This analysis describes what Writer'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
The updated terms establish clearer scope (these terms apply to free, trial, and paid versions; Enterprise is separate) and expand the list of prohibited uses. Users may no longer reverse engineer, scrape, or attempt to derive components of the Services; use the platform for competitive analysis or to develop competing products; or misrepresent AI-generated output as human-created. The terms also explicitly prohibit processing of HIPAA-regulated health information. Users can review the full updated terms to understand which specific uses are now restricted.
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These Terms contain the entire agreement between you and OpenAI regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and OpenAI.
If any provisions from this Policy are in conflict with any applicable laws, such provisions will be replaced by provisions of the same purport that reflects the original intention of the provision, to the extent permissible under the applicable laws.
"Any delay or failure on our part to enforce a provision of these Terms is not a waiver of our right to enforce them later.Excerpt from Writer's Terms of Service
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The clause states: “Any delay or failure on our part to enforce a provision of these Terms is not a waiver of our right to enforce them later.”
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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