The agreement caps OpenAI's total financial liability to users at the greater of the fees paid in the prior 12 months or $100, and excludes indirect, consequential, and punitive damages.
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 limits the financial exposure OpenAI accepts for service-related claims to a maximum of $100 for most users who have not paid fees. The exclusion of consequential and indirect damages further limits the categories of loss for which users may seek compensation.
Interpretive note: Enforceability of the liability cap against EU/EEA and UK consumers may be limited by applicable consumer protection law and GDPR; the 'maximum extent permitted by law' qualifier acknowledges this jurisdictional variance.
Expanded liability exclusions to explicitly include affiliates, employees, and agents; added specific exclusions for 'loss of profits or revenues' and 'loss of data, use, goodwill, or other intangible losses'; removed the specific $100 minimum cap and 12-month lookback period language (text appears truncated in current version).
View full change record →Under this clause, the maximum amount a user can recover from OpenAI for most service-related claims is the greater of fees paid in the prior year or $100. Losses such as lost profits, lost data, or indirect damages are excluded from recoverable amounts under this clause.
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"To the maximum extent permitted by law, neither OpenAI nor any of our affiliates, employees, or agents will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our Services. In no event shall OpenAI's total liability exceed the greater of the amount you paid for the Service that gave rise to the claim in the prior 12 months or $100.— Excerpt from OpenAI's OpenAI Business Terms
(1) REGULATORY LANDSCAPE: Liability caps and consequential damage exclusions in consumer contracts may be subject to review under EU Directive 93/13/EEC on unfair contract terms, which can render such clauses unenforceable against EU consumers for losses caused by the provider's negligence or breach. Under GDPR, liability for data protection violations cannot be contractually waived. Relevant enforcement authorities include EU national courts and data protection authorities. (2) GOVERNANCE EXPOSURE: Medium. For enterprise API customers, the $100 floor is operationally significant relative to the scale of potential service disruption or data loss. The 'maximum extent permitted by law' qualifier preserves statutory rights that cannot be waived, but the practical ceiling is low for most users. (3) JURISDICTION FLAGS: EU/EEA and UK consumers may retain statutory rights that limit the enforceability of this cap for claims involving negligence or breach of implied terms. California consumers may have rights under state consumer protection law that interact with this provision. The clause is most clearly enforceable in commercial (non-consumer) US contracts. (4) CONTRACT AND VENDOR IMPLICATIONS: Operators and enterprise customers should assess whether this cap is consistent with their own vendor risk frameworks and whether enhanced liability terms are available through negotiated commercial agreements with OpenAI. (5) COMPLIANCE CONSIDERATIONS: For operators who have made commitments to their own customers regarding service availability or data integrity, the gap between OpenAI's liability cap and the operator's own exposure represents a contractual risk that should be evaluated in vendor assessment processes.
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This provision limits the financial exposure OpenAI accepts for service-related claims to a maximum of $100 for most users who have not paid fees. The exclusion of consequential and indirect damages further limits the categories of loss for which users may seek compensation.
Under this clause, the maximum amount a user can recover from OpenAI for most service-related claims is the greater of fees paid in the prior year or $100. Losses such as lost profits, lost data, or indirect damages are excluded from recoverable amounts under this clause.
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