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

Business Use Indirect Damages Excluded

High severity High confidence Explicitdocumentlanguage Common · 292 of 352 platforms

Key Facts

What damages does OpenAI exclude liability for?
OpenAI excludes liability, on behalf of itself, its affiliates, and its licensors, for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data.
Does OpenAI exclude liability for indirect, incidental, special, consequential, or exemplary damages?
OpenAI excludes liability, on behalf of itself, its affiliates, and its licensors, for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data.
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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 exclusion removes a broad category of damages that would typically be available in a legal claim, significantly limiting the financial recourse available to business users who suffer harm.

Interpretive note: The excerpt is truncated; additional conditions or carve-outs may follow the quoted language but are not present in the provided text and cannot be assessed.

Consumer impact (what this means for users)

Business users cannot recover indirect, incidental, special, consequential, or exemplary damages—including lost profits, goodwill, use, or data—from OpenAI, its affiliates, or its licensors.

How other platforms handle this

Leonardo AI Medium

If our Platform is not ordinarily used for personal, household or domestic use, our liability for a breach of your Consumer Law Rights is limited to either resupplying our Services, or paying the cost...

Tinder Medium

TINDER ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, AND/OR ACTS ON THROUGH OUR SERVICES, NOR DOES TINDER ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS...

Perplexity AI Medium

we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free.

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Monitoring

OpenAI has changed this document before.

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▸ View Original Clause Language DOCUMENT RECORD
"
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...

Excerpt from OpenAI's EU Terms of Use

Applicable regulations

EU AI Act - High Risk Provisions
EU
FTC Act Section 5
United States Federal

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-059414
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-059414
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-059414/business-use-indirect-damages-excluded/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

Governance intelligence across arbitration, AI governance, data rights, indemnification, and retention

Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.

Frequently Asked Questions

What does OpenAI's Business Use Indirect Damages Excluded clause do?

This exclusion removes a broad category of damages that would typically be available in a legal claim, significantly limiting the financial recourse available to business users who suffer harm.

How does this clause affect you?

Business users cannot recover indirect, incidental, special, consequential, or exemplary damages—including lost profits, goodwill, use, or data—from OpenAI, its affiliates, or its licensors.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 292 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.