OpenAI · OpenAI Terms of Use · View original document ↗

Mandatory Arbitration and Class Action Waiver

High severity High confidence Explicitdocumentlanguage Common · 133 of 343 platforms
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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)

This provision establishes the procedural mechanism for dispute resolution by mandating individual arbitration and eliminating the option for collective legal proceedings. The operational significance is that claims are processed outside the court system through a private arbitration process, and users cannot aggregate claims with other users.

Clause Stability Stable

0
Changes
3
Months Monitored
Apr 3, 2026
First Seen
May 11, 2026
Last Seen
This clause type exists across 560 other provisions on other platforms.

Consumer impact (what this means for users)

Users who accept these terms are bound to arbitrate disputes individually rather than pursue litigation in court or participate in class actions. The terms authorize OpenAI to require disputes proceed through binding arbitration and prohibit users from joining or initiating representative proceedings.

How other platforms handle this

Teachable Medium

You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.

Substack Medium

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...

Pinecone Medium

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

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▸ View Original Clause Language DOCUMENT RECORD
"
You and OpenAI agree to resolve any claims arising out of or relating to these Terms or our Services through final and binding arbitration, except that you may bring claims in small claims court if they qualify. You also agree not to participate as a plaintiff or class member in any class action, class arbitration, or other representative proceeding against OpenAI.

— Excerpt from OpenAI's OpenAI Terms of Use

Applicable regulations

FAA
United States Federal

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-000073
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-000073
Captured: 2026-03-10 03:23:22 UTC
SHA-256: 6ae7df627f8ff0f0…
URL: https://conductatlas.com/platform/openai/openai-terms-of-use/mandatory-arbitration-and-class-action-waiver/
Accessed: June 10, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does OpenAI's Mandatory Arbitration and Class Action Waiver clause do?

This provision establishes the procedural mechanism for dispute resolution by mandating individual arbitration and eliminating the option for collective legal proceedings. The operational significance is that claims are processed outside the court system through a private arbitration process, and users cannot aggregate claims with other users.

How does this clause affect you?

Users who accept these terms are bound to arbitrate disputes individually rather than pursue litigation in court or participate in class actions. The terms authorize OpenAI to require disputes proceed through binding arbitration and prohibit users from joining or initiating representative proceedings.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 133 platforms. See the full comparison.

Is ConductAtlas affiliated with OpenAI?

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