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

Indemnitor has sole control of defense and settlement

Common · 225 of 343 platforms
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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

How other platforms handle this

Ramp

Ramp will have sole control and authority to defend the claim, provided (i) Company may participate in the defense and settlement of the claim with counsel of its own choosing at its own expense.

Anyscale

The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder, provided that the Indemnifying Party may not settle any Claim without the Indemnified Party's prior written approval unless...

Smartsheet

giving the defending party the right to fully control the defense and settlement of the Claim provided, however, that any settlement unconditionally releases Customer Parties or Smartsheet Parties subject to the Claim of all liability...

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
A party seeking indemnity will provide the indemnifying party with prompt written notice upon becoming aware of any claim, reasonable cooperation in the defense of or investigation of the claim and 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

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-060049
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 in version CA-V-005893, captured Aug. 19, 2026 (checked Oct. 6, 2026)
Citation Record
Entity: OpenAI
Document: OpenAI Business Terms
Record ID: CA-P-060049
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-060049/indemnitor-has-sole-control-of-defense-and-settlement/
Accessed: Oct. 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Categories

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Frequently Asked Questions

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

The clause states: “A party seeking indemnity will provide the indemnifying party with prompt written notice upon becoming aware of any claim, reasonable cooperation in the defense of or investigation of the claim and allow the indemnifying party sole control of defense and settlement of the claim including selection of counsel, provided that …”

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 225 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.