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 indemnification clause allocates risk by establishing that users bear financial and legal responsibility for defending OpenAI against third-party claims connected to user conduct or user-created content. The provision applies broadly to claims arising from Terms violations, service misuse, or third-party intellectual property or rights violations.
Interpretive note: Enforceability of the indemnification clause against individual consumers (as opposed to business users) may be limited in EU, UK, and certain US state jurisdictions under consumer protection law.
Users assume an obligation to cover OpenAI's legal costs, settlement amounts, and damages related to third-party claims involving the user's actions, content, or outputs generated through the Services. This obligation extends to claims involving products or services users develop using OpenAI's Services and claims by third parties alleging rights violations.
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"You will defend, indemnify, and hold harmless OpenAI and our affiliates, and our and their respective officers, directors, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including your Input, any products or services you develop using the Services, or your violation of any third party's rights.— Excerpt from OpenAI's OpenAI Service Terms
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This indemnification clause allocates risk by establishing that users bear financial and legal responsibility for defending OpenAI against third-party claims connected to user conduct or user-created content. The provision applies broadly to claims arising from Terms violations, service misuse, or third-party intellectual property or rights violations.
Users assume an obligation to cover OpenAI's legal costs, settlement amounts, and damages related to third-party claims involving the user's actions, content, or outputs generated through the Services. This obligation extends to claims involving products or services users develop using OpenAI's Services and claims by third parties alleging rights violations.
ConductAtlas has identified this type of provision across 72 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.