The agreement limits OpenAI's aggregate liability to the greater of amounts paid by the user for the relevant service in the 12 months preceding the claim or $100. Indirect, incidental, special, consequential, and exemplary damages are excluded entirely.
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
This provision establishes a $100 floor on aggregate liability for free-tier users and a 12-month payment lookback cap for paid subscribers. The exclusion of consequential and data loss damages is operationally significant for users who may experience losses arising from reliance on AI-generated Output.
⚠ The $100 aggregate liability cap and consequential damages exclusion will apply as written unless applicable law in the user's jurisdiction provides additional rights
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Compare across platforms →"NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.Excerpt from OpenAI's Terms of Use
(1) REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts engage state consumer protection statutes; certain jurisdictions including New Jersey, Massachusetts, and others restrict disclaimers of consequential damages in consumer-facing agreements.
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This provision establishes a $100 floor on aggregate liability for free-tier users and a 12-month payment lookback cap for paid subscribers. The exclusion of consequential and data loss damages is operationally significant for users who may experience losses arising from reliance on AI-generated Output.
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