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

Indemnitor has sole control of defense and settlement

Medium severity Explicitdocumentlanguage Common · 233 of 352 platforms
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How other platforms handle this

Google Cloud Medium

Any indemnified party must tender sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following...

Walmart Medium

you agree to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.

Writer Medium

We reserve the right to assume the exclusive defense and control of such disputes, and in any event, you agree to cooperate with us in asserting any available defenses.

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▸ View Original Clause Language DOCUMENT RECORD
"
allow the indemnifying party sole control of defense and settlement of the claim including selection of counsel, provided that the party seeking indemnity is entitled to participate in its own defense at its...

Excerpt from OpenAI's Business Terms

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
OpenAI Business Terms
Entity
OpenAI
Document last updated
May 11, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-060049
Document ID
CA-D-00755
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
d94c426a41263f7d81583f26a9f1dc6ca88a070174a55e9238c4e7d25a8f6604
Analysis generated
July 9, 2026 03:44 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Business Terms
Record ID: CA-P-060049
Captured: 2026-07-09 03:44:03 UTC
SHA-256: d94c426a41263f7d…
URL: https://conductatlas.com/platform/openai/openai-business-terms/provision/CA-P-060049/indemnitor-has-sole-control-of-defense-and-settlement/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

Other risks in this policy

Governance intelligence across arbitration, AI governance, data rights, indemnification, and retention

Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.

Frequently Asked Questions

What does OpenAI's Indemnitor has sole control of defense and settlement clause do?

The clause states: “allow the indemnifying party sole control of defense and settlement of the claim including selection of counsel, provided that the party seeking indemnity is entitled to participate in its own defense at its...”

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 233 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.