OpenAI Terms of Use
Effective: December 11, 2024
Thank you for using OpenAI!
These Terms of Use apply to your use of ChatGPT, DALL·E, and OpenAI’s other
services for individuals, along with any associated software applications and
websites (all together, “Services”). These Terms form an agreement between
you and OpenAI, L.L.C., a Delaware company, and they include our Service Terms
and important provisions for resolving disputes through arbitration. By using
our Services, you agree to these Terms.
If you reside in the European Economic Area, Switzerland, or the UK, your use
of the Services is governed by these terms.
Our Business Terms govern use of ChatGPT Enterprise, our APIs, and our other
services for businesses and developers.
Our Privacy Policy explains how we collect and use personal information.
Although it does not form part of these Terms, it is an important document that
you should read.
Who we are
OpenAI is an AI research and deployment company. Our mission is to ensure that
artificial general intelligence benefits all of humanity. For more information
about OpenAI, please visit https://openai.com/about.
Registration and access
Minimum age. You must be at least 13 years old or the minimum age required in
your country to consent to use the Services. If you are under 18 you must have
your parent or legal guardian’s permission to use the Services.
Registration. You must provide accurate and complete information to register
for an account to use our Services. You may not share your account credentials
or make your account available to anyone else and are responsible for all activities
that occur under your account. If you create an account or use the Services
on behalf of another person or entity, you must have the authority to accept
these Terms on their behalf.
Using our Services
What you can do. Subject to your compliance with these Terms, you may access
and use our Services. In using our Services, you must comply with all applicable
laws as well as our Sharing & Publication Policy, Usage Policies, and
any other documentation, guidelines, or policies we make available to you.
What you cannot do. You may not use our Services for any illegal, harmful, or
abusive activity. For example, you may not:
Use our Services in a way that infringes, misappropriates or violates anyone’s
rights.
Modify, copy, lease, sell or distribute any of our Services.
Attempt to or assist anyone to reverse engineer, decompile or discover the source
code or underlying components of our Services, including our models, algorithms,
or systems (except to the extent this restriction is prohibited by applicable
law).
Automatically or programmatically extract data or Output (defined below).
Represent that Output was human-generated when it was not.
Interfere with or disrupt our Services, including circumvent any rate limits
or restrictions or bypass any protective measures or safety mitigations we put
on our Services.
Use Output to develop models that compete with OpenAI.
Software. Our Services may allow you to download software, such as mobile applications,
which may update automatically to ensure you’re using the latest version.
Our software may include open source software that is governed by its own licenses
that we’ve made available to you.
Corporate domains. If you create an account using an email address owned by
an organization (for example, your employer), that account may be added to the
organization's business account with us, in which case we will provide notice
to you so that you can help facilitate the transfer of your account (unless
your organization has already provided notice to you that it may monitor and
control your account). Once your account is transferred, the organization’s
administrator will be able to control your account, including being able to
access Content (defined below) and restrict or remove your access to the account.
Third party Services. Our services may include third party software, products,
or services, (“Third Party Services”) and some parts of our Services, like
our browse feature, may include output from those services (“Third Party Output”).
Third Party Services and Third Party Output are subject to their own terms,
and we are not responsible for them.
Feedback. We appreciate your feedback, and you agree that we may use it without
restriction or compensation to you.
Content
Your content. You may provide input to the Services (“Input”), and receive
output from the Services based on the Input (“Output”). Input and Output
are collectively “Content.” You are responsible for Content, including ensuring
that it does not violate any applicable law or these Terms. You represent and
warrant that you have all rights, licenses, and permissions needed to provide
Input to our Services.
Ownership of content. As between you and OpenAI, and to the extent permitted
by applicable law, you (a) retain your ownership rights in Input and (b) own
the Output. We hereby assign to you all our right, title, and interest, if any,
in and to Output.
Similarity of content. Due to the nature of our Services and artificial intelligence
generally, output may not be unique and other users may receive similar output
from our Services. Our assignment above does not extend to other users’ output
or any Third Party Output.
Our use of content. We may use Content to provide, maintain, develop, and improve
our Services, comply with applicable law, enforce our terms and policies, and
keep our Services safe. If you're using ChatGPT through Apple's integrations,
see this Help Center article(opens in a new window) for how we handle your
Content.
Opt out. If you do not want us to use your Content to train our models, you
can opt out by following the instructions in this Help Center article(opens
in a new window). Please note that in some cases this may limit the ability
of our Services to better address your specific use case.
Accuracy. Artificial intelligence and machine learning are rapidly evolving
fields of study. We are constantly working to improve our Services to make them
more accurate, reliable, safe, and beneficial. Given the probabilistic nature
of machine learning, use of our Services may, in some situations, result in
Output that does not accurately reflect real people, places, or facts.
When you use our Services you understand and agree:
Output may not always be accurate. You should not rely on Output from our Services
as a sole source of truth or factual information, or as a substitute for professional
advice.
You must evaluate Output for accuracy and appropriateness for your use case,
including using human review as appropriate, before using or sharing Output
from the Services.
You must not use any Output relating to a person for any purpose that could
have a legal or material impact on that person, such as making credit, educational,
employment, housing, insurance, legal, medical, or other important decisions
about them.
Our Services may provide incomplete, incorrect, or offensive Output that does
not represent OpenAI’s views. If Output references any third party products
or services, it doesn’t mean the third party endorses or is affiliated with
OpenAI.
Our IP rights
We and our affiliates own all rights, title, and interest in and to the Services.
You may only use our name and logo in accordance with our Brand Guidelines.
Paid accounts
Billing. If you purchase any Services, you will provide complete and accurate
billing information, including a valid payment method. For paid subscriptions,
we will automatically charge your payment method on each agreed-upon periodic
renewal until you cancel. You’re responsible for all applicable taxes, and
we’ll charge tax when required. If your payment cannot be completed, we may
downgrade your account or suspend your access to our Services until payment
is received.
Service credits. You can pay for some Services in advance by purchasing service
credits. All service credits are subject to our Service Credit Terms.
Cancellation. You can cancel(opens in a new window) your paid subscription
at any time. Payments are non-refundable, except where required by law. These
Terms do not override any mandatory local laws regarding your cancellation rights.
Changes. We may change our prices from time to time. If we increase our subscription
prices, we will give you at least 30 days’ notice and any price increase will
take effect on your next renewal so that you can cancel if you do not agree
to the price increase.
Termination and suspension
Termination. You are free to stop using our Services at any time. We reserve
the right to suspend or terminate your access to our Services or delete your
account if we determine:
You breached these Terms or our Usage Policies.
We must do so to comply with the law.
Your use of our Services could cause risk or harm to OpenAI, our users, or anyone
else.
We also may terminate your account if it has been inactive for over a year and
you do not have a paid account. If we do, we will provide you with advance notice.
Appeals. If you believe we have suspended or terminated your account in error,
you can file an appeal with us by contacting our Support team(opens in a
new window).
Discontinuation of Services
We may decide to discontinue our Services, but if we do, we will give you advance
notice and a refund for any prepaid, unused Services.
Disclaimer of warranties
OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW,
WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY
WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT
THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY
CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE
RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION,
OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Limitation of liability
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, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER
THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE
SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY
AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some countries and states do not allow the disclaimer of certain warranties
or the limitation of certain damages, so some or all of the terms above may
not apply to you, and you may have additional rights. In that case, these Terms
only limit our responsibilities to the maximum extent permissible in your country
of residence.
OPENAI’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD
PARTY BENEFICIARIES OF THIS SECTION.
Indemnity
If you are a business or organization, to the extent permitted by law, you will
indemnify and hold harmless us, our affiliates, and our personnel, from and
against any costs, losses, liabilities, and expenses (including attorneys’
fees) from third party claims arising out of or relating to your use of the
Services and Content or any violation of these Terms.
Dispute resolution
YOU AND OPENAI AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION
WAIVER PROVISIONS:
MANDATORY ARBITRATION. You and OpenAI agree to resolve any claims arising out
of or relating to these Terms or our Services, regardless of when the claim
arose, even if it was before these Terms existed (a “Dispute”), through
final and binding arbitration. You may opt out of arbitration within 30 days
of account creation or of any updates to these arbitration terms within 30 days
after the update has taken effect by filling out this form(opens in a new
window). If you opt out of an update, the last set of agreed upon arbitration
terms will apply.
Informal dispute resolution. We would like to understand and try to address
your concerns prior to formal legal action. Before either of us files a claim
against the other, we both agree to try to resolve the Dispute informally. You
agree to do so by sending us notice through this form(opens in a new window).
We will do so by sending you notice to the email address associated with your
account. If we are unable to resolve a Dispute within 60 days, either of us
has the right to initiate arbitration. We also both agree to attend an individual
settlement conference if either party requests one during this time. Any statute
of limitations will be tolled during this informal resolution process.
Arbitration forum. If we are unable to resolve the Dispute, either of us may
commence arbitration with National Arbitration and Mediation (“NAM”) under
its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental
Rules for Mass Arbitration Filings, as applicable (available here(opens in
a new window)). OpenAI will not seek attorneys’ fees and costs in arbitration
unless the arbitrator determines that your claim is frivolous. The activities
described in these Terms involve interstate commerce and the Federal Arbitration
Act will govern the interpretation and enforcement of these arbitration terms
and any arbitration.
Arbitration procedures. The arbitration will be conducted by videoconference
if possible, but if the arbitrator determines a hearing should be conducted
in person, the location will be mutually agreed upon, in the county where you
reside, or as determined by the arbitrator, unless the batch arbitration process
applies. The arbitration will be conducted by a sole arbitrator. The arbitrator
will be either a retired judge or an attorney licensed to practice law in the
state of California. The arbitrator will have exclusive authority to resolve
any Dispute, except the state or federal courts of San Francisco, California
have the authority to determine any Dispute about enforceability, validity of
the class action waiver, or requests for public injunctive relief, as set out
below. Any settlement offer amounts will not be disclosed to the arbitrator
by either party until after the arbitrator determines the final award, if any.
The arbitrator has the authority to grant motions dispositive of all or part
of any Dispute.
Exceptions. This section does not require informal dispute resolution or arbitration
of the following claims: (i) individual claims brought in small claims court;
and (ii) injunctive or other equitable relief to stop unauthorized use or abuse
of the Services or intellectual property infringement or misappropriation.
CLASS AND JURY TRIAL WAIVERS. You and OpenAI agree that Disputes must be brought
on an individual basis only, and may not be brought as a plaintiff or class
member in any purported class, consolidated, or representative proceeding. Class
arbitrations, class actions, and representative actions are prohibited. Only
individual relief is available. The parties agree to sever and litigate in court
any request for public injunctive relief after completing arbitration for the
underlying claim and all other claims. This does not prevent either party from
participating in a class-wide settlement. You and OpenAI knowingly and irrevocably
waive any right to trial by jury in any action, proceeding, or counterclaim.
Batch arbitration. If 25 or more claimants represented by the same or similar
counsel file demands for arbitration raising substantially similar Disputes
within 90 days of each other, then you and OpenAI agree that NAM will administer
them in batches of up to 50 claimants each (“Batch”), unless there are less
than 50 claimants in total or after batching, which will comprise a single Batch.
NAM will administer each Batch as a single consolidated arbitration with one
arbitrator, one set of arbitration fees, and one hearing held by videoconference
or in a location decided by the arbitrator for each Batch. If any part of this
section is found to be invalid or unenforceable as to a particular claimant
or Batch, it will be severed and arbitrated in individual proceedings.
Severability. If any part of these arbitration terms is found to be illegal
or unenforceable, the remainder will remain in effect, except that if a finding
of partial illegality or unenforceability would allow class arbitration, class
action, or representative action, this entire dispute resolution section will
be unenforceable in its entirety.
Copyright complaints
If you believe that your intellectual property rights have been infringed, please
send notice to the address below or fill out this form. We may delete or disable
content that we believe violates these Terms or is alleged to be infringing
and will terminate accounts of repeat infringers where appropriate.
OpenAI, L.L.C.
1455 3rd Street
San Francisco, CA 94158
Attn: General Counsel / Copyright Agent
Written claims concerning copyright infringement must include the following
information:
A physical or electronic signature of the person authorized to act on behalf
of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed upon
A description of where the allegedly infringing material is located on our site
so we can find it
Your address, telephone number, and e-mail address
A statement by you that you have a good-faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law
A statement by you that the above information in your notice is accurate and,
under penalty of perjury, that you are the copyright owner or authorized to
act on the copyright owner’s behalf
General Terms
Assignment. You may not assign or transfer any rights or obligations under these
Terms and any attempt to do so will be void. We may assign our rights or obligations
under these Terms to any affiliate, subsidiary, or successor in interest of
any business associated with our Services.
Changes to these Terms or our Services. We are continuously working to develop
and improve our Services. We may update these Terms or our Services accordingly
from time to time. For example, we may make changes to these Terms or the Services
due to:
Changes to the law or regulatory requirements.
Security or safety reasons.
Circumstances beyond our reasonable control.
Changes we make in the usual course of developing our Services.
To adapt to new technologies.
We will give you at least 30 days advance notice of changes to these Terms that
materially adversely impact you either via email or an in-product notification.
All other changes will be effective as soon as we post them to our website.
If you do not agree to the changes, you must stop using our Services.
Delay in enforcing these Terms. Our failure to enforce a provision is not a
waiver of our right to do so later. Except as provided in the dispute resolution
section above, if any portion of these Terms is determined to be invalid or
unenforceable, that portion will be enforced to the maximum extent permissible
and it will not affect the enforceability of any other terms.
Trade controls. You must comply with all applicable trade laws, including sanctions
and export control laws. Our Services may not be used in or for the benefit
of, or exported or re-exported to (a) any U.S. embargoed country or territory
or (b) any individual or entity with whom dealings are prohibited or restricted
under applicable trade laws. Our Services may not be used for any end use prohibited
by applicable trade laws, and your Input may not include material or information
that requires a government license for release or export.
Entire agreement. 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.
Governing law. California law will govern these Terms except for its conflicts
of laws principles. Except as provided in the dispute resolution section above,
all claims arising out of or relating to these Terms will be brought exclusively
in the federal or state courts of San Francisco, California.