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
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In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in New York County, New York, USA...
For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
"This Agreement will be governed by the Governing Laws. Without prejudice to Section 15, all claims arising out of or relating to this Agreement will be brought exclusively in the Venue.Excerpt from OpenAI's Business Terms
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The clause states: “This Agreement will be governed by the Governing Laws. Without prejudice to Section 15, all claims arising out of or relating to this Agreement will be brought exclusively in the Venue.”
ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.
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