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

Liability Not Excluded Where Unlawful to Do So

High severity Explicitdocumentlanguage Common · 292 of 352 platforms
Get alerted the next time OpenAI changes these terms. Follow OpenAI →
Share 𝕏 Share in Share 🔒 PDF
Recent governance activity OpenAI recorded 23 documented changes in the last 30 days.
Follow OpenAI →
Monitor governance changes for OpenAI Monitor emails you the same day this changes. The archive stays free.
Follow OpenAI →

Get the weekly research letter

Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean. No account.

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

How other platforms handle this

ActiveCampaign Medium

If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.

Leonardo AI Medium

A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...

Netflix Medium

The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.

See all platforms with this clause type →

Monitoring

OpenAI has changed this document before.

Receive same-day alerts, structured change summaries, and monitoring for up to 20 platforms.

Follow OpenAI → Or create a free account →
▸ View Original Clause Language DOCUMENT RECORD
"
We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protections of the laws applicable to you.

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-059376
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-059376
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-059376/liability-not-excluded-where-unlawful-to-do-so/
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 Liability Not Excluded Where Unlawful to Do So clause do?

The clause states: “We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protections of the laws applicable to you.”

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.