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 provision establishes OpenAI's age-based access structure and parental consent requirements, which define the eligible user population and establish the mechanism for compliance with children's online privacy regulations. It creates a procedural obligation for account holders to verify age eligibility and for parents to initiate removal requests for non-compliant accounts.
Interpretive note: The practical adequacy of attestation-based age verification to satisfy COPPA's 'knowingly collected' standard is legally uncertain and may depend on the FTC's interpretation of whether AI chat services are directed to children.
Users under 13 are not permitted to create or maintain accounts under the stated terms. Users aged 13-17 may use the Services only with documented parental or guardian permission, creating a consent requirement that conditions service availability on third-party authorization.
How other platforms handle this
The Meta Products are not directed to children. Access to or use of Meta Products by anyone under the age of 13 is not allowed. If you are based in the EU, you must be at least 16 years old, or the minimum age in your country if it is higher than 16, to use or access Meta Products, unless your count...
The End User Services are only for your personal use. You must not, and must not allow others to: Use the End User Services for a commercial or business purpose or in any way other than your own personal purposes;
The Netflix service and any content accessed through it are for your personal, non-commercial use only and may not be shared with anyone outside of your household, unless, in countries where this feature is available, you purchased an Extra Member Account.
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"Our Services are not directed at children. You must be at least 13 years old to use our Services. If you are under 18, you must have permission from your parent or legal guardian. If you are the parent or guardian of a child under 13 who has created an account, please contact us to have it removed.— Excerpt from OpenAI's OpenAI Terms of Use
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This provision establishes OpenAI's age-based access structure and parental consent requirements, which define the eligible user population and establish the mechanism for compliance with children's online privacy regulations. It creates a procedural obligation for account holders to verify age eligibility and for parents to initiate removal requests for non-compliant accounts.
Users under 13 are not permitted to create or maintain accounts under the stated terms. Users aged 13-17 may use the Services only with documented parental or guardian permission, creating a consent requirement that conditions service availability on third-party authorization.
ConductAtlas has identified this type of provision across 19 platforms. See the full comparison.
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