Provision record
OpenAI · OpenAI Business Terms · View original document ↗

Customer liable for Affiliate acts and omissions

High severity High confidence Explicit document language Common · 298 of 352 platforms

Key Facts · in the document’s own words

Is Customer responsible and liable for all acts and omissions of its Affiliates that access the Services in connection with the Agreement?
“Customer will be responsible and liable for all acts and omissions of its Affiliates that access the Services in connection with this Agreement.”
Version CA-V-005893, captured Aug. 19, 2026 · live source ↗
Our reading, not the document’s words
OpenAI requires Customer to be responsible and liable for all acts and omissions of its Affiliates that access the Services in connection with the Agreement.
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

Customer bears the full legal and financial consequences of Affiliate conduct, meaning a violation by an Affiliate exposes Customer as if Customer had acted directly.

Consumer impact (what this means for users)

You accept liability for your Affiliates' conduct when they access the Services under your Agreement, with no apparent cap on the scope of acts or omissions covered.

How other platforms handle this

Stripe Medium

When you buy eligible digital goods or services using Stripe Managed Payments, Stripe acts as Merchant of Record and collects Transaction Data and certain order-level details to provide the services...

Pinterest Medium

To the extent that any provisions in the Business Terms of Service conflict with these Terms, the Business Terms of Service shall govern to the extent of the conflict.

Snapchat Medium

Regardless of who terminates these Terms, both you and Snap continue to be bound by Sections 2, 3 (to the extent any additional terms and conditions would, by their terms, survive), and 6 - 25 of the Terms.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
Customer will be responsible and liable for all acts and omissions of its Affiliates that access the Services in connection with this Agreement.

Excerpt from OpenAI's Business Terms

Provision details

Document information
Document
OpenAI Business Terms
Entity
OpenAI
Date stated by the document
Jan. 1, 2026
As printed in OpenAI’s text (version CA-V-005893), not a ConductAtlas date.
Tracking information
First captured by ConductAtlas
May 11, 2026
Text quoted from version
CA-V-005893, captured Aug. 19, 2026
Record ID
CA-P-059954
Document ID
CA-D-000755
Evidence Provenance
Source URL
Wayback Machine
Extracted-text SHA-256 (version CA-V-005893)
1cc366f826c69516bc259f5ee292276978dd55241531317edd17557ff0a256bf
Analysis generated
July 9, 2026 03:44 UTC
Methodology
Evidence
✓ Excerpt found verbatim in version CA-V-005893 (checked Oct. 5, 2026)
Citation Record
Entity: OpenAI
Document: OpenAI Business Terms
Record ID: CA-P-059954
Version: CA-V-005893
Captured: 2026-08-19 00:04:46 UTC
SHA-256: 1cc366f826c69516…
URL: https://conductatlas.com/platform/openai/openai-business-terms/provision/CA-P-059954/customer-liable-for-affiliate-acts-and-omissions/
Accessed: Oct. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does OpenAI's Customer liable for Affiliate acts and omissions clause do?

Customer bears the full legal and financial consequences of Affiliate conduct, meaning a violation by an Affiliate exposes Customer as if Customer had acted directly.

How does this clause affect you?

You accept liability for your Affiliates' conduct when they access the Services under your Agreement, with no apparent cap on the scope of acts or omissions covered.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 298 platforms. See the full comparison.

Is ConductAtlas affiliated with OpenAI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.