“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...”
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 clause shifts financial exposure for certain claims from OpenAI onto business users, meaning business users may bear costs arising from their use of the Services.
Interpretive note: The excerpt is truncated after 'expenses'; the specific triggering circumstances for the indemnification obligation (e.g., third-party claims, breaches) are not present in the quoted language and cannot be stated in the canonical claim.
Business and organisation users are required to financially protect OpenAI, its affiliates, and personnel against qualifying costs, losses, liabilities, and expenses.
How other platforms handle this
You agree that the provisions of this Section 17 will survive any termination of your account, this Agreement, or your access to the Technology and/or Services.
Walmart reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.
If you're legally exempt from certain responsibilities, including indemnification, then those responsibilities don't apply to you under these terms.
"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...Excerpt from OpenAI's EU Terms of Use
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This clause shifts financial exposure for certain claims from OpenAI onto business users, meaning business users may bear costs arising from their use of the Services.
Business and organisation users are required to financially protect OpenAI, its affiliates, and personnel against qualifying costs, losses, liabilities, and expenses.
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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