may update independently.
Under these terms, users are bound not only by the explicit terms of the agreement but also by OpenAI's usage policies as published and updated separately. Changes to usage policies incorporated by reference may alter user obligations without a separate agreement update.
ConductAtlas has identified this type of provision across 8 platforms. See the full comparison.
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