Children under 13 cannot use OpenAI's services; users aged 13 to 17 require parental consent before using the services.
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
This provision establishes the minimum age threshold and parental consent requirement, which carry significant compliance implications under COPPA in the US and equivalent child protection frameworks in other jurisdictions.
Minors under 13 are explicitly prohibited from using OpenAI services, and users aged 13 to 17 are required to have verifiable parental consent; the terms do not describe the technical or operational mechanisms used to verify age or parental consent.
How other platforms handle this
Our Products are not directed at children. You must be at least 13 years old to use our Products. If you are under the age of 18, you must have the permission of your parent or legal guardian to use our Products. You represent that you are 13 years of age or older, that you have the legal right to e...
Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization. Please note that we do not knowingly sell the personal information of minors under 16 years of age.
To be eligible to use the Venmo services, you must be a resident of the United States and at least 18 years of age. By accepting these terms, you represent and warrant that you meet the eligibility requirements. If you do not meet these requirements, you may not use the Venmo services.
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"You must be at least 13 years old or the minimum age required in your country to consent to use online services to use our Services. If you are under 18 you must have your parent or guardian's permission to use our Services.— Excerpt from OpenAI's Terms of Use (ROW)
REGULATORY LANDSCAPE: This provision directly engages COPPA, which prohibits collection of personal data from children under 13 without verifiable parental consent and imposes obligations on the FTC-regulated operator. The EU's GDPR sets the age of digital consent at 16 in most member states, though member states may lower it to 13; the UK GDPR and Age Appropriate Design Code impose additional child-protective design obligations on services likely to be accessed by minors. Enforcement of COPPA is primarily conducted by the FTC. GOVERNANCE EXPOSURE: High for COPPA compliance. The agreement's reliance on user self-attestation for age and parental consent without described technical verification mechanisms creates exposure under COPPA, which requires verifiable parental consent rather than self-reported assurances. The FTC has taken enforcement action against platforms that rely solely on contractual age restrictions without adequate verification. JURISDICTION FLAGS: US operations face COPPA exposure, which applies regardless of where the platform is headquartered if US children are users. EU operations face GDPR Article 8 compliance requirements, which vary by member state age of consent. The UK ICO's Children's Code imposes proactive protective design obligations for services likely to be accessed by children. CONTRACT AND VENDOR IMPLICATIONS: Enterprise or educational institution customers deploying OpenAI services to student populations must assess whether their use cases comply with both these age restrictions and applicable laws such as FERPA in the US educational context. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether OpenAI's age verification and parental consent mechanisms satisfy COPPA's verifiable parental consent standard, which requires more than contractual age certification. For EU operations, a DPIA (Data Protection Impact Assessment) may be required for any processing of data relating to minors.
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This provision establishes the minimum age threshold and parental consent requirement, which carry significant compliance implications under COPPA in the US and equivalent child protection frameworks in other jurisdictions.
Minors under 13 are explicitly prohibited from using OpenAI services, and users aged 13 to 17 are required to have verifiable parental consent; the terms do not describe the technical or operational mechanisms used to verify age or parental consent.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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