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
This indemnity shifts financial and legal exposure for intellectual property infringement claims arising from Output directly onto OpenAI rather than the API customer.
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 →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
In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
A party's obligations to defend a Claim Against Customer or a Claim Against Smartsheet...are conditioned on the other party: (a) providing timely written notice of the Claim to the defending party
If required by applicable law, Section 10 (Indemnification) of the Terms does not apply if you are not responsible (with at least slight negligence) for the indemnified event, breach or damage.
"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
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This indemnity shifts financial and legal exposure for intellectual property infringement claims arising from Output directly onto OpenAI rather than the API customer.
As an API customer, you are indemnified by OpenAI against third-party intellectual property claims arising from your use or distribution of Output.
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