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
Any claim that any user submission made by you has caused damage to a third party
Any access to or use of the Services or goods through your account by others, including your spouse, dependents, Recipients, and any access by AI Agents you enable or that operate on your behalf...
you agree to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.
"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 229 platforms. See the full comparison.
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