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

Arbitration section illegality triggers full unenforceability if class arbitration enabled

High severity Explicitdocumentlanguage Common · 211 of 352 platforms
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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

How other platforms handle this

Wise Medium

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...

Chegg Medium

If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.

Microsoft Copilot Medium

except disputes relating to the enforcement or validity of your, your licensors', our, or our licensors' intellectual property rights

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▸ View Original Clause Language DOCUMENT RECORD
"
if a finding of partial illegality or unenforceability would allow class or representative arbitration, this Section 15 will be unenforceable in its entirety.

Excerpt from OpenAI's Business Terms

Applicable regulations

FAA
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-060087
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-060087
Captured: 2026-07-09 03:44:03 UTC
SHA-256: d94c426a41263f7d…
URL: https://conductatlas.com/platform/openai/openai-business-terms/provision/CA-P-060087/arbitration-section-illegality-triggers-full-unenforceability-if-class-arbitration-enabled/
Accessed: July 25, 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 Arbitration section illegality triggers full unenforceability if class arbitration enabled clause do?

The clause states: “if a finding of partial illegality or unenforceability would allow class or representative arbitration, this Section 15 will be unenforceable in its entirety.”

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 211 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.