OpenAI · Terms of Use (ROW)

Mandatory Arbitration and Class Action Waiver

High severity
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What it is

You and OpenAI agree to resolve any claims arising from these Terms or our Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also waive your right to participate in a class action lawsuit or class-wide arbitration.

Why it matters

This clause removes your right to sue OpenAI in court and prevents you from joining with other affected users in a class action, which is often the only practical way to seek compensation for small but widespread harms.

Consumer impact

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.'

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Within 30 days
    Send a written opt-out notice to legal@openai.com within 30 days of first accepting the Terms of Use. Include your full name, email address associated with your OpenAI account, and a clear statement that you are opting out of the arbitration agreement.

Applicable agencies

  • FTC
    The FTC has authority over unfair or deceptive consumer practices including the presentation and enforcement of mandatory arbitration clauses in consumer tech contracts under FTC Act Section 5.
    File a complaint →
  • State AG
    State Attorneys General have authority to challenge unfair consumer contract terms including class action waivers under state consumer protection statutes (e.g., California, New York, Illinois).
    File a complaint →

Provision details

Document information
Document
Terms of Use (ROW)
Entity
OpenAI
Document last updated
March 5, 2026
Tracking information
First tracked
March 10, 2026
Last verified
April 4, 2026
Record ID
CA-P-001989
Document ID
CA-D-00007
Evidence Provenance
Source URL
Wayback Machine
SHA-256
3a064f11bc2cb0f491e5ad76938f2712026c1d020c9f8b50528f8c7b639a4f7f
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: OpenAI | Document: Terms of Use (ROW) | Record: CA-P-001989
Captured: 2026-03-10 03:31:52 UTC | SHA-256: 3a064f11bc2cb0f4…
URL: https://conductatlas.com/platform/openai/terms-of-use-row/mandatory-arbitration-and-class-action-waiver/
Accessed: April 4, 2026
Classification
Severity
High
Categories

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