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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
The exclusion of consequential and exemplary damages significantly limits the categories of loss for which users can seek compensation from OpenAI, even if actual harm occurs.
Interpretive note: The excerpt appears truncated after 'loss of profits', suggesting additional excluded damage categories may follow. The canonical claim reflects only the language explicitly provided.
Users are prohibited from recovering indirect, incidental, special, consequential, or exemplary damages—including lost profits—from OpenAI, its affiliates, or its licensors.
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"NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS...Excerpt from OpenAI's Terms of Use (ROW)
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
The exclusion of consequential and exemplary damages significantly limits the categories of loss for which users can seek compensation from OpenAI, even if actual harm occurs.
Users are prohibited from recovering indirect, incidental, special, consequential, or exemplary damages—including lost profits—from OpenAI, its affiliates, or its licensors.
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.