Provision record
OpenAI · OpenAI Service Terms · View original document ↗

API Output Indemnification By OpenAI

High severity High confidence Explicitdocumentlanguage Common · 233 of 352 platforms

Key Facts

What third-party claims are included in OpenAI's indemnification obligations to API customers?
OpenAI's indemnification obligations to API customers include any third-party claim that the Customer's use or distribution of Output infringes a third party's intellectual property right.
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Recent governance activity OpenAI recorded 23 documented changes in the last 30 days.
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ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This indemnity shifts financial and legal exposure for intellectual property infringement claims arising from Output directly onto OpenAI rather than the API customer.

Recent Activity

This document changed recently

Medium Jun 2, 2026

The updated terms establish new licensing provisions for customers who download and install software components (Licensed Materials) on their own systems. Under the revised terms, OpenAI grants a limited, non-exclusive, non-transferable license to install and use Licensed Materials solely in connection with the Services, but customers may not modify, redistribute, or sublicense the materials. Upon termination of service, customers must permanently delete the Licensed Materials. Additionally, OpenAI introduced a new ChatGPT Sites feature for creating and publishing websites, with use governed by separate ChatGPT Sites Terms. You can review the ChatGPT Sites Terms via the referenced link to understand specific conditions for website creation and maintenance.

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Consumer impact (what this means for users)

As an API customer, you are indemnified by OpenAI against third-party intellectual property claims arising from your use or distribution of Output.

How other platforms handle this

Instacart Medium

Your subsequent use of content generated by AI Features.

Runway Medium

You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.

Chegg Medium

These indemnity obligations shall survive any expiration or termination of your relationship with Chegg.

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▸ View Original Clause Language DOCUMENT RECORD
"
OpenAI's indemnification obligations to API customers under the Agreement include any third party claim that Customer's use or distribution of Output infringes a third party's intellectual property right.

Excerpt from OpenAI's Service Terms

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
OpenAI Service Terms
Entity
OpenAI
Document last updated
May 11, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-064336
Document ID
CA-D-00754
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
244630cbe4a38d90d21eac1b7bc2a6ab3d1c52e5724e9b685d092817b2e62431
Analysis generated
July 9, 2026 03:43 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Service Terms
Record ID: CA-P-064336
Captured: 2026-07-09 03:43:28 UTC
SHA-256: 244630cbe4a38d90…
URL: https://conductatlas.com/platform/openai/openai-service-terms/provision/CA-P-064336/api-output-indemnification-by-openai/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

Governance intelligence across arbitration, AI governance, data rights, indemnification, and retention

Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.

Frequently Asked Questions

What does OpenAI's API Output Indemnification By OpenAI clause do?

This indemnity shifts financial and legal exposure for intellectual property infringement claims arising from Output directly onto OpenAI rather than the API customer.

How does this clause affect you?

As an API customer, you are indemnified by OpenAI against third-party intellectual property claims arising from your use or distribution of Output.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 233 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.