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Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
This page describes what the document states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability may vary by jurisdiction. Methodology
These are OpenAI's individual user Terms of Use covering ChatGPT, DALL·E, and related consumer services, effective January 1, 2026. The agreement assigns Output ownership to users but authorizes OpenAI to use all user-provided Input and generated Output to train and improve its models unless the user opts out via a designated help center form. The terms also require all disputes to proceed through binding individual arbitration with NAM, with a 30-day opt-out window available from account creation or from the effective date of any arbitration update.
These Terms of Use, effective January 1, 2026, govern individual use of OpenAI's consumer-facing services including ChatGPT and DALL·E, forming a binding agreement between users and OpenAI OpCo, LLC, a Delaware company, with California law as the governing jurisdiction. The agreement states that users retain ownership of Input and that OpenAI assigns its rights in Output to users, while also authorizing OpenAI to use all Content to provide, maintain, develop, and improve its Services; the terms further require users to not rely on Output as a sole source of truth, prohibit use of Output to develop competing models, and establish that feedback may be used without restriction or compensation. The mandatory arbitration clause requires all disputes to be resolved through NAM arbitration on an individual basis with a class action waiver and jury trial waiver, subject to a 30-day opt-out window from account creation or from the effective date of any arbitration term update; the limitation of liability caps aggregate damages at the greater of amounts paid in the preceding 12 months or $100, which may be constrained by consumer protection laws in certain jurisdictions. The document engages GDPR and equivalent EEA/UK frameworks through a separate terms regime for European users, COPPA and equivalent age-gating requirements through its minimum age provisions, and the FTC Act through its data use and content training disclosures; California law governs the agreement, creating heightened exposure under the CCPA for California residents regarding the opt-out mechanism for Content used in model training. Users operating under enterprise, API, or developer contexts are explicitly excluded from this document's scope, as those relationships are governed by OpenAI's separate Business Terms.
The agreement authorizes OpenAI to use user-provided Input and generated Output for model training and service improvement, with an opt-out mechanism available through a designated help center form. Under these terms, all disputes between users and OpenAI must proceed through binding individual arbitration administered by NAM, with class actions, consolidated proceedings, and jury trials waived; users have 30 days from account creation or from any arbitration term update to opt out of arbitration. You can opt out of Content being used for model training by following the instructions in OpenAI's designated help center article, and you can opt out of the arbitration clause by completing the form linked in the dispute resolution section within 30 days of account creation or the effective date of any arbitration update.
Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.
We withheld clauses we had published from this document. Each withholding is recorded in our correction log:
“If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel...from third party claims arising out of or relating to your use...”
“You and OpenAI agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding.”
“If you create an account using an email address owned by an organization...that account may be added to the organization's business account with us, in which case we will provide notice to you...”
“NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS...”
“You and OpenAI agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration.”
“You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account.”
“Represent that Output was human-generated when it was not.”
“Use Output to develop models that compete with OpenAI.”
“We reserve the right to suspend or terminate your access to our Services or delete your account if we determine: You breached these Terms or our Usage Policies.”
“We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.”
“Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.”
“You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical...”
Every distinct legal provision identified in this document. Featured provisions appear above with analysis.
We have not recorded a change to this document since we began capturing it. Monitor includes alerts from a daily check, structured change summaries, and monitoring for up to 20 platforms.
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Cross-platform context
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