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
Without affecting either party's termination rights and to the extent permitted by applicable law, this Section 14 states the parties' sole and exclusive remedy under the Agreement for any Allegations of Intellectual Property Rights infringement covered by this Section 14.
To the extent permitted by applicable law, this Section 13 (Indemnification) states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement...
In response to an actual or potential Infringement Claim, Atlassian may, at its option: (a) procure rights for Customer's continued use of the Products, (b) replace or modify the alleged infringing portion...or (c) terminate the affected Subscription Term...
"If OpenAI reasonably believes that all or any portion of the Services is likely to become the subject of an infringement Claim, OpenAI will: (a) obtain, at OpenAI's expense, the right for Customer to contin...Excerpt from OpenAI's Business Terms
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The clause states: “If OpenAI reasonably believes that all or any portion of the Services is likely to become the subject of an infringement Claim, OpenAI will: (a) obtain, at OpenAI's expense, the right for Customer to contin...”
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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