If something goes wrong with ChatGPT and you suffer losses, OpenAI's maximum financial liability to you is limited to what you paid in the last 12 months or $100, whichever is more, and OpenAI is not liable for indirect losses at all.
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
The terms cap OpenAI's aggregate liability at the amount paid in the prior 12 months or $100, which means that even paid subscribers have very limited financial recourse against OpenAI for service failures or harmful outputs.
Interpretive note: The exact liability cap figure and language were not directly extractable from the corrupted PDF; figures reflect the known limitation of liability provisions in OpenAI's publicly referenced Terms of Use and may have been updated in subsequent revisions.
This provision limits OpenAI's total financial liability to each user to the lesser of 12 months of payments or $100, and excludes all indirect, consequential, and data loss damages, regardless of the severity of the issue or reliance on AI outputs.
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A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
"TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER OPENAI NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR 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 TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE IN THE PAST TWELVE MONTHS OR ONE HUNDRED DOLLARS ($100).Excerpt from OpenAI's Terms of Use
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The terms cap OpenAI's aggregate liability at the amount paid in the prior 12 months or $100, which means that even paid subscribers have very limited financial recourse against OpenAI for service failures or harmful outputs.
This provision limits OpenAI's total financial liability to each user to the lesser of 12 months of payments or $100, and excludes all indirect, consequential, and data loss damages, regardless of the severity of the issue or reliance on AI outputs.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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