OpenAI · OpenAI Terms of Use

Incorporated Policies by Reference

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What it is

By using our Services, you agree to our Privacy Policy, Usage Policies, and Sharing & Publication Policy, which are incorporated into these Terms by reference.

Why it matters

Incorporating multiple separate policy documents by reference means the full scope of your legal obligations and OpenAI's data rights are spread across at least four distinct documents, making it practically difficult for consumers to understand the complete terms of their agreement.

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 incorporation-by-reference of multiple policy documents without adequate disclosure at point of agreement may constitute an unfair or deceptive practice under FTC Act Section 5.
    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-001998
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-001998
Captured: 2026-03-10 03:23:22 UTC | SHA-256: 6ae7df627f8ff0f0…
URL: https://conductatlas.com/platform/openai/openai-terms-of-use/incorporated-policies-by-reference/
Accessed: April 4, 2026
Classification
Severity
Medium
Categories

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