Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'FTC Act Section 5 applies where AI services are used to facilitate unfair or deceptive practices, with potential liability for both providers and users who deploy AI for deceptive purposes.', 'complaint_url': 'https://reportfraud.ftc.gov/'}

What is the severity of this clause?

ConductAtlas classifies this Usage Policy Compliance Obligation clause as medium severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Usage Policy Compliance Obligation — OpenAI

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What it is

Users must follow OpenAI's separate Usage Policies — which prohibit harmful, illegal, or policy-violating uses — and are personally responsible for ensuring their use of the AI is lawful.

Consumer impact (what this means for users)

Users are legally responsible for ensuring their use of ChatGPT and other OpenAI services complies with both the law and OpenAI's Usage Policies. Using OpenAI's tools to generate illegal content, engage in deception, or violate third-party rights could result in account termination and potential legal liability.

Cross-platform context

See how other platforms handle Usage Policy Compliance Obligation and similar clauses.

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Why it matters (compliance & risk perspective)

Violation of OpenAI's Usage Policies can result in account suspension or termination, and users bear personal legal responsibility for how they use AI-generated outputs.

View original clause language

When you use our Services, you must comply with our Usage Policies. Our Usage Policies are incorporated into these Terms by reference. You are responsible for ensuring that your use of the Services and any content you submit complies with applicable law and our policies.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: Incorporation of Usage Policies by reference creates a multi-document contractual obligation that users may not have reviewed. FTC Act Section 5 applies to deceptive practices facilitated by AI tools. EU AI Act Articles 52 and 53 impose transparency and prohibited use obligations. Computer Fraud and Abuse Act (18 U.S.C. §1030) and equivalent state laws may apply to policy-violating uses. Copyright Act applies to AI-generated content that infringes third-party works.

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Applicable agencies

FTC

FTC Act Section 5 applies where AI services are used to facilitate unfair or deceptive practices, with potential liability for both providers and users who deploy AI for deceptive purposes.
File a complaint →

Provision details

Document information

Document

OpenAI Terms of Use

Entity

OpenAI

Document last updated

March 24, 2026

Tracking information

First tracked

March 10, 2026

Last verified

April 27, 2026

Record ID

CA-P-003151

Document ID

CA-D-00009

Evidence Provenance

Source URL

https://openai.com/policies/terms-of-use

Wayback Machine

View archived versions →

SHA-256

6ae7df627f8ff0f0434212dde1986e4d1bfced272b18d29c3cea01e80cf3dbb0

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: OpenAI | Document: OpenAI Terms of Use | Record: CA-P-003151
Captured: 2026-03-10 03:23:22 UTC | SHA-256: 6ae7df627f8ff0f0…
URL: https://conductatlas.com/platform/openai/openai-terms-of-use/usage-policy-compliance-obligation/
Accessed: April 29, 2026

Classification

Severity

Medium

Usage Policy Compliance Obligation