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
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Customer will make all payments of Fees to Baseten free and clear of, and without reduction for, any withholding taxes; any such taxes imposed on payments of Fees to Baseten will be Customer's sole responsibility...
Customer is responsible for all sales, use, ad valorem and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, multinational or local governmental regulatory authority...
Fees are exclusive of taxes, and Customer is required to pay any sales, use, value-added withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of xAI.
"If any such deduction or withholding is required by law, Customer shall increase the payment to OpenAI, or to Customer's reseller, so that the net amount received equals the amount invoiced.Excerpt from OpenAI's Business Terms
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The clause states: “If any such deduction or withholding is required by law, Customer shall increase the payment to OpenAI, or to Customer's reseller, so that the net amount received equals the amount invoiced.”
ConductAtlas has identified this type of provision across 220 platforms. See the full comparison.
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