The agreement prohibits use by anyone under 13 and requires parental or guardian consent for users between the ages of 13 and 17.
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 establishes minimum age eligibility for all OpenAI services and imposes a parental consent requirement for minors between 13 and 17. The provision creates compliance obligations for operators deploying OpenAI services in contexts where minors may be users.
Removed the third sentence holding parents/guardians liable for their child's activity on the Services, significantly reducing parental responsibility provisions.
View full change record →Under these terms, users under 13 are not permitted to create accounts or use the services. Users aged 13 to 17 are permitted to use the services only with documented parental or guardian permission.
How other platforms handle this
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You must be at least 13 years old (or the minimum age required in your country) to use Threads. If you are under 18, you must have your parent or legal guardian's permission to use Threads.
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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 guardian's permission to use our Services.— Excerpt from OpenAI's OpenAI Business Terms
(1) REGULATORY LANDSCAPE: This provision directly implicates the Children's Online Privacy Protection Act (COPPA), which restricts collection of personal data from children under 13 without verifiable parental consent. For EU/EEA deployments, GDPR Article 8 sets the age of digital consent at 16 (or as low as 13 where member states have set a lower threshold). The UK Age Appropriate Design Code (Children's Code) may apply to services likely accessed by minors. Relevant enforcement authorities include the FTC (COPPA), EU national data protection authorities (GDPR Article 8), and the UK ICO. (2) GOVERNANCE EXPOSURE: High for operators deploying OpenAI in consumer-facing or educational contexts where minors may access the platform. The agreement places responsibility on users and operators to enforce age restrictions, but does not specify technical age verification mechanisms. (3) JURISDICTION FLAGS: The EU/EEA, UK, and US present the highest regulatory exposure for age-related compliance. State-level children's privacy laws in California, Colorado, Connecticut, Virginia, and others may impose additional requirements on operators. (4) CONTRACT AND VENDOR IMPLICATIONS: Operators building applications on OpenAI's API for general consumer audiences should assess whether their own age verification and parental consent mechanisms are adequate to satisfy COPPA, GDPR Article 8, and applicable state laws. The agreement does not specify what parental consent mechanism satisfies the requirement. (5) COMPLIANCE CONSIDERATIONS: Operators should review their age gate and consent collection workflows, ensure that personal data of users under 13 is not transmitted to OpenAI's API, and assess whether their privacy notices accurately describe data practices for minor users. Educational institutions using OpenAI services should evaluate FERPA and COPPA obligations separately.
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This provision establishes minimum age eligibility for all OpenAI services and imposes a parental consent requirement for minors between 13 and 17. The provision creates compliance obligations for operators deploying OpenAI services in contexts where minors may be users.
Under these terms, users under 13 are not permitted to create accounts or use the services. Users aged 13 to 17 are permitted to use the services only with documented parental or guardian permission.
ConductAtlas has identified this type of provision across 6 platforms. See the full comparison.
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