Business and organizational users are required to indemnify OpenAI, its affiliates, and personnel against costs, losses, liabilities, and attorneys' fees arising from third-party claims related to their use of the services or violation of the terms.
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 indemnification obligation applies broadly to any third-party claim arising out of or relating to business use of the services or Content, which could include claims by third parties whose data or intellectual property appears in user Content. Organizations should assess the scope of this obligation relative to their use cases.
Interpretive note: The breadth of 'arising out of or relating to your use of the Services and Content' creates interpretive uncertainty regarding which categories of third-party claims fall within the indemnification scope in specific use cases.
This new indemnification requirement places liability for third-party claims on business users, substantially shifting legal risk from OpenAI to organizational customers.
View full change record →Under this clause, business and organizational users bear indemnification obligations to OpenAI for third-party claims arising from their use of the services or Content, including attorneys' fees. The provision is qualified by the phrase 'to the extent permitted by law.'
Cross-platform context
See how other platforms handle Business Use Addendum: Indemnification Obligation and similar clauses.
Compare across platforms →"Indemnity. 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 (including attorneys' fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.Excerpt from OpenAI's EU Terms of Use
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This indemnification obligation applies broadly to any third-party claim arising out of or relating to business use of the services or Content, which could include claims by third parties whose data or intellectual property appears in user Content. Organizations should assess the scope of this obligation relative to their use cases.
Under this clause, business and organizational users bear indemnification obligations to OpenAI for third-party claims arising from their use of the services or Content, including attorneys' fees. The provision is qualified by the phrase 'to the extent permitted by law.'
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