For commercial and business users, the agreement caps OpenAI's total aggregate liability at the greater of fees paid in the prior 12 months or $100, and excludes liability for indirect, incidental, special, consequential, or exemplary damages including lost profits, goodwill, and data losses.
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 provision, which applies specifically to business and commercial users under the Business Use Addendum, establishes a low aggregate liability ceiling and a broad exclusion of consequential damages categories. Its enforceability under EEA or UK law for users who may qualify as consumers under applicable national legislation requires evaluation.
Interpretive note: Enforceability of the liability cap for EEA or UK users who may qualify as consumers under applicable national law depends on jurisdiction-specific assessment and is not resolved by the document's California governing law designation.
This expanded liability cap provision now explicitly limits aggregate liability to amounts paid in prior 12 months, significantly reducing OpenAI's legal exposure for business users.
View full change record →Under the Business Use Addendum, business users are subject to an aggregate liability cap of the greater of 12-month fees paid or $100, with consequential and indirect damages categories excluded. The document states these limitations apply only to the maximum extent permitted by applicable law.
Cross-platform context
See how other platforms handle Business Use Addendum: Aggregate Liability Cap and similar clauses.
Compare across platforms →"Limitation of liability. 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 OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.Excerpt from OpenAI's EU Terms of Use
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This provision, which applies specifically to business and commercial users under the Business Use Addendum, establishes a low aggregate liability ceiling and a broad exclusion of consequential damages categories. Its enforceability under EEA or UK law for users who may qualify as consumers under applicable national legislation requires evaluation.
Under the Business Use Addendum, business users are subject to an aggregate liability cap of the greater of 12-month fees paid or $100, with consequential and indirect damages categories excluded. The document states these limitations apply only to the maximum extent permitted by applicable law.
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