“NEITHER CUSTOMER NOR OPENAI OR EITHER PARTY'S AFFILIATES OR LICENSORS WILL BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST...”
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 exclusion means that large categories of harm—including lost profits and consequential losses—are unrecoverable from either party regardless of the severity or cause of the harm.
Interpretive note: The excerpt is truncated after 'INCLUDING LOST...' so the full list of excluded damage types cannot be confirmed. The canonical claim and derived fields are limited strictly to the damage categories explicitly visible in the provided text. The truncation is flagged in omitted_material.
You cannot recover indirect, punitive, incidental, special, consequential, or exemplary damages from OpenAI under this Agreement, and OpenAI cannot recover them from you.
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"NEITHER CUSTOMER NOR OPENAI OR EITHER PARTY'S AFFILIATES OR LICENSORS WILL BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST...Excerpt from OpenAI's Business Terms
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This exclusion means that large categories of harm—including lost profits and consequential losses—are unrecoverable from either party regardless of the severity or cause of the harm.
You cannot recover indirect, punitive, incidental, special, consequential, or exemplary damages from OpenAI under this Agreement, and OpenAI cannot recover them from you.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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