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 exclusion removes indemnity protection in the scenario where the customer had actual or constructive knowledge of infringement, shifting legal exposure back to the customer.
Interpretive note: The excerpt uses '(i)' indicating this is one item in a larger list of indemnity exclusions; other exclusions are not stated and are omitted from the canonical claim.
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 →If you or your end users were aware—or should have been aware—that Output was infringing or likely to infringe, you cannot rely on OpenAI's indemnification.
How other platforms handle this
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.
THESE SECTIONS 9(B) AND 9(C) STATE RAMP'S SOLE AND EXCLUSIVE OBLIGATIONS, AND COMPANY'S SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
THIS SECTION 9.1 SETS FORTH XAI'S SOLE LIABILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT.
"This indemnity does not apply where: (i) Customer or Customer's End Users knew or should have known the Output was infringing or likely to infringe...Excerpt from OpenAI's Service Terms
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The exclusion removes indemnity protection in the scenario where the customer had actual or constructive knowledge of infringement, shifting legal exposure back to the customer.
If you or your end users were aware—or should have been aware—that Output was infringing or likely to infringe, you cannot rely on OpenAI's indemnification.
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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