10 Total
3 High severity
6 Medium severity
1 Low severity
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Summary

This document establishes the terms governing user access to and use of OpenAI services, including ChatGPT, Sora, and related products. The agreement authorizes OpenAI to use content submitted by users to train and improve its AI models, with an opt-out mechanism available through account settings. The agreement also establishes a mandatory individual arbitration process for disputes involving US users, with a 30-day opt-out window from account creation for users who wish to pursue claims through other forums.

Analysis

This document is OpenAI's Terms of Use governing consumer access to OpenAI services including ChatGPT, Sora, and the API, establishing the contractual basis for use of those services under California law with a mandatory arbitration clause and class action waiver for US users. The agreement states that users retain ownership of input content but grant OpenAI a broad license to use input and output content to operate, improve, and develop its services, and the terms authorize OpenAI to use conversation data for model training unless users opt out through available controls. Notably, the terms include a mandatory individual arbitration clause with a class action waiver applicable to US users, and assert that OpenAI may modify outputs or decline to generate content at its discretion; the agreement also asserts that AI-generated outputs may be inaccurate and should not be relied upon for professional advice, which places reliance risk on the user. The document engages GDPR and UK GDPR for EU and UK users (who are directed to a separate EU Terms of Use), CCPA for California residents, COPPA with respect to minors under 13 who are prohibited from using the services, and the EU AI Act insofar as it applies to AI system providers operating in the EU; a separate EU-specific terms document is referenced for EU residents. Compliance teams should note that the arbitration and class action waiver provisions may be unenforceable in certain jurisdictions including EU member states, and that the data-use-for-training provisions require evaluation under GDPR lawful basis requirements and CCPA disclosure obligations.

What this means for you

The terms authorize OpenAI to use submitted content for model training unless users disable this feature through account settings at https://chat.openai.com/settings. US users are bound to resolve disputes through individual binding arbitration rather than class action lawsuits or court proceedings, except where users submit a written opt-out request within 30 days of accepting the terms. Users retain the ability to modify training data settings and arbitration status within the specified timeframes and procedures defined by the agreement.

Institutional Analysis
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Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.

1 important change detected

2 versions captured · Last updated: March 2026

What changed OpenAI's Terms of Use underwent formatting and structural revisions detected on March 10, 2026, with the document preserving its January 1, 2026 effective date. The majority of changes appear to be editorial—removal of reference markers, line breaks, and pagination artifacts—with no material alterations to substantive rights, obligations, or procedures. The core terms governing ownership, content use, account termination, and dispute resolution remain operationally unchanged.
Why this matters The updated Terms of Use preserves existing consumer protections and obligations without material changes. The revised language maintains that you retain ownership of input you provide, own output generated by the service, and can opt out of having your content used to train OpenAI's models. Minors continue to require parental or guardian permission to use the service, and price increase notifications remain subject to a 30-day advance notice requirement with cancellation rights.
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Mapped Governance Frameworks

BIPA
Illinois, USA
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California AB 2013 AI Training Data Transparency
US-CA
View official text ↗
CCPA/CPRA
California, USA
View official text ↗
Connecticut Data Privacy Act Amendments
US-CT
View official text ↗
CAN-SPAM
United States Federal
View official text ↗
DMCA
United States Federal
View official text ↗
DSA
European Union
View official text ↗
FAA
United States Federal
View official text ↗
FTC Act Section 5
United States Federal
View official text ↗
GDPR
European Union
View official text ↗
Indiana Consumer Data Protection Act
US-IN
View official text ↗
Kentucky Consumer Data Protection Act
US-KY
View official text ↗
UK GDPR
United Kingdom
View official text ↗
Universal Opt-Out Mechanism Expansion 2026
US
View official text ↗

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Archival ProvenanceSource & Archival Record
Last Captured March 10, 2026 03:21 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000009
Version ID CA-V-000065
SHA-256 e0edc0aa44c9fd8b5de3a7ffc7395c0ab00311dfdecdca5b9bb6103060b21afa
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

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