Children under 13 cannot use OpenAI services; users aged 13 to 17 require parental permission, and parents are legally responsible for their minor child's use of the services under these 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
The agreement places responsibility on parents or legal guardians for minors' use of the services, which has direct implications for parental liability and the attribution of contractual obligations arising from a minor's account activity.
Parents or legal guardians who permit minors aged 13-17 to use OpenAI services accept the terms on the minor's behalf and are responsible for ensuring compliance with usage policies and any obligations arising from the minor's account activity.
How other platforms handle this
Our Products are not directed at children. You must be at least 13 years old to use our Products. If you are under the age of 18, you must have the permission of your parent or legal guardian to use our Products. You represent that you are 13 years of age or older, that you have the legal right to e...
To be eligible to use the Venmo services, you must be a resident of the United States and at least 18 years of age. By accepting these terms, you represent and warrant that you meet the eligibility requirements. If you do not meet these requirements, you may not use the Venmo services.
You may not use Runway's tools to create content that promotes, glorifies, or facilitates acts of terrorism, mass violence, or genocide, or that could be used to provide material support to individuals or organizations engaged in such activities.
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"You must be at least 13 years old to use our Services. If you are under 18, you must have your parent or legal guardian's permission to use the Services. If you are a parent or legal guardian and you allow your child to use the Services, these Terms apply to you and you are responsible for your child's activity on the Services.— Excerpt from OpenAI's OpenAI Business Terms
1) REGULATORY LANDSCAPE: This provision directly engages COPPA (Children's Online Privacy Protection Act), which prohibits collection of personal information from children under 13 without verifiable parental consent. The agreement's prohibition on users under 13 is designed to avoid COPPA obligations, though the FTC enforces COPPA and may examine whether age verification mechanisms are adequate. GDPR Article 8 and UK GDPR establish age thresholds for digital service consent (16 in most EU member states, or 13 where member states have legislated a lower threshold), which may differ from OpenAI's stated minimum age. 2) GOVERNANCE EXPOSURE: Medium. The document states a minimum age of 13 but does not describe technical age verification mechanisms. Absent robust age verification, the provision may not be sufficient to satisfy COPPA or GDPR Article 8 obligations in practice. FTC enforcement actions in this area have addressed both the adequacy of age gates and the collection of data from minors where age verification fails. 3) JURISDICTION FLAGS: EU and UK jurisdictions have specific digital age consent requirements that may set a higher threshold than 13. In EU member states that have not legislated a lower threshold, the GDPR default of 16 applies. California's Age-Appropriate Design Code Act (CAADCA) imposes additional obligations for services likely to be accessed by minors. 4) CONTRACT AND VENDOR IMPLICATIONS: Platform operators who integrate OpenAI APIs into services accessed by minors should assess their own COPPA and GDPR compliance obligations independently of OpenAI's terms, as the upstream agreement does not relieve downstream operators of their regulatory duties. 5) COMPLIANCE CONSIDERATIONS: Organizations should assess whether their deployment of OpenAI services involves any exposure to users under 13 or under 16 (in EU jurisdictions), and whether their own privacy notices and consent mechanisms are adequate for the age groups they serve.
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The agreement places responsibility on parents or legal guardians for minors' use of the services, which has direct implications for parental liability and the attribution of contractual obligations arising from a minor's account activity.
Parents or legal guardians who permit minors aged 13-17 to use OpenAI services accept the terms on the minor's behalf and are responsible for ensuring compliance with usage policies and any obligations arising from the minor's account activity.
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