Provision record
OpenAI · OpenAI Data Processing Addendum · View original document ↗

Either Party may terminate if Sub-Processor objection unresolved

Medium confidence Common · 290 of 343 platforms

Key Facts · in the document’s own words

When may either party terminate the Agreement or any Order Forms?
“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.”
Version CA-V-005936, captured Aug. 20, 2026 · live source ↗
Our reading, not the document’s words
Either party may terminate the Agreement or any Order Forms or usage regarding Services that cannot be provided without the use of a new Sub-Processor if an objection to that Sub-Processor is unresolved.
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

Generated by a model from the captured document; not read by a person

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.

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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.

Consumer impact (what this means for users)

Generated by a model from the captured document; not read by a person

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

Credit Karma

Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right... to enforce the Agreement against you as a third party beneficiary thereof.

Teladoc

Teladoc Health may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Anyscale

Neither Party will have the power or authority to bind the other or incur any obligations on the other's behalf without the other Party's prior written consent.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
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

Provision details

Document information
Document
OpenAI Data Processing Addendum
Entity
OpenAI
Date stated by the document
Jan. 1, 2026
As printed in OpenAI’s text (version CA-V-005936), not a ConductAtlas date.
Tracking information
First captured by ConductAtlas
May 11, 2026
Text quoted from version
CA-V-005936, captured Aug. 20, 2026
Record ID
CA-P-061513
Document ID
CA-D-000757
Evidence Provenance
Source URL
Wayback Machine
Extracted-text SHA-256 (version CA-V-005936)
3576c9c2da3364bebf36269c4340b36cad2c77854aec7ec441aa394207198c93
Analysis generated
July 9, 2026 03:35 UTC
Methodology
Evidence
✓ Excerpt found in version CA-V-005936, captured Aug. 20, 2026 (checked Oct. 6, 2026)
Citation Record
Entity: OpenAI
Document: OpenAI Data Processing Addendum
Record ID: CA-P-061513
Version: CA-V-005936
Captured: 2026-08-20 00:04:53 UTC
SHA-256: 3576c9c2da3364be…
URL: https://conductatlas.com/platform/openai/openai-data-processing-addendum/provision/CA-P-061513/either-party-may-terminate-if-sub-processor-objection-unresolved/
Accessed: Oct. 18, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Categories

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Frequently Asked Questions

What does OpenAI's Either Party may terminate if Sub-Processor objection unresolved clause do?

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.

How does this clause affect you?

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 many platforms have this type of clause?

ConductAtlas has identified this type of provision across 290 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.