OpenAI · OpenAI Data Processing Addendum · View original document ↗

Either Party may terminate if Sub-Processor objection unresolved

High severity Medium confidence Explicitdocumentlanguage Common · 300 of 352 platforms
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Recent governance activity OpenAI recorded 16 documented changes in the last 30 days.
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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)

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.

Consumer impact (what this means for users)

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

Tinder Medium

You agree that your Tinder account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law.

Perplexity AI Medium

These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company.

ActiveCampaign Medium

You agree that we may, but have no obligation, to identify you as a customer of ActiveCampaign and that ActiveCampaign may, in its sole discretion, refer to you by name, trade name, trademark, logo and other proprietary marks or words...

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▸ View Original Clause Language DOCUMENT RECORD
"
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 OpenAI Data Processing Addendum

Provision details

Document information
Document
OpenAI Data Processing Addendum
Entity
OpenAI
Document last updated
May 11, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-061513
Document ID
CA-D-00757
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
3a1b6bc316e690b84874f1ab6de51ac037a8084441b88c58ba8dec245e06e17d
Analysis generated
July 9, 2026 03:35 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Data Processing Addendum
Record ID: CA-P-061513
Captured: 2026-07-09 03:35:12 UTC
SHA-256: 3a1b6bc316e690b8…
URL: https://conductatlas.com/platform/openai/openai-data-processing-addendum/provision/CA-P-061513/either-party-may-terminate-if-sub-processor-objection-unresolved/
Accessed: July 12, 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 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 300 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.