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 establish new licensing provisions for customers who download and install software components (Licensed Materials) on their own systems. Under the revised terms, OpenAI grants a limited, non-exclusive, non-transferable license to install and use Licensed Materials solely in connection with the Services, but customers may not modify, redistribute, or sublicense the materials. Upon termination of service, customers must permanently delete the Licensed Materials. Additionally, OpenAI introduced a new ChatGPT Sites feature for creating and publishing websites, with use governed by separate ChatGPT Sites Terms. You can review the ChatGPT Sites Terms via the referenced link to understand specific conditions for website creation and maintenance.
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.
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Your subsequent use of content generated by AI Features.
You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.
These indemnity obligations shall survive any expiration or termination of your relationship with Chegg.
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"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 OpenAI 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.
ConductAtlas has identified this type of provision across 230 platforms. See the full comparison.
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