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

OpenAI indemnifies Customer for third-party IP infringement claims

Medium confidence Common · 225 of 343 platforms

Key Facts · in the document’s own words

What does OpenAI agree to indemnify, defend, and hold Customer harmless against?
“OpenAI agrees to indemnify, defend, and hold Customer harmless against any liabilities, damages and costs (including reasonable attorneys' fees) payable to a third party arising out of a Claim alleging that t...”
Version CA-V-005893, captured Aug. 19, 2026 · live source ↗
Our reading, not the document’s words
OpenAI agrees to indemnify, defend, and hold Customer harmless against liabilities, damages, and costs payable to a third party arising out of a claim alleging that the Services infringe that third party's intellectual property rights.
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

Generated by a model from the captured document; not read by a person

This obligation shifts the financial and legal burden of third-party IP infringement claims about the Services from Customer to OpenAI.

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Interpretive note: The excerpt is truncated after 'alleging that t...' and does not reveal the complete definition of the covered 'Claim' or any conditions or exclusions attached to the indemnity. The canonical claim is limited to what the visible text establishes. Any conditions or exclusions in the omitted text are unknown and not asserted.

Consumer impact (what this means for users)

Generated by a model from the captured document; not read by a person

If a third party claims the Services infringe their intellectual property, OpenAI is obligated to defend you and cover resulting liabilities, damages, and reasonable attorneys' fees.

How other platforms handle this

PlanetScale

this Section 14 states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement covered by this Section 14.

Smartsheet

Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...Smartsheet's compliance with designs, specifications, or instructions provided in writing by Customer if such infringement would not have occurred but for such designs, specificati...

Hilton

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
OpenAI agrees to indemnify, defend, and hold Customer harmless against any liabilities, damages and costs (including reasonable attorneys' fees) payable to a third party arising out of a Claim alleging that t...

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-060035
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. 5, 2026)
Citation Record
Entity: OpenAI
Document: OpenAI Business Terms
Record ID: CA-P-060035
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-060035/openai-indemnifies-customer-for-third-party-ip-infringement-claims/
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 OpenAI indemnifies Customer for third-party IP infringement claims clause do?

This obligation shifts the financial and legal burden of third-party IP infringement claims about the Services from Customer to OpenAI.

How does this clause affect you?

If a third party claims the Services infringe their intellectual property, OpenAI is obligated to defend you and cover resulting liabilities, damages, and reasonable attorneys' fees.

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.