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

Business Use Addendum: Indemnification Obligation

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Document Record

What it is

Business and organizational users are required to indemnify OpenAI, its affiliates, and personnel against costs, losses, liabilities, and attorneys' fees arising from third-party claims related to their use of the services or violation of the 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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This indemnification obligation applies broadly to any third-party claim arising out of or relating to business use of the services or Content, which could include claims by third parties whose data or intellectual property appears in user Content. Organizations should assess the scope of this obligation relative to their use cases.

Interpretive note: The breadth of 'arising out of or relating to your use of the Services and Content' creates interpretive uncertainty regarding which categories of third-party claims fall within the indemnification scope in specific use cases.

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 new indemnification requirement places liability for third-party claims on business users, substantially shifting legal risk from OpenAI to organizational customers.

View full change record →

Consumer impact (what this means for users)

Under this clause, business and organizational users bear indemnification obligations to OpenAI for third-party claims arising from their use of the services or Content, including attorneys' fees. The provision is qualified by the phrase 'to the extent permitted by law.'

Cross-platform context

See how other platforms handle Business Use Addendum: Indemnification Obligation and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
Indemnity. If you are a business or organisation, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys' fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

Excerpt from OpenAI's EU Terms of Use

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1.

Insight

Unlock the full institutional analysis

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-013864
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-013864
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-013864/business-use-addendum-indemnification-obligation/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does OpenAI's Business Use Addendum: Indemnification Obligation clause do?

This indemnification obligation applies broadly to any third-party claim arising out of or relating to business use of the services or Content, which could include claims by third parties whose data or intellectual property appears in user Content. Organizations should assess the scope of this obligation relative to their use cases.

How does this clause affect you?

Under this clause, business and organizational users bear indemnification obligations to OpenAI for third-party claims arising from their use of the services or Content, including attorneys' fees. The provision is qualified by the phrase 'to the extent permitted by law.'

Is ConductAtlas affiliated with OpenAI?

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