{"id":"scan_b01461186617","source_url":"https://openai.com/policies/terms-of-use/","doc_type":"terms_of_service","fetched_at":"2026-10-08T21:22:03.517503Z","word_count":3351,"language":"en","risk_score":100,"risk_level":"critical","verdict":"pass","summary":"OpenAI may use your Content to improve their services unless you opt out. When you use the service, your content may be used to improve their models unless you opt out. The vendor can suspend or terminate your access at their discretion for various reasons.","clauses":[{"id":"c_001","category":"data_training_use","title":"AI training on your data","summary":"OpenAI may use your Content to improve their services unless you opt out.","severity":"high","quote":"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.","section":"Content"},{"id":"c_002","category":"ip_assignment","title":"Ownership of output","summary":"You retain ownership of your Input and own the Output generated from it.","severity":"medium","quote":"you (a) retain your ownership rights in Input and (b) own the Output.","section":"Content"},{"id":"c_003","category":"data_sharing_resale","title":"Third Party Services and Outputs","summary":"Your interaction with Third Party Services is subject to their own terms, and OpenAI is not responsible for them.","severity":"medium","quote":"Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.","section":"Third party Services"},{"id":"c_004","category":"data_training_use","title":"AI training on your data","summary":"When you use the service, your content may be used to improve their models unless you opt out.","severity":"high","quote":"We may use Content to provide, maintain, develop, and improve our Services... If you do not want us to use your Content to train our models, you can opt out by following the instructions in this article.","section":"Our use of content"},{"id":"c_005","category":"termination_at_will","title":"Vendor can terminate services","summary":"The vendor can suspend or terminate your access at their discretion for various reasons.","severity":"high","quote":"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.","section":"Termination and suspension"},{"id":"c_006","category":"liability_cap","title":"Liability cap for damages","summary":"The vendor limits their liability, capping it at the greater of a certain amount or what you've paid in the last year.","severity":"high","quote":"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).","section":"Limitation of liability"},{"id":"c_007","category":"indemnification","title":"Indemnification obligation","summary":"You agree to compensate the vendor for claims arising from your use of their services.","severity":"medium","quote":"you must defend and compensate the vendor for claims arising from your use.","section":"Indemnity"},{"id":"c_008","category":"binding_arbitration","title":"Mandatory binding arbitration","summary":"You must resolve disputes through binding arbitration instead of court.","severity":"high","quote":"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.","section":"Dispute resolution"},{"id":"c_009","category":"class_action_waiver","title":"Class action waiver","summary":"You waive the right to participate in class-action lawsuits.","severity":"high","quote":"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.","section":"Dispute resolution"},{"id":"c_010","category":"indemnification","title":"Indemnification obligation","summary":"You must indemnify OpenAI against claims arising from your use of the services.","severity":"medium","quote":"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.","section":"Indemnity"},{"id":"c_011","category":"binding_arbitration","title":"Binding arbitration for disputes","summary":"You must resolve disputes through binding arbitration in batches, which may limit your options.","severity":"high","quote":"NAM will administer them in batches of up to 50 claimants each ('Batch')...","section":null},{"id":"c_012","category":"unilateral_modification","title":"Unilateral modification of terms","summary":"The vendor can change terms and services, and you must stop using if you disagree.","severity":"high","quote":"We may update these Terms or our Services accordingly from time to time...","section":"Changes to these Terms or our Services"},{"id":"c_013","category":"jurisdiction_venue","title":"Governing law and venue","summary":"Disputes are governed by California law and must be brought in San Francisco courts.","severity":"medium","quote":"California law will govern these Terms except for its conflicts of laws principles...","section":"Governing law"}],"dealbreakers":[],"recommended_actions":[],"meta":{"truncated":false,"cached":true,"content_hash":"8e70273e2254136cd9a3e0402579ef58455e09e6fe0e9c497890c005ef65bd2c","overage":false,"paid_via":null},"disclaimer":"Fineprint provides automated informational analysis only. It is not legal advice, and Fineprint is not a law firm. Verify material findings against the quoted source text and consult a licensed attorney before acting."}