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Section 15.6 prohibits Customer from participating as a class member or plaintiff in any class action, consolidated proceeding, or representative action, and requires each party to waive jury trial rights for any court proceedings.
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 establishes that disputes must be pursued individually, prohibiting aggregation of claims through class or representative mechanisms, and includes a mutual jury trial waiver for any disputes that proceed in court.
Interpretive note: Enforceability varies by jurisdiction; EU member state courts may not give effect to class action prohibitions in standard-form commercial agreements under applicable national law.
Under this clause, Customers must bring any claims individually through arbitration and cannot participate as a class plaintiff or class member in litigation or arbitration against OpenAI. The agreement also includes a mutual waiver of jury trial rights for any disputes that proceed in court.
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"Disputes must be brought on an individual basis only and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a Dispute proceeds in court rather than through arbitration, each Party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim.Excerpt from OpenAI's Business Terms
1. REGULATORY LANDSCAPE: Class action waivers in B2B contracts are generally enforceable under the Federal Arbitration Act as interpreted by the U.S. Supreme Court. However, under EU law, particularly Directive 93/13/EEC and national implementing legislation, such waivers in standard-form contracts may be challengeable as unfair terms. The provision expressly carves out participation in class-wide settlements, which preserves some aggregated relief mechanisms. 2. GOVERNANCE EXPOSURE: Medium. The prohibition extends to private attorney general actions, which may interact with California's Private Attorneys General Act, though PAGA applicability to B2B agreements is context-dependent and legally uncertain. The mutual jury trial waiver is a standard commercial provision but should be noted in contract review. 3. JURISDICTION FLAGS: EEA customers may have access to collective redress mechanisms under EU law regardless of this waiver. California's PAGA may present enforceability questions for employment-related claims. The carve-out for class-wide settlements means Customer may benefit from settlements negotiated by others without being a named plaintiff. 4. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should note that this clause prohibits consolidation of arbitration claims with other parties, which may affect how enterprise customers with multiple related entities coordinate disputes. The provision allowing participation in class-wide settlements but not class actions creates an asymmetric participation structure. 5. COMPLIANCE CONSIDERATIONS: Legal teams in EU member states should assess whether national collective redress regulations override this contractual prohibition. Compliance review should document that Customer's legal team reviewed and accepted this waiver as part of contract execution.
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This provision establishes that disputes must be pursued individually, prohibiting aggregation of claims through class or representative mechanisms, and includes a mutual jury trial waiver for any disputes that proceed in court.
Under this clause, Customers must bring any claims individually through arbitration and cannot participate as a class plaintiff or class member in litigation or arbitration against OpenAI. The agreement also includes a mutual waiver of jury trial rights for any disputes that proceed in court.
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