OpenAI · OpenAI Terms of Use · View original document ↗

Liability and Warranty Disclaimer for AI Outputs

Medium severity Medium confidence Explicitdocumentlanguage Unique · 0 of 325 platforms
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Document Record

What it is

OpenAI makes no guarantees that ChatGPT or other services will be accurate, error-free, or always available, and users rely on AI-generated outputs at their own risk.

This analysis describes what OpenAI's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The terms disclaim all warranties on AI-generated outputs and service availability, which places reliance risk entirely on users and is particularly significant for users who use AI outputs in professional, medical, legal, or financial contexts.

Interpretive note: The exact disclaimer language was not directly extractable from the corrupted PDF; the provision reflects the known warranty disclaimer language in OpenAI's publicly referenced Terms of Use.

Consumer impact (what this means for users)

This provision states that AI-generated outputs may be inaccurate or incomplete and that OpenAI accepts no liability for reliance on such outputs, meaning users bear full responsibility for verifying information generated by ChatGPT or other OpenAI services.

How other platforms handle this

Tabnine Medium

THE SERVICES AND ALL CONTENT, MATERIALS, AND AI-GENERATED OUTPUT ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. TAB...

Replit Medium

Replit's AI features may generate output that is inaccurate, incomplete, or outdated. You are solely responsible for evaluating the accuracy and appropriateness of any AI-generated output before using it, and Replit disclaims all liability for any reliance on such output.

Anthropic Medium

As between you and Anthropic, and to the extent permitted by applicable law, you retain any right, title, and interest that you have in the Inputs you submit. Subject to your compliance with our Terms, we assign to you all of our right, title, and interest—if any—in Outputs.

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▸ View Original Clause Language DOCUMENT RECORD
"
THE SERVICES ARE PROVIDED 'AS IS.' EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

— Excerpt from OpenAI's OpenAI Terms of Use

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

1. REGULATORY LANDSCAPE: Broad warranty disclaimers in consumer contracts may be subject to limitations under state consumer protection laws, including California's Consumer Legal Remedies Act and implied warranty protections. The EU Consumer Rights Directive and applicable national consumer protection laws in EU member states may further limit the enforceability of such disclaimers against consumers, which is consistent with OpenAI directing EU users to separate terms. The EU AI Act imposes transparency and accuracy-related obligations on providers of AI systems that may interact with these disclaimer provisions. 2. GOVERNANCE EXPOSURE: Medium. The disclaimer is standard in software and AI service agreements, but the specific context of AI-generated outputs used in regulated sectors (healthcare, legal, financial advice) creates heightened exposure. Organizations relying on OpenAI outputs in professional or regulated contexts cannot rely on this disclaimer as a basis for limiting their own professional obligations. 3. JURISDICTION FLAGS: EU consumer protection law generally limits the enforceability of blanket disclaimers against consumers. California's CLRA provides certain implied warranty protections that cannot be contractually waived for consumer transactions. Organizations in regulated industries in any jurisdiction must assess whether their own obligations survive regardless of OpenAI's disclaimer. 4. CONTRACT AND VENDOR IMPLICATIONS: Businesses building products on top of OpenAI's API and providing outputs to their own customers cannot rely on OpenAI's disclaimer to shield them from their own customers' claims; they retain independent liability for the outputs they present to end users. Vendor agreements should address indemnification for AI output errors. 5. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether professional services firms, healthcare organizations, or financial services entities using OpenAI outputs have adequate disclosure mechanisms to end users regarding the unverified nature of AI-generated content. Risk management policies should document that AI outputs are not relied upon without human review in regulated or high-stakes contexts.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has authority over consumer protection issues including deceptive or unfair practices related to AI accuracy claims and disclaimers in consumer-facing services
    File a complaint →

Applicable regulations

EU AI Act
European Union
California AB 2013 AI Training Data Transparency
US-CA
Colorado AI Act
US-CO
EU AI Act - High Risk Provisions
EU
GDPR
European Union
Texas AI Act
Texas, USA
Trump Executive Order on AI Policy Framework
US
UK GDPR
United Kingdom

Provision details

Document information
Document
OpenAI Terms of Use
Entity
OpenAI
Document last updated
May 5, 2026
Tracking information
First tracked
March 10, 2026
Last verified
May 12, 2026
Record ID
CA-P-011782
Document ID
CA-D-00009
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
6ae7df627f8ff0f0434212dde1986e4d1bfced272b18d29c3cea01e80cf3dbb0
Analysis generated
March 10, 2026 03:23 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Terms of Use
Record ID: CA-P-011782
Captured: 2026-03-10 03:23:22 UTC
SHA-256: 6ae7df627f8ff0f0…
URL: https://conductatlas.com/platform/openai/openai-terms-of-use/liability-and-warranty-disclaimer-for-ai-outputs/
Accessed: May 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does OpenAI's Liability and Warranty Disclaimer for AI Outputs clause do?

The terms disclaim all warranties on AI-generated outputs and service availability, which places reliance risk entirely on users and is particularly significant for users who use AI outputs in professional, medical, legal, or financial contexts.

How does this clause affect you?

This provision states that AI-generated outputs may be inaccurate or incomplete and that OpenAI accepts no liability for reliance on such outputs, meaning users bear full responsibility for verifying information generated by ChatGPT or other OpenAI services.

Is ConductAtlas affiliated with OpenAI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.