“If none of the alternatives or solutions are commercially feasible, in OpenAI’s reasonable judgment, or if the objections have not been resolved to the satisfaction of the Parties within 30 days of OpenAI’s receipt of Customer’s objection notice, then either Party may terminate the Agreement or any Order Forms or usage regarding the Services that cannot be provided without the use of the new Sub-Processor.”
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
This gives both OpenAI and the Customer an exit right when they cannot agree on a new Sub-Processor, but the termination right is scoped only to Services that cannot be delivered without that Sub-Processor.
Interpretive note: The excerpt is a fragment; the condition triggering the termination right ('unresolved Sub-Processor objection') is implied by the clause name and context but not fully visible in the quoted language. The canonical claim incorporates that condition accordingly.
If a Customer objects to a new Sub-Processor and the objection is unresolved, the Customer may terminate the Agreement or relevant Order Forms or usage tied to Services requiring that Sub-Processor—and so may OpenAI.
How other platforms handle this
You may terminate your license to use the Twitch Services and this Terms of Service agreement at your discretion at any time by ceasing to use the Twitch Services or, if you are a registered user, by deleting your Twitch account.
In case of such an assignment by us, you are entitled to terminate the agreement with immediate effect by deactivating your account. We will provide you with reasonable notice of any such assignment.
We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms.
"If none of the alternatives or solutions are commercially feasible, in OpenAI’s reasonable judgment, or if the objections have not been resolved to the satisfaction of the Parties within 30 days of OpenAI’s receipt of Customer’s objection notice, then either Party may terminate the Agreement or any Order Forms or usage regarding the Services that cannot be provided without the use of the new Sub-Processor.Excerpt from OpenAI's Data Processing Addendum
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This gives both OpenAI and the Customer an exit right when they cannot agree on a new Sub-Processor, but the termination right is scoped only to Services that cannot be delivered without that Sub-Processor.
If a Customer objects to a new Sub-Processor and the objection is unresolved, the Customer may terminate the Agreement or relevant Order Forms or usage tied to Services requiring that Sub-Processor—and so may OpenAI.
ConductAtlas has identified this type of provision across 298 platforms. See the full comparison.
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