What can I do about this clause?

{'method': 'IN_APP', 'recipient': 'ChatGPT Settings > Data Controls > Delete Account', 'difficulty': 'MODERATE', 'action_type': 'DELETE_DATA', 'instructions': 'If you do not agree with updated Terms, you may close your account by going to ChatGPT Settings, selecting Data Controls, and choosing to delete your account before the new Terms take effect.', 'deadline_days': None, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has authority to challenge unilateral material changes to data practices under FTC Act Section 5, particularly where continued-use consent mechanisms are used to expand data collection or sharing.', 'complaint_url': 'https://reportfraud.ftc.gov/'}

What is the severity of this clause?

ConductAtlas classifies this Changes to Terms clause as medium severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Do other platforms have similar clauses?

Yes. ConductAtlas has identified similar Changes to Terms clauses across approximately 1 other tracked platforms. You can compare how platforms differ on this clause type in the cross-platform comparison view.

Changes to Terms — OpenAI

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What it is

OpenAI can change its Terms of Use at any time. If you keep using the service after changes take effect, you are considered to have agreed to the new terms.

Consumer impact (what this means for users)

OpenAI can change what it is allowed to do with your data, content, and account by updating its Terms of Use and notifying you via email. Continuing to use ChatGPT after the notice period means you automatically accept the new terms, even if you didn't read them.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.

Delete Your Data

If you do not agree with updated Terms, you may close your account by going to ChatGPT Settings, selecting Data Controls, and choosing to delete your account before the new Terms take effect.

Cross-platform context

See how other platforms handle Changes to Terms and similar clauses.

Compare across platforms →

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Why it matters (compliance & risk perspective)

This provision means your legal relationship with OpenAI can be modified by continued use alone — you do not have to actively agree to changes, and missing a notification email could result in unknowing acceptance of materially different terms.

View original clause language

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice in our Services prior to the change becoming effective. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: EU Unfair Contract Terms Directive (93/13/EEC) restricts unilateral variation clauses in consumer contracts — changes must be for valid, specified reasons and consumers must be given the right to terminate without penalty. UK Consumer Rights Act 2015 Part 2 applies similar restrictions. GDPR requires fresh consent for material changes to data processing purposes under Article 6 — continued use alone is not valid consent for new processing activities. California consumer protection law (CLRA) and New York GBL §349 may restrict unilateral material modifications.

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Applicable agencies

FTC

The FTC has authority to challenge unilateral material changes to data practices under FTC Act Section 5, particularly where continued-use consent mechanisms are used to expand data collection or sharing.
File a complaint →

Provision details

Document information

Document

OpenAI Terms of Use

Entity

OpenAI

Document last updated

April 29, 2026

Tracking information

First tracked

March 10, 2026

Last verified

April 27, 2026

Record ID

CA-P-003155

Document ID

CA-D-00009

Evidence Provenance

Source URL

https://openai.com/policies/terms-of-use

Wayback Machine

View archived versions →

SHA-256

6ae7df627f8ff0f0434212dde1986e4d1bfced272b18d29c3cea01e80cf3dbb0

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: OpenAI | Document: OpenAI Terms of Use | Record: CA-P-003155
Captured: 2026-03-10 03:23:22 UTC | SHA-256: 6ae7df627f8ff0f0…
URL: https://conductatlas.com/platform/openai/openai-terms-of-use/changes-to-terms/
Accessed: May 2, 2026

Classification

Severity

Medium

Changes to Terms