To the extent permitted by law, neither we nor any of the OpenAI parties will be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenues, data, or goodwill. In all cases, OpenAI's aggregate liability will not exceed the greater of the amount you paid us in the three months before the claim or $100.
If you suffer significant harm — financial loss, reputational damage, or disruption to your business — as a result of ChatGPT errors, hallucinations, or a service outage, OpenAI's legal exposure is capped at a trivial amount that likely won't cover your actual losses.
OpenAI's Terms of Use give the company a broad license to use content you submit — including your conversations with ChatGPT — to train and improve its AI models, which means your personal inputs could influence future AI behavior at scale. The mandatory arbitration clause and class action waiver significantly limit your ability to seek collective legal remedies if something goes wrong, a provision that may surprise many everyday users. You can opt out of having your data used for model training by going to Settings > Data Controls in your ChatGPT account and disabling 'Improve the model for everyone.'