10 Total
2 High severity
6 Medium severity
2 Low severity
Summary

This document establishes OpenAI's Terms of Use for individual consumers of ChatGPT, DALL·E, and related services, effective January 1, 2026. The agreement requires that disputes between users and OpenAI be resolved through individual binding arbitration rather than court proceedings or class actions, with a 30-day opt-out period from account creation available through written notice to OpenAI's legal team. The terms also authorize OpenAI to use user-submitted inputs and outputs for service provision and improvement, and establish an indemnification obligation requiring users to cover costs arising from their content or policy violations.

Technical / Legal Breakdown

This document governs individual consumer use of OpenAI's Services, including ChatGPT and DALL·E, and is structured as a binding agreement between users and OpenAI OpCo, LLC, a Delaware company, effective January 1, 2026. The agreement states that users grant OpenAI a license to use their inputs and outputs to provide, maintain, and improve services, and that OpenAI assigns ownership of outputs to users subject to conditions including compliance with usage policies; the terms also authorize OpenAI to modify, suspend, or terminate accounts and to update terms with 30 days' notice for material changes, with continued use constituting acceptance. The agreement requires disputes to proceed through binding individual arbitration administered by the American Arbitration Association, includes a class action waiver, and asserts a 30-day opt-out window for arbitration via written notice to a specified address; the terms also assert a broad indemnification obligation from users covering third-party claims arising from their use, content, or policy violations. The agreement engages GDPR and related EU data protection frameworks for non-US users, the California Consumer Privacy Act for California residents, COPPA through an explicit prohibition on use by persons under 13, and the FTC Act's unfair or deceptive practices standards; applicable law and regulatory guidance in various jurisdictions may constrain how certain asserted rights, including the arbitration clause and liability limitations, apply in practice. Compliance teams should note that the governing law is California, the arbitration clause contains an explicit opt-out mechanism with a strict 30-day deadline from account creation, and the terms reference a separate Privacy Policy and Service Terms as incorporated documents, requiring review of those materials alongside this agreement.

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High — 2 provisions
Medium — 6 provisions
Low — 2 provisions

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Mapped Governance Frameworks

CCPA/CPRA
California, USA
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DMCA
United States Federal
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FAA
United States Federal
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FTC Act Section 5
United States Federal
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GDPR
European Union
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UK GDPR
United Kingdom
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Archival ProvenanceSource & Archival Record
Last Captured March 10, 2026 03:21 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000007
Version ID CA-V-000068
SHA-256 935c07e9eb72b62810338aba3bddec52263466aa6b2c316a8c9d9a069e21d3a1
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

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