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 clause establishes an obligation for users to assume financial and legal responsibility for certain categories of claims against OpenAI. The provision allocates to users the costs of defending against and satisfying claims connected to their service use, content contributions, or breach of contractual or legal obligations.
Interpretive note: Enforceability of this indemnification clause against individual consumers may be constrained by EU Unfair Contract Terms Directive analysis in specific member states; outcome is jurisdiction-dependent.
Users assume an obligation to cover OpenAI's defense costs and damages resulting from claims arising out of their service use, their uploaded content, or their violations of the Terms or law. This obligation extends to reasonable attorneys' fees and applies across multiple categories of potential claims.
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"You agree to defend, indemnify, and hold harmless OpenAI and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Services, your Content, or your violation of these Terms or applicable law.— Excerpt from OpenAI's OpenAI EU Terms of Use
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This indemnification clause establishes an obligation for users to assume financial and legal responsibility for certain categories of claims against OpenAI. The provision allocates to users the costs of defending against and satisfying claims connected to their service use, content contributions, or breach of contractual or legal obligations.
Users assume an obligation to cover OpenAI's defense costs and damages resulting from claims arising out of their service use, their uploaded content, or their violations of the Terms or law. This obligation extends to reasonable attorneys' fees and applies across multiple categories of potential claims.
ConductAtlas has identified this type of provision across 84 platforms. See the full comparison.
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