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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
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.
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
WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application.
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.
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"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 Terms of Use
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.
Regulatory citations, enforcement risk, and due diligence action items.
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
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.
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.
ConductAtlas has identified this type of provision across 292 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.