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

Business Use Indirect Damages Excluded

High confidence Common · 281 of 343 platforms

Key Facts · in the document’s own words

What damages does OpenAI exclude liability for?
“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...”
Version CA-V-005279, captured July 26, 2026 · live source ↗
Our reading, not the document’s words
OpenAI excludes liability, on behalf of itself, its affiliates, and its licensors, for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data.
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

Generated by a model from the captured document; not read by a person

This exclusion removes a broad category of damages that would typically be available in a legal claim, significantly limiting the financial recourse available to business users who suffer harm.

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Interpretive note: The excerpt is truncated; additional conditions or carve-outs may follow the quoted language but are not present in the provided text and cannot be assessed.

Consumer impact (what this means for users)

Generated by a model from the captured document; not read by a person

Business users cannot recover indirect, incidental, special, consequential, or exemplary damages—including lost profits, goodwill, use, or data—from OpenAI, its affiliates, or its licensors.

How other platforms handle this

Teladoc

Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites.

Kling AI

If your use of Kling AI results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.

Ford

We take no responsibility for apps or services provided by any third party, including their use of any data.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
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...

Excerpt from OpenAI's EU Terms of Use

Provision details

Document information
Document
OpenAI EU Terms of Use
Entity
OpenAI
Tracking information
First captured by ConductAtlas
May 11, 2026
Text quoted from version
CA-V-005279, captured July 26, 2026
Record ID
CA-P-059414
Document ID
CA-D-000756
Evidence Provenance
Source URL
Wayback Machine
Extracted-text SHA-256 (version CA-V-005279)
91b98bc9066e012313f05b2c52761f3735036525364242afb221849f134eb4ed
Analysis generated
July 9, 2026 04:09 UTC
Methodology
Evidence
✓ Excerpt found in version CA-V-005279, captured July 26, 2026 (checked Oct. 5, 2026)
Citation Record
Entity: OpenAI
Document: OpenAI EU Terms of Use
Record ID: CA-P-059414
Version: CA-V-005279
Captured: 2026-07-26 00:04:17 UTC
SHA-256: 91b98bc9066e0123…
URL: https://conductatlas.com/platform/openai/openai-eu-terms-of-use/provision/CA-P-059414/business-use-indirect-damages-excluded/
Accessed: Oct. 24, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Categories

Other risks in this policy

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Frequently Asked Questions

What does OpenAI's Business Use Indirect Damages Excluded clause do?

This exclusion removes a broad category of damages that would typically be available in a legal claim, significantly limiting the financial recourse available to business users who suffer harm.

How does this clause affect you?

Business users cannot recover indirect, incidental, special, consequential, or exemplary damages—including lost profits, goodwill, use, or data—from OpenAI, its affiliates, or its licensors.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 281 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.