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
The cap ties the maximum recoverable amount to historical spend, meaning low-spend customers have very limited recourse regardless of the severity of harm.
Your maximum financial recovery from OpenAI—and OpenAI's maximum recovery from you—is capped at what you paid OpenAI in the prior twelve months.
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WITH RESPECT TO RESIDENTS OF NEW JERSEY, TARGET OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES...UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF TARGET'S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
"EACH PARTY'S TOTAL LIABILITY UNDER THE AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT CUSTOMER PAID TO OPENAI DURING THE TWELVE MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO LIABILITY.Excerpt from OpenAI's Business Terms
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The cap ties the maximum recoverable amount to historical spend, meaning low-spend customers have very limited recourse regardless of the severity of harm.
Your maximum financial recovery from OpenAI—and OpenAI's maximum recovery from you—is capped at what you paid OpenAI in the prior twelve months.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.