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
Mandatory binding arbitration forecloses litigation in court and extends to Disputes predating the Agreement, significantly limiting the legal forums and remedies available to Customer.
Interpretive note: The excerpt does not define 'Disputes.' The scope of that term affects the reach of the arbitration obligation but is not stated in the excerpt and so is not asserted in the canonical claim.
You are required to arbitrate all Disputes with OpenAI on a final and binding basis, including any Dispute that arose before this Agreement was in place.
How other platforms handle this
except disputes relating to the enforcement or validity of your, your licensors', our, or our licensors' intellectual property rights
This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and permitted assigns...
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
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"Customer and OpenAI agree to resolve any Disputes, regardless of when they arose, even if it was before this Agreement existed, through final and binding arbitration.— Excerpt from OpenAI's OpenAI Business Terms
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Mandatory binding arbitration forecloses litigation in court and extends to Disputes predating the Agreement, significantly limiting the legal forums and remedies available to Customer.
You are required to arbitrate all Disputes with OpenAI on a final and binding basis, including any Dispute that arose before this Agreement was in place.
ConductAtlas has identified this type of provision across 207 platforms. See the full comparison.
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