OpenAI · Terms of Use (ROW) · View original document ↗

Mandatory Arbitration and Class Action Waiver

High severity Common · 133 of 343 platforms
Share 𝕏 Share in Share 🔒 PDF
Recent governance activity OpenAI recorded 30 documented changes in the last 30 days.
Start monitoring updates
Monitor governance changes for OpenAI Create a free account to receive the weekly governance digest and monitor one platform for governance changes.
Create free account No credit card required.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The arbitration requirement restructures the dispute resolution process away from judicial forums to private arbitration proceedings. This affects how contractual disputes are adjudicated, the procedural rules that apply, and the available appeal mechanisms compared to traditional litigation.

Clause Stability Stable

0
Changes
3
Months Monitored
Apr 4, 2026
First Seen
May 11, 2026
Last Seen
This clause type exists across 560 other provisions on other platforms.

Consumer impact (what this means for users)

Users must submit disputes to binding arbitration as individuals rather than pursuing claims through court systems or collective proceedings. The provision waives both jury trial participation and the ability to join or participate in class action or consolidated actions against OpenAI.

How other platforms handle this

Teachable Medium

You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.

Substack Medium

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...

Pinecone Medium

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

See all platforms with this clause type →

Monitoring

OpenAI has changed this document before.

Receive same-day alerts, structured change summaries, and monitoring for up to 25 platforms.

Start Monitor free trial Or create a free account →
▸ View Original Clause Language DOCUMENT RECORD
"
YOU AND OPENAI AGREE TO THE FOLLOWING: (1) DISPUTES WILL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION; (2) BOTH PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL; AND (3) BOTH PARTIES WAIVE THEIR RIGHT TO HAVE THEIR DISPUTES HEARD IN COURT EXCEPT AS PROVIDED IN THIS SECTION. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services will be resolved by binding arbitration rather than in court.

— Excerpt from OpenAI's Terms of Use (ROW)

Applicable regulations

FAA
United States Federal

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
May 12, 2026
Record ID
CA-P-001989
Document ID
CA-D-00007
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
3a064f11bc2cb0f491e5ad76938f2712026c1d020c9f8b50528f8c7b639a4f7f
Analysis generated
March 10, 2026 03:31 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: Terms of Use (ROW)
Record ID: 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: June 10, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

Related Analysis

Compliance Governance Intelligence

Need to monitor specific governance provisions?

Compliance includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.

Arbitration clauses AI governance Data rights Indemnification Retention policies
Start Compliance free trial

Or start with Monitor →

Built from archived source documents, structured governance mappings, and historical version tracking.

Frequently Asked Questions

What does OpenAI's Mandatory Arbitration and Class Action Waiver clause do?

The arbitration requirement restructures the dispute resolution process away from judicial forums to private arbitration proceedings. This affects how contractual disputes are adjudicated, the procedural rules that apply, and the available appeal mechanisms compared to traditional litigation.

How does this clause affect you?

Users must submit disputes to binding arbitration as individuals rather than pursuing claims through court systems or collective proceedings. The provision waives both jury trial participation and the ability to join or participate in class action or consolidated actions against OpenAI.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 133 platforms. See the full comparison.

Is ConductAtlas affiliated with OpenAI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.