If a business builds an app using OpenAI's API and one of their customers misuses it, that business — not OpenAI — bears primary responsibility for the violation, which could expose them to both contractual penalties from OpenAI and direct regulatory liability.
OpenAI's Usage Policy defines hard limits on what consumers and developers can request from ChatGPT, Sora, Codex, and the API — including absolute bans on generating CSAM, weapons-related content, and content designed to undermine AI safety systems. Violations can result in immediate, unilateral account suspension or termination, which for paying subscribers or businesses relying on API access represents a material service disruption risk. You can review the appeals process for enforcement actions at https://openai.com/transparency-and-content-moderation.