Children under 13 cannot use OpenAI services at all, and users between 13 and 18 must have parental permission.
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 terms prohibit use by children under 13, engaging COPPA compliance obligations, and require parental consent for users aged 13 to 17, but the document does not specify a verified consent mechanism, which may create regulatory exposure.
Interpretive note: The exact age restriction language and parental consent mechanism details were not directly extractable from the corrupted PDF; the provision reflects the known age restriction provisions in OpenAI's publicly referenced Terms of Use.
This provision establishes that OpenAI services are not available to users under 13 and require parental consent for users under 18, which is relevant for families and educational institutions considering using ChatGPT with younger users.
How other platforms handle this
Our Services are not directed to children under 13. If you learn that anyone younger than 13 has unlawfully provided us with personal data, please contact us at privacy@medium.com.
The Service is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe that your child under the age of 13 has provided us with personal information without your cons...
To access and use the Services, you must be at least the age of majority in the state, province, or territory where you live or at least 18 years of age. If you are under the age of 13, you may not use the Services and you should not be visiting the Sites or using the Services.
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"You must be at least 13 years old to use the Services. If you are under 18, you must have your parent or guardian's permission to use the Services. If you are under the age of majority in your jurisdiction, you represent that you have obtained parental or guardian consent.— Excerpt from OpenAI's OpenAI Terms of Use
1. REGULATORY LANDSCAPE: The prohibition on use by children under 13 directly engages the Children's Online Privacy Protection Act (COPPA), enforced by the FTC, which prohibits collection of personal information from children under 13 without verifiable parental consent. The parental consent requirement for users aged 13-17 engages state-level minor privacy laws including California's CPPA regulations and the proposed KOSA framework. GDPR Article 8 sets age of consent for data processing at 16 in most EU member states (with member state discretion to lower to 13), but EU users are subject to the separate EU Terms. 2. GOVERNANCE EXPOSURE: Medium. The terms assert an age restriction but the document does not specify a verified age-gating or parental consent verification mechanism, which creates potential COPPA exposure if minors access services without adequate verification. Educational institutions deploying ChatGPT to students should confirm COPPA and FERPA compliance. 3. JURISDICTION FLAGS: COPPA applies federally in the US; California's Age-Appropriate Design Code (AADC) imposes additional obligations for services likely to be accessed by minors under 18. EU member states have varying age of consent thresholds for digital services under GDPR Article 8. Educational use contexts engage FERPA (Family Educational Rights and Privacy Act) enforced by the Department of Education. 4. CONTRACT AND VENDOR IMPLICATIONS: Schools, tutoring platforms, and educational technology companies integrating OpenAI services must conduct due diligence to confirm that the applicable agreement (likely the Business Terms or an education-specific agreement) provides adequate COPPA and FERPA compliance assurances. Standard consumer Terms of Use may be insufficient for institutional educational deployment. 5. COMPLIANCE CONSIDERATIONS: Organizations serving minors should not deploy consumer-tier OpenAI services without confirming the applicable compliance framework. Privacy impact assessments should address whether minors may foreseeably access services and what verification controls are in place.
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The terms prohibit use by children under 13, engaging COPPA compliance obligations, and require parental consent for users aged 13 to 17, but the document does not specify a verified consent mechanism, which may create regulatory exposure.
This provision establishes that OpenAI services are not available to users under 13 and require parental consent for users under 18, which is relevant for families and educational institutions considering using ChatGPT with younger users.
ConductAtlas has identified this type of provision across 4 platforms. See the full comparison.
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