What is the severity of this clause?

ConductAtlas classifies this Exclusion of Indirect and Consequential Damages clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Do other platforms have similar clauses?

Yes. ConductAtlas has identified similar Exclusion of Indirect and Consequential Damages clauses across approximately 289 other tracked platforms. You can compare how platforms differ on this clause type in the cross-platform comparison view.

Exclusion of Indirect and Consequential Damages — OpenAI

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Recent governance activity OpenAI recorded 16 documented changes in the last 30 days.

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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

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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.

Clause Stability Stable

Changes

Months Monitored

Jul 10, 2026

First Seen

Jul 10, 2026

Last Seen

This clause type exists across 4406 other provisions on other platforms.

Consumer impact (what this means for users)

Users are prohibited from recovering indirect, incidental, special, consequential, or exemplary damages—including lost profits—from OpenAI, its affiliates, or its licensors.

How other platforms handle this

Tinder Medium

TINDER ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, AND/OR ACTS ON THROUGH OUR SERVICES, NOR DOES TINDER ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS...

Perplexity AI Medium

we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free.

Skillshare Medium

Please note that these third parties are responsible for their own privacy practices.

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▸ View Original Clause Language DOCUMENT RECORD

"
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)

Applicable regulations

EU AI Act - High Risk Provisions

FTC Act Section 5

United States Federal

Provision details

Document information

Document

Entity

OpenAI

Document last updated

March 5, 2026

Tracking information

First tracked

March 10, 2026

Last verified

July 9, 2026

Record ID

CA-P-017206

Document ID

CA-D-00007

Evidence Provenance

Source URL

https://openai.com/policies/row-terms-of-use

Wayback Machine

View archived versions →

Content hash (SHA-256)

88564a001002409ff9f42239d9e83c4f7b937a25bcff5d916fcd2bf3d538a58e

Analysis generated

March 10, 2026 03:31 UTC

Methodology

summarize_document-v8

Evidence

✓ Snapshot stored ✓ Hash verified

Citation Record

Entity: OpenAI
Document: Terms of Use (ROW)
Record ID: CA-P-017206
Captured: 2026-03-10 03:31:52 UTC
SHA-256: 88564a001002409f…
URL: https://conductatlas.com/platform/openai/terms-of-use-row/provision/CA-P-017206/exclusion-of-indirect-and-consequential-damages/
Accessed: July 12, 2026

Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.

Classification

Severity

High

Other risks in this policy

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

Frequently Asked Questions

What does OpenAI's Exclusion of Indirect and Consequential Damages clause do?

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.

How does this clause affect you?

Users are prohibited from recovering indirect, incidental, special, consequential, or exemplary damages—including lost profits—from OpenAI, its affiliates, or its licensors.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 289 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.