Provision record
OpenAI · OpenAI Terms of Use · View original document ↗

Mandatory Arbitration

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Document Record

What it is

Generated by a model from the captured document; not read by a person

The agreement requires users and OpenAI to resolve all disputes through final and binding arbitration administered by NAM, covering claims regardless of when they arose. Users may opt out of arbitration by submitting a designated form within 30 days of account creation or within 30 days of any arbitration term update taking effect.

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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)

Generated by a model from the captured document; not read by a person

This provision establishes that disputes proceed through individual arbitration under NAM rules rather than through court litigation, with the Federal Arbitration Act governing enforcement. The 30-day opt-out window from account creation or from any arbitration update is the operative mechanism for users who wish to preserve court-based dispute resolution.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Within 30 days
    Navigate to the arbitration opt-out form linked in the dispute resolution section of OpenAI's Terms of Use. Complete and submit the form within 30 days of account creation or within 30 days of any arbitration term update taking effect. Retain confirmation of submission.

If You Do Nothing

⚠ If no opt-out is submitted within 30 days of account creation or within 30 days of an arbitration term update, disputes with OpenAI will proceed through binding individual arbitration as stated in the terms

⚠ Users who do not opt out also waive the right to participate in class actions, consolidated proceedings, and jury trials as specified in the Class and Jury Trial Waivers clause

Cross-platform context

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▸ View Original Clause Language DOCUMENT RECORD
"
MANDATORY ARBITRATION. You and OpenAI agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a "Dispute"), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by filling out this form.

Excerpt from OpenAI's Terms of Use

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(1) REGULATORY LANDSCAPE: The provision explicitly states that the Federal Arbitration Act governs interpretation and enforcement of the arbitration terms.

Insight

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Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • FTC
    The FTC has jurisdiction over unfair or deceptive practices in consumer contracts, including arbitration clause disclosures, under the FTC Act
    File a complaint →

Provision details

Document information
Document
OpenAI Terms of Use
Entity
OpenAI
Date stated by the document
Jan. 1, 2026
As printed in OpenAI’s text (version CA-V-007346), not a ConductAtlas date.
Tracking information
First captured by ConductAtlas
March 7, 2026
Text quoted from version
CA-V-007346, captured Oct. 5, 2026
Document ID
CA-D-000009
Evidence Provenance
Source URL
Wayback Machine
Archived bytes SHA-256 (version CA-V-007346)
01c3b7047514580f0ab51670c70872c0998bed109144843b2a397d5c757ca918
Analysis generated
October 7, 2026 01:48 UTC
Methodology
Evidence
Excerpt not yet checked against a stored version
Citation Record
Entity: OpenAI
Document: OpenAI Terms of Use
Version: CA-V-007346
Captured: 2026-10-05 23:42:50 UTC
SHA-256: 01c3b7047514580f…
URL: https://conductatlas.com/platform/openai/openai-terms-of-use/mandatory-arbitration/
Accessed: Oct. 23, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Categories

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Frequently Asked Questions

What does OpenAI's Mandatory Arbitration clause do?

This provision establishes that disputes proceed through individual arbitration under NAM rules rather than through court litigation, with the Federal Arbitration Act governing enforcement. The 30-day opt-out window from account creation or from any arbitration update is the operative mechanism for users who wish to preserve court-based dispute resolution.

Is ConductAtlas affiliated with OpenAI?

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