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

Exclusion of indirect and consequential damages

Medium confidence Common · 281 of 343 platforms

Key Facts · in the document’s own words

What damages are excluded under the Agreement?
“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...”
Version CA-V-005893, captured Aug. 19, 2026 · live source ↗
Our reading, not the document’s words
OpenAI excludes liability of both parties, their Affiliates, and licensors for indirect, punitive, incidental, special, consequential, or exemplary damages under the Agreement.
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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 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.

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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)

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

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

Kling AI

We may be unable to fulfill certain data requests for legitimate reasons, such as protecting trade secrets, intellectual property, or complying with legal obligations.

Credit Karma

Credit Karma makes no guarantees to you on credit improvement or performance.

See all platforms with this clause type →
▸ 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 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-060055
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-060055
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-060055/exclusion-of-indirect-and-consequential-damages/
Accessed: Oct. 24, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Categories

Other risks in this policy

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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 281 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.