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The agreement prohibits a defined list of uses including rights infringement, reverse engineering (with a statutory law exception), automated data extraction, misrepresenting Output as human-generated, service disruption, and using Output to develop competing AI models.
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
The prohibition on using Output to develop competing models is operationally significant for developers and researchers, as it limits downstream use of AI-generated content beyond personal and non-commercial contexts. The reverse engineering restriction includes a carve-out for uses permitted by applicable law, which varies by jurisdiction.
Under these terms, users are prohibited from automated data extraction, misrepresenting AI-generated Output as human-generated, reverse engineering the service (subject to applicable law exceptions), and using Output to develop AI models that compete with OpenAI. Violations may result in account suspension or termination as provided elsewhere in the terms.
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"What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you are prohibited from: Using our Services in a way that infringes, misappropriates or violates anyone's rights. Misusing our reporting or appeals processes, including providing manifestly unfounded submissions. Modifying, copying, leasing, selling or distributing any of our Services. Attempting to or assisting anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law). Automatically or programmatically extracting data or Output (defined below). Representing that Output was human-generated when it was not. Interfering with or disrupting our Services, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations we put on our Services. Using Output to develop models that compete with OpenAI.Excerpt from OpenAI's EU Terms of Use
1. REGULATORY LANDSCAPE: The prohibition on reverse engineering interacts with the EU Software Directive (2009/24/EC), which grants certain interoperability-related decompilation rights that contractual terms cannot override, and with the EU AI Act's transparency requirements for AI-generated content. The prohibition on misrepresenting Output as human-generated engages FTC guidance on AI disclosure and the EU AI Act's requirements for transparency about AI-generated content. 2. GOVERNANCE EXPOSURE: Medium for developers and business users. The prohibition on using Output to develop competing models may limit the operational flexibility of AI developers or researchers who use ChatGPT outputs in their workflows. The automated extraction prohibition has direct implications for data pipeline architectures that rely on screen-scraping or programmatic API circumvention. 3. JURISDICTION FLAGS: The reverse engineering exception for uses permitted by applicable law is material in EEA jurisdictions where the Software Directive grants interoperability rights. The prohibition on misrepresenting Output as human-generated may also interact with national AI transparency laws being implemented across EEA member states. 4. CONTRACT AND VENDOR IMPLICATIONS: Developer and research teams should assess whether their use of OpenAI outputs in model development workflows falls within the prohibition on using Output to develop competing models, and should document their analysis in vendor onboarding records. 5. COMPLIANCE CONSIDERATIONS: Organizations should review internal workflows for automated data extraction or programmatic interaction with OpenAI services to confirm compliance with the acceptable use restrictions, and should implement disclosure practices for AI-generated content consistent with the prohibition on misrepresentation.
The prohibition on using Output to develop competing models is operationally significant for developers and researchers, as it limits downstream use of AI-generated content beyond personal and non-commercial contexts. The reverse engineering restriction includes a carve-out for uses permitted by applicable law, which varies by jurisdiction.
Under these terms, users are prohibited from automated data extraction, misrepresenting AI-generated Output as human-generated, reverse engineering the service (subject to applicable law exceptions), and using Output to develop AI models that compete with OpenAI. Violations may result in account suspension or termination as provided elsewhere in the terms.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.