Legal disputes with OpenAI are governed by California law and must be brought in California courts, regardless of where you live.
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 choice of California law and San Francisco courts means that users outside California, and particularly outside the US, may face practical and legal barriers to pursuing claims, and applicable consumer protection laws in their home jurisdiction may differ from California law.
Interpretive note: The governing law clause may be unenforceable against EU, UK, and certain other international users under mandatory consumer protection provisions in those jurisdictions.
Under this provision, non-California users who pursue claims outside arbitration must do so in California courts under California law, which may be impractical or inconsistent with consumer protection rights in their home jurisdiction.
How other platforms handle this
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Each party irrevocably submits to the exclusive jurisdiction of the courts of Ontario, Canada for t...
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal court...
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"These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. Any disputes not subject to arbitration must be brought in the state or federal courts located in San Francisco County, California.— Excerpt from OpenAI's OpenAI Service Terms
REGULATORY LANDSCAPE: Choice of law and forum clauses are generally enforceable in US commercial contracts; however, EU and UK consumer protection frameworks provide that consumers may bring claims in their home jurisdiction under local law, and foreign choice of law clauses cannot deprive EU or UK consumers of protections afforded by mandatory local law. The Brussels I Regulation (recast) and Rome I Regulation in the EU establish these protections. GOVERNANCE EXPOSURE: Medium. The California governing law provision is standard for US-based technology companies but may be unenforceable against EU and UK consumers who retain rights under mandatory local law. JURISDICTION FLAGS: EU consumers are protected by the Rome I Regulation and Brussels I Regulation (recast) from being deprived of mandatory consumer protection rights by foreign choice of law clauses; UK consumers have equivalent protections post-Brexit; Australian, Canadian, and other international users may have similar rights under applicable domestic law. CONTRACT AND VENDOR IMPLICATIONS: Enterprise contracts with non-US customers should address governing law explicitly rather than relying on these consumer-tier terms, which may not reflect negotiated commercial positions. COMPLIANCE CONSIDERATIONS: Organizations operating under EU or UK regulatory frameworks should assess whether the California governing law provision creates conflicts with mandatory local law requirements applicable to their user bases.
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The choice of California law and San Francisco courts means that users outside California, and particularly outside the US, may face practical and legal barriers to pursuing claims, and applicable consumer protection laws in their home jurisdiction may differ from California law.
Under this provision, non-California users who pursue claims outside arbitration must do so in California courts under California law, which may be impractical or inconsistent with consumer protection rights in their home jurisdiction.
ConductAtlas has identified this type of provision across 175 platforms. See the full comparison.
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