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
The provisions of this Section 5.2 will supersede any non-disclosure agreement by and between the Parties...that would purport to address the confidentiality and security of Customer Property, and such agreement will have no further force or effect...
If any provisions from this Policy are in conflict with any applicable laws, such provisions will be replaced by provisions of the same purport that reflects the original intention of the provision, to the extent permissible under the applicable laws.
Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right... to enforce the Agreement against you as a third party beneficiary thereof.
"Recipient will be responsible for any breach of this Section 7 by its employees, contractors, and agents.Excerpt from OpenAI's Business Terms
Get the weekly coverage letter
Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
The clause states: “Recipient will be responsible for any breach of this Section 7 by its employees, contractors, and agents.”
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.