OpenAI · OpenAI Service Terms · View original document ↗

Class Action Waiver

High severity Medium confidence Explicitdocumentlanguage Common · 86 of 343 platforms
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Document Record

What it is

This clause means you cannot join or lead a class action lawsuit against OpenAI; any legal claim must be pursued individually.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The class action waiver limits users' ability to pool claims with other affected individuals, which is particularly relevant for disputes involving small individual harms that may only be practical to pursue collectively.

Interpretive note: Enforceability of class action waivers varies by jurisdiction and may be limited under California law, EU consumer protection directives, and UK consumer rights legislation.

Consumer impact (what this means for users)

Under this provision, each user must pursue any legal claim against OpenAI individually, removing the option to participate in collective or class action litigation that might otherwise be available for widespread shared grievances.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Within 30 days
    Opting out of arbitration within 30 days also addresses the class action waiver; submit written opt-out notice to the address in the How to Contact Us section of the terms.

How other platforms handle this

Teachable Medium

You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.

Substack Medium

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...

Netflix Medium

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND NETFLIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless ...

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▸ View Original Clause Language DOCUMENT RECORD
"
You and OpenAI agree that any disputes must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class, representative, or consolidated proceeding.

— Excerpt from OpenAI's OpenAI Service Terms

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

REGULATORY LANDSCAPE: Class action waivers in consumer contracts are reviewed under the Federal Arbitration Act and have been the subject of FTC and CFPB enforcement attention; in California, the enforceability of class action waivers is constrained by the Discover Bank rule as modified by subsequent case law, and in the EU and UK, such waivers are generally not enforceable against consumers under consumer protection directives. GOVERNANCE EXPOSURE: High. The waiver operates in conjunction with the arbitration clause to limit collective redress mechanisms for all users globally. JURISDICTION FLAGS: California, New Jersey, and other states with strong consumer protection statutes may limit enforcement of class action waivers outside arbitration; EU users retain rights to collective redress under the Representative Actions Directive; UK users may have similar protections. CONTRACT AND VENDOR IMPLICATIONS: Enterprise integrators should note that downstream consumer users may challenge this clause, creating potential compliance exposure if their own agreements incorporate OpenAI's terms by reference. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether this waiver is disclosed with sufficient prominence at account creation and whether jurisdiction-specific carve-outs are required to maintain compliance with EU and state consumer protection frameworks.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has authority over consumer contract terms that may constitute unfair or deceptive practices, including class action waivers in consumer-facing agreements.
    File a complaint →

Applicable regulations

FAA
United States Federal

Provision details

Document information
Document
OpenAI Service Terms
Entity
OpenAI
Document last updated
May 11, 2026
Tracking information
First tracked
May 11, 2026
Last verified
May 11, 2026
Record ID
CA-P-010739
Document ID
CA-D-00754
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
2ef1facac401764c21817a722e9e3d61d775948ef82c79607639558eebd62709
Analysis generated
May 11, 2026 11:40 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Service Terms
Record ID: CA-P-010739
Captured: 2026-05-11 11:40:11 UTC
SHA-256: 2ef1facac401764c…
URL: https://conductatlas.com/platform/openai/openai-service-terms/class-action-waiver/
Accessed: June 27, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does OpenAI's Class Action Waiver clause do?

The class action waiver limits users' ability to pool claims with other affected individuals, which is particularly relevant for disputes involving small individual harms that may only be practical to pursue collectively.

How does this clause affect you?

Under this provision, each user must pursue any legal claim against OpenAI individually, removing the option to participate in collective or class action litigation that might otherwise be available for widespread shared grievances.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 86 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.