Provision record
OpenAI · OpenAI EU Terms of Use · View original document ↗

Business Use Addendum: Aggregate Liability Cap

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Document Record

What it is

For commercial and business users, the agreement caps OpenAI's total aggregate liability at the greater of fees paid in the prior 12 months or $100, and excludes liability for indirect, incidental, special, consequential, or exemplary damages including lost profits, goodwill, and data losses.

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 provision, which applies specifically to business and commercial users under the Business Use Addendum, establishes a low aggregate liability ceiling and a broad exclusion of consequential damages categories. Its enforceability under EEA or UK law for users who may qualify as consumers under applicable national legislation requires evaluation.

Interpretive note: Enforceability of the liability cap for EEA or UK users who may qualify as consumers under applicable national law depends on jurisdiction-specific assessment and is not resolved by the document's California governing law designation.

Clause Stability Stable

0
Changes
4
Months Monitored
Jul 9, 2026
First Seen
Jul 9, 2026
Last Seen

Change history

added Jul 26, 2026

This expanded liability cap provision now explicitly limits aggregate liability to amounts paid in prior 12 months, significantly reducing OpenAI's legal exposure for business users.

View full change record →

Consumer impact (what this means for users)

Under the Business Use Addendum, business users are subject to an aggregate liability cap of the greater of 12-month fees paid or $100, with consequential and indirect damages categories excluded. The document states these limitations apply only to the maximum extent permitted by applicable law.

Cross-platform context

See how other platforms handle Business Use Addendum: Aggregate Liability Cap and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
Limitation of liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Excerpt from OpenAI's EU Terms of Use

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1.

Insight

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Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Provision details

Document information
Document
OpenAI EU Terms of Use
Entity
OpenAI
Document last updated
May 11, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-013863
Document ID
CA-D-00756
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
86ae292930d3782298e0436c053164660e09a9df37ec6ce35eccab5f9a771aa6
Analysis generated
July 9, 2026 04:09 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI EU Terms of Use
Record ID: CA-P-013863
Captured: 2026-07-09 04:09:20 UTC
SHA-256: 86ae292930d37822…
URL: https://conductatlas.com/platform/openai/openai-eu-terms-of-use/provision/CA-P-013863/business-use-addendum-aggregate-liability-cap/
Accessed: Sept. 8, 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 Business Use Addendum: Aggregate Liability Cap clause do?

This provision, which applies specifically to business and commercial users under the Business Use Addendum, establishes a low aggregate liability ceiling and a broad exclusion of consequential damages categories. Its enforceability under EEA or UK law for users who may qualify as consumers under applicable national legislation requires evaluation.

How does this clause affect you?

Under the Business Use Addendum, business users are subject to an aggregate liability cap of the greater of 12-month fees paid or $100, with consequential and indirect damages categories excluded. The document states these limitations apply only to the maximum extent permitted by applicable law.

Is ConductAtlas affiliated with OpenAI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.