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 provision allocates intellectual property rights to users while limiting OpenAI's liability for output duplication or similarity across user base. This establishes a baseline ownership framework while conditioning commercial use on user verification of originality.
Users receive ownership rights to generated Output under the terms, but the agreement requires users to independently verify that Output is original before asserting ownership claims or using Output in commercial contexts, as OpenAI does not warrant uniqueness across the user base.
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THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PERPLEXITY DOES NOT WARRANT THAT THE SERVICES WILL BE U...
You are solely responsible for your use of the Service and for all Inputs you make available to Pika, whether by uploading them through the Service or otherwise making them accessible to others. You are also solely responsible for any Outputs generated via the Service. You assume all risk associated...
To the maximum extent permitted by applicable law, Kit shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting ...
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"As between you and OpenAI, and to the extent permitted by applicable law, you own the Output. However, Output may not be unique across users, and other users may receive similar or identical Output. Our assignment of rights does not extend to Output generated by other users, and you should verify that your Output is original before claiming ownership or using it commercially.— Excerpt from OpenAI's Terms of Use (ROW)
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The provision allocates intellectual property rights to users while limiting OpenAI's liability for output duplication or similarity across user base. This establishes a baseline ownership framework while conditioning commercial use on user verification of originality.
Users receive ownership rights to generated Output under the terms, but the agreement requires users to independently verify that Output is original before asserting ownership claims or using Output in commercial contexts, as OpenAI does not warrant uniqueness across the user base.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
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