OpenAI can change these terms at any time; if you keep using the service after changes take effect, the agreement treats that as your acceptance of the new terms.
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 agreement establishes that continued use constitutes acceptance of updated terms, meaning users may be bound by new obligations without affirmative re-consent, though the document states OpenAI will try to provide advance notice of material changes.
Removal of this standalone provision eliminates explicit notice procedures for material changes to Terms, though similar language may be incorporated elsewhere.
View full change record →Users who continue using ChatGPT or other OpenAI services after a terms update are treated as having accepted the new terms, even if they did not actively review or agree to the changes; notice of material changes is stated as a goal rather than a guaranteed obligation.
How other platforms handle this
Target reserves the right to change these Terms at any time. We will post notification of changes to these Terms on this page. Your continued use of the Target Services after any changes to these Terms constitutes your acceptance of the new Terms.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking eff...
Uber reserves the right to modify the terms and conditions of these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms on the Services. You should regularly review these Terms, as your continued use of the Services after any such c...
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"We may update these Terms from time to time. We will try to provide notice of material changes, such as posting a notice through the Services or sending you an email, before the change takes effect. Your continued use of the Services after the new Terms take effect will constitute your acceptance of the changes.— Excerpt from OpenAI's OpenAI Business Terms
1) REGULATORY LANDSCAPE: Unilateral modification clauses with implied acceptance through continued use may require evaluation under EU Directive 93/13/EEC on unfair contract terms, which may require explicit consent for material changes in consumer contracts. The UK Consumer Rights Act 2015 similarly places limits on terms that allow unilateral variation without adequate notice. GDPR Article 13 and 14 impose notification obligations when data processing purposes change materially. 2) GOVERNANCE EXPOSURE: Medium. The 'will try to provide notice' formulation is not a binding obligation, which means users may not receive advance notice in all cases. This is a common provision in consumer technology terms, but the combination with a broad content license and data use provision means material changes could affect user data rights without guaranteed prior notification. 3) JURISDICTION FLAGS: EU and UK jurisdictions present the highest exposure for implied acceptance through continued use, as consumer protection frameworks in these regions may require explicit re-consent for material contractual changes. California consumers may also have rights under state consumer protection law. 4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise and API customers should confirm whether their commercial agreements contain change notification and acceptance provisions that supersede this consumer-facing modification clause, and whether they have the right to terminate without penalty if material terms change. 5) COMPLIANCE CONSIDERATIONS: Organizations deploying OpenAI services should monitor for terms updates and assess whether any changes affect their data processing agreements, privacy notices, or downstream contractual obligations to their own users.
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The agreement establishes that continued use constitutes acceptance of updated terms, meaning users may be bound by new obligations without affirmative re-consent, though the document states OpenAI will try to provide advance notice of material changes.
Users who continue using ChatGPT or other OpenAI services after a terms update are treated as having accepted the new terms, even if they did not actively review or agree to the changes; notice of material changes is stated as a goal rather than a guaranteed obligation.
ConductAtlas has identified this type of provision across 63 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.