OpenAI · OpenAI Business Terms · View original document ↗

Exclusion of indirect and consequential damages

High severity Medium confidence Explicitdocumentlanguage Common · 288 of 352 platforms
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Recent governance activity OpenAI recorded 16 documented changes in the last 30 days.
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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)

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.

Consumer impact (what this means for users)

You cannot recover indirect, punitive, incidental, special, consequential, or exemplary damages from OpenAI under this Agreement, and OpenAI cannot recover them from you.

How other platforms handle this

Tinder Medium

TINDER ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, AND/OR ACTS ON THROUGH OUR SERVICES, NOR DOES TINDER ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS...

Perplexity AI Medium

we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free.

Skillshare Medium

Please note that these third parties are responsible for their own privacy practices.

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▸ View Original Clause Language DOCUMENT RECORD
"
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 OpenAI Business Terms

Applicable regulations

EU AI Act - High Risk Provisions
EU
FTC Act Section 5
United States Federal

Provision details

Document information
Document
OpenAI Business Terms
Entity
OpenAI
Document last updated
May 11, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-060055
Document ID
CA-D-00755
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
d94c426a41263f7d81583f26a9f1dc6ca88a070174a55e9238c4e7d25a8f6604
Analysis generated
July 9, 2026 03:44 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Business Terms
Record ID: CA-P-060055
Captured: 2026-07-09 03:44:03 UTC
SHA-256: d94c426a41263f7d…
URL: https://conductatlas.com/platform/openai/openai-business-terms/provision/CA-P-060055/exclusion-of-indirect-and-consequential-damages/
Accessed: July 12, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does OpenAI's Exclusion of indirect and consequential damages clause do?

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.

How does this clause affect you?

You cannot recover indirect, punitive, incidental, special, consequential, or exemplary damages from OpenAI under this Agreement, and OpenAI cannot recover them from you.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 288 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.