Businesses and developers who access OpenAI's services through the API are responsible for ensuring that their customers and end users comply with OpenAI's Usage Policy, not just their own direct use.
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
This provision creates a compliance obligation that flows through to every product built on OpenAI's API, meaning API operators cannot disclaim responsibility for prohibited uses by their own users.
Interpretive note: Verbatim text could not be extracted from the binary PDF. The provision is inferred from document metadata and publicly available OpenAI Usage Policy language consistent with this document version. The precise scope of operator monitoring obligations is not fully defined in available text.
If you are using an application built on the OpenAI API (not ChatGPT directly), the company behind that application bears legal responsibility for ensuring you do not use the service for prohibited purposes, which may affect how the app monitors and restricts your activity.
How other platforms handle this
This policy applies to you and anyone using the Services on your behalf, including your end users. You are responsible for ensuring that your use of the Services, and the use of the Services by others on your behalf, complies with this Policy.
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...
You agree to indemnify, defend, and hold harmless AI21 and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or rela...
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1. REGULATORY LANDSCAPE: This provision creates contractual compliance obligations that interact with intermediary liability frameworks including Section 230 of the Communications Decency Act in the US and the Digital Services Act in the EU. Under the DSA, very large online platforms have affirmative obligations to prevent misuse that may align with this policy requirement. GDPR Article 28 data processor obligations may also be engaged where operator-user relationships involve personal data processing. 2. GOVERNANCE EXPOSURE: High for API operators. This provision creates an affirmative, ongoing compliance obligation to monitor and restrict downstream user behavior. Failure to implement adequate content moderation and acceptable use enforcement downstream could result in OpenAI contract termination and, depending on jurisdiction, regulatory exposure for platform operators under the DSA or equivalent national laws. 3. JURISDICTION FLAGS: EU operators face the most significant exposure under the DSA, which requires platforms to implement risk assessments and content moderation infrastructure. US operators may have Section 230 immunity for user-generated content but face contractual liability to OpenAI regardless. Operators in jurisdictions with platform liability laws (Germany NetzDG, France Avia Law equivalent provisions) face additional obligations. 4. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams at organizations building on the OpenAI API should ensure their end-user license agreements and terms of service explicitly incorporate OpenAI's prohibited use categories. B2B contracts should address indemnification obligations if downstream user violations result in OpenAI enforcement action. This provision may also require vendor assessment of sub-processors and resellers. 5. COMPLIANCE CONSIDERATIONS: API operators should conduct an audit of their existing user terms of service to confirm prohibited use pass-through. Content moderation systems should be assessed against OpenAI's prohibited use categories. Legal teams should evaluate whether current monitoring infrastructure is sufficient to detect and respond to downstream violations, particularly for high-risk use categories such as CSAM and cyberweapons.
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This provision creates a compliance obligation that flows through to every product built on OpenAI's API, meaning API operators cannot disclaim responsibility for prohibited uses by their own users.
If you are using an application built on the OpenAI API (not ChatGPT directly), the company behind that application bears legal responsibility for ensuring you do not use the service for prohibited purposes, which may affect how the app monitors and restricts your activity.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.