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
The updated terms introduce a new Prompt-to-Voice feature with strict usage requirements. Users must obtain express consent before reproducing any person's voice, must clearly disclose that generated speech is AI-generated, and must not remove or alter OpenAI-provided AI-origin indicators. Critically, OpenAI's indemnification obligations do not apply to Prompt-to-Voice or its output, meaning customers and End Users bear full legal liability if generated speech infringes third-party intellectual property rights or violates consent requirements.
View change record →The updated terms establish new responsibilities for users who deploy autonomous agents (Dots). Users must provide clear instructions, set appropriate limits, monitor agent actions, and are liable for transactions the agents make on their behalf. Additionally, users connecting their ChatGPT accounts to third-party services via Sign in with ChatGPT will share authentication information and usage data with those services, subject to those services' own terms and policies. You can review the Sign in with ChatGPT Terms and the third-party service's privacy policy before connecting your account.
View change record →The updated terms introduce OpenAI Academy, a free learning platform, and establish separate governance for it. If you access Academy through an organization-associated email address or account (including via Sign in with ChatGPT with a workspace account), OpenAI states it may share your Academy activity data—including enrollment, engagement, progress, and completion status—with your organization's owners or administrators. Business or enterprise workspace terms do not apply to Academy use, even when you sign in with a workspace account. You can review the separate OpenAI Academy Terms of Use and Code of Conduct to understand the specific rules governing Academy access.
View change record →How other platforms handle this
This Section 9.1(b) states the indemnifying party's entire liability to the indemnified parties, and the indemnified parties' sole and exclusive rights and remedies, with respect to an IP Claim.
Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...use of the Services or Customizations by Customer after notice by Smartsheet to discontinue use.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
"(v) the claim alleges violation of trademark or related rights based on Customer's or its End Users' use of Output in trade or commerceExcerpt from OpenAI's Service Terms
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The clause states: “(v) the claim alleges violation of trademark or related rights based on Customer's or its End Users' use of Output in trade or commerce”
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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