“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...”
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
This clause shifts financial exposure for certain claims from OpenAI onto business users, meaning business users may bear costs arising from their use of the Services.
Interpretive note: The excerpt is truncated after 'expenses'; the specific triggering circumstances for the indemnification obligation (e.g., third-party claims, breaches) are not present in the quoted language and cannot be stated in the canonical claim.
Business and organisation users are required to financially protect OpenAI, its affiliates, and personnel against qualifying costs, losses, liabilities, and expenses.
How other platforms handle this
You agree to promptly notify the Workday Parties of any Claims, cooperate with the Workday Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims...
You shall cooperate with us in the defense of any Claim.
In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
"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...Excerpt from OpenAI's EU Terms of Use
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This clause shifts financial exposure for certain claims from OpenAI onto business users, meaning business users may bear costs arising from their use of the Services.
Business and organisation users are required to financially protect OpenAI, its affiliates, and personnel against qualifying costs, losses, liabilities, and expenses.
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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