OpenAI · OpenAI Service Terms · View original document ↗

Mandatory Arbitration and Class Action Waiver

High severity Medium confidence Explicitdocumentlanguage Common · 133 of 343 platforms
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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 clause modifies the dispute resolution mechanism from court proceedings to arbitration and specifies that all proceedings operate on an individual basis rather than through class, consolidated, or representative actions. This affects how disputes are adjudicated, the procedural framework that applies, and whether users can aggregate claims with others.

Interpretive note: Enforceability of the class action waiver and arbitration clause varies by jurisdiction; EU, UK, and certain US state laws may limit or void these provisions for consumer claims.

Consumer impact (what this means for users)

Users are required to submit disputes to AAA arbitration instead of court litigation unless they affirmatively opt out within 30 days of account creation. The terms also establish that arbitration proceedings must be conducted individually, prohibiting participation in class action or consolidated dispute structures.

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 ...

Pinecone Medium

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

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▸ View Original Clause Language DOCUMENT RECORD
"
You and OpenAI agree to resolve any claims arising out of or relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of arbitration within 30 days of creating your account by sending a written notice to us. Any arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You and OpenAI agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

— Excerpt from OpenAI's OpenAI Service Terms

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-010535
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-010535
Captured: 2026-05-11 11:40:11 UTC
SHA-256: 2ef1facac401764c…
URL: https://conductatlas.com/platform/openai/openai-service-terms/mandatory-arbitration-and-class-action-waiver/
Accessed: June 10, 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 Mandatory Arbitration and Class Action Waiver clause do?

The clause modifies the dispute resolution mechanism from court proceedings to arbitration and specifies that all proceedings operate on an individual basis rather than through class, consolidated, or representative actions. This affects how disputes are adjudicated, the procedural framework that applies, and whether users can aggregate claims with others.

How does this clause affect you?

Users are required to submit disputes to AAA arbitration instead of court litigation unless they affirmatively opt out within 30 days of account creation. The terms also establish that arbitration proceedings must be conducted individually, prohibiting participation in class action or consolidated dispute structures.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 133 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.