By agreeing to these Terms, you give up your right to join or lead a class action lawsuit against OpenAI, meaning you can only pursue claims individually.
Class actions allow many people harmed in the same way to sue together, which is often the only economically viable way to pursue small individual claims against a large company.
Class action waivers bundled with arbitration clauses have faced challenges under NLRA and various state consumer protection statutes; compliance teams should track ongoing regulatory and judicial developments, particularly in California.
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Regulatory citations, enforcement risk, and due diligence action items.
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OpenAI's Terms require users to resolve most disputes through binding arbitration rather than in court, and include a class action waiver that limits collective legal remedies. OpenAI also claims a broad license to use content you submit to improve its models, and can suspend or terminate accounts at its discretion. You can opt out of the mandatory arbitration clause by notifying OpenAI in writing within 30 days of creating your account at https://openai.com/policies/row-terms-of-use/.