English (US)
Published: December 11, 2024
Terms of Use
Effective: December 11, 2024 (previous version)
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 Termsand 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 Termsgovern use of ChatGPT Enterprise, our APIs, and our other
services for businesses and developers.
Our Privacy Policyexplains 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 articlefor 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. 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 cancelyour 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.
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. 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. 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). 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.
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