California law governs this agreement, and any court disputes must be filed in San Francisco courts, meaning users outside California agree to have their disputes handled under California law in a California court.
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
Users outside California, including international users, who pursue non-arbitrable claims must do so under California law in San Francisco courts, which may create practical and financial barriers to pursuing legal claims.
Interpretive note: Enforceability of the California forum selection clause for EU and UK consumers may be limited by mandatory consumer protection rules that override contractual choice of forum; application varies by jurisdiction.
Non-California users who pursue court claims against OpenAI must do so in San Francisco, California, under California law, which may involve significant travel and legal costs relative to pursuing claims in their home jurisdiction.
How other platforms handle this
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Each party irrevocably submits to the exclusive jurisdiction of the courts of Ontario, Canada for t...
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal court...
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"These Terms are governed by the laws of the State of California, without regard to its conflict of laws provisions. Any disputes not subject to arbitration will be resolved exclusively in the state or federal courts located in San Francisco County, California, and you consent to personal jurisdiction in those courts.— Excerpt from OpenAI's OpenAI Business Terms
1) REGULATORY LANDSCAPE: Forum selection clauses in consumer contracts may require evaluation under EU Regulation 1215/2012 (Brussels I Recast), which generally requires that consumers be sued and may sue in their country of domicile, potentially overriding this forum selection clause for EU consumers. UK courts may apply similar protections post-Brexit. The California choice of law provision may conflict with mandatory consumer protection rules in other jurisdictions that cannot be contractually waived. 2) GOVERNANCE EXPOSURE: Medium. For US users, California governing law and forum selection is a standard provision. For EU and UK users, the practical enforceability of this forum selection clause may be limited by consumer protection rules that cannot be waived by contract, and local courts may apply their own mandatory consumer law regardless of this clause. 3) JURISDICTION FLAGS: EU and UK users have the highest exposure to forum selection unenforceability; Brussels I Recast and equivalent UK rules generally protect consumers' right to litigate in their home jurisdiction. Australian and Canadian consumer protection frameworks may similarly limit forum selection clause enforceability. 4) CONTRACT AND VENDOR IMPLICATIONS: B2B customers should assess whether the California forum and governing law provisions are consistent with their own standard commercial contract requirements and whether enterprise agreements permit negotiation of jurisdiction terms. 5) COMPLIANCE CONSIDERATIONS: Organizations operating internationally should assess whether California governing law is consistent with their obligations under local mandatory consumer or data protection law, and whether their own downstream contracts with users are consistent with this upstream choice of law.
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Users outside California, including international users, who pursue non-arbitrable claims must do so under California law in San Francisco courts, which may create practical and financial barriers to pursuing legal claims.
Non-California users who pursue court claims against OpenAI must do so in San Francisco, California, under California law, which may involve significant travel and legal costs relative to pursuing claims in their home jurisdiction.
ConductAtlas has identified this type of provision across 175 platforms. See the full comparison.
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