OpenAI · OpenAI Terms of Use

EU Users Directed to Separate Terms

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What it is

If you are located in the European Union, you should review our EU Terms of Use, which apply to you instead of these terms and provide information about your additional rights under EU law.

Why it matters

This provision creates a two-tier system where EU residents receive stronger legal protections under GDPR-compliant terms, while consumers in other regions (including the US, UK, and rest of world) are subject to terms with fewer mandatory protections — a disparity that is legally permissible but disadvantageous for non-EU users.

Consumer impact

OpenAI's Terms of Use affect consumers primarily through the default permission for OpenAI to use conversation data — including prompts and AI outputs — to improve its AI models, which means sensitive or personal information shared with ChatGPT may be retained and analyzed beyond the immediate session. Minors under 13 are prohibited from using the services, and those aged 13–17 require verifiable parental consent, but the adequacy of age verification mechanisms is not detailed in the terms themselves. You can opt out of having your conversations used for model training by navigating to your ChatGPT account settings and disabling the 'Improve the model for everyone' toggle.

Applicable agencies

  • FTC
    The provision of materially different consumer protections based on geography, without disclosure of this disparity to non-EU users, may implicate FTC Act Section 5 unfair or deceptive practices standards.
    File a complaint →
  • State AG
    State Attorneys General in California and other states with strong consumer protection statutes may investigate whether the disparity between EU and non-EU terms constitutes an unfair practice under state UDAP laws.
    File a complaint →

Provision details

Document information
Document
OpenAI Terms of Use
Entity
OpenAI
Document last updated
March 24, 2026
Tracking information
First tracked
March 10, 2026
Last verified
April 4, 2026
Record ID
CA-P-001999
Document ID
CA-D-00009
Evidence Provenance
Source URL
Wayback Machine
SHA-256
6ae7df627f8ff0f0434212dde1986e4d1bfced272b18d29c3cea01e80cf3dbb0
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: OpenAI | Document: OpenAI Terms of Use | Record: CA-P-001999
Captured: 2026-03-10 03:23:22 UTC | SHA-256: 6ae7df627f8ff0f0…
URL: https://conductatlas.com/platform/openai/openai-terms-of-use/eu-users-directed-to-separate-terms/
Accessed: April 4, 2026
Classification
Severity
Medium
Categories

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