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 establishes the mechanism by which contractual obligations between OpenAI and users can be altered without separate negotiation or explicit consent. The provision creates a binding acceptance framework where service continuation operates as affirmation of amended terms.
Interpretive note: Whether 'continued use as acceptance' satisfies EU consumer contract modification requirements varies by member state; some jurisdictions may require affirmative consent for material changes.
Users operate under terms that OpenAI may modify with 30 days' notice, with the requirement to affirmatively discontinue service use before the effective date to avoid accepting modifications. The terms apply as written upon continued use following the notice period.
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You acknowledge that you have read these Terms of Use, and accept, understand and will be bound by such terms and conditions. You further acknowledge that these Terms of Use contain a pre-dispute arbitration clause.
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"We may update these Terms from time to time. We will notify you of material changes by posting a notice on our website or sending you an email at least 30 days before the changes take effect. Your continued use of the Services after the changes take effect constitutes your acceptance of the new Terms. If you do not agree with the changes, you must stop using the Services before the effective date.— Excerpt from OpenAI's OpenAI EU Terms of Use
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This clause establishes the mechanism by which contractual obligations between OpenAI and users can be altered without separate negotiation or explicit consent. The provision creates a binding acceptance framework where service continuation operates as affirmation of amended terms.
Users operate under terms that OpenAI may modify with 30 days' notice, with the requirement to affirmatively discontinue service use before the effective date to avoid accepting modifications. The terms apply as written upon continued use following the notice period.
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