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Plain-English summary
OpenAI's terms include mandatory arbitration and class action waivers (risk_flags-0001, risk_flags-0002), significantly limiting your ability to pursue legal action against them. Their liability for damages is capped at a low amount (risk_flags-0003), and services are provided "as is" with no guarantees of accuracy or reliability (risk_flags-0004). You are responsible for verifying the accuracy of AI-generated content (risk_flags-0006) and are explicitly warned not to use it for important decisions about people (risk_flags-0005) or as a sole source of truth (risk_flags-0007). Content output may not be unique (risk_flags-0008), and any feedback you provide can be used without compensation (risk_flags-0009). If you use an organizational email, your employer may gain control over your account and its content (data_use-0001).
93% confidence
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Risk Flags
8 findings
Critical terms that create risk or remove common consumer rights. These terms often cannot be negotiated, or are difficult to understand. This section aims to call out these highly unfavorable terms.
high95% confidence
Waiver of Class Action and Jury Trial
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. You and OpenAI knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.
Why it matters: You cannot participate in class action lawsuits against OpenAI, and you lose your right to a jury trial for any legal action.
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.
YOU AND OPENAI AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:, paragraph 7 · Citation strength: strong
high95% confidence
Limited Liability for Damages
OpenAI will not be liable for indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data. Their 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).
Why it matters: OpenAI severely limits its financial responsibility for any harm or losses you might incur from using their services, often capping it at a very low amount ($100 or the amount paid in the last 12 months).
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).
Limitation of liability, paragraph 1 · Citation strength: strong
medium95% confidence
Disclaimer of Warranties
OpenAI provides its services "as is" and disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement. They do not warrant that services will be uninterrupted, accurate, error-free, secure, or that content will not be lost or altered.
Why it matters: OpenAI does not guarantee that its services will meet your specific needs, be uninterrupted, accurate, error-free, secure, or that your content will be safe from loss or alteration. You use the services at your own risk.
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.
Disclaimer of warranties, paragraph 1 · Citation strength: strong
medium95% confidence
No Reliance on Output for Important Decisions
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.
Why it matters: You are prohibited from using the AI's output about a person for critical decisions that could significantly affect that individual's life, such as financial, educational, or medical choices.
- 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.
Content, paragraph 8 · Citation strength: strong
medium95% confidence
User Responsibility for Output Accuracy
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.
Why it matters: You are solely responsible for checking the accuracy and suitability of any content generated by the AI before you use or share it.
- 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.
Content, paragraph 8 · Citation strength: strong
medium95% confidence
Output May Be Inaccurate or Offensive
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. Our Services may provide incomplete, incorrect, or offensive Output that does not represent OpenAI’s views.
Why it matters: The AI-generated content may be inaccurate, incomplete, incorrect, or offensive, and should not be relied upon as factual or professional advice.
. - Our Services may provide incomplete, incorrect, or offensive Output that does not represent OpenAI’s views.
Content, paragraph 8 · Citation strength: strong
medium90% confidence
No Guarantee of Unique Output
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.
Why it matters: The content generated by the AI may not be unique and other users might receive similar output, potentially affecting your ability to claim exclusive ownership or originality.
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.
Content, paragraph 3 · Citation strength: strong
low95% confidence
Feedback May Be Used Without Compensation
OpenAI may use your feedback without restriction or compensation to you.
Why it matters: Any feedback you provide to OpenAI can be used by them freely without any obligation to compensate you.
Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.
Using our Services, paragraph 7 · Citation strength: strong
Data Use
1 finding
Policies on how your data is collected, processed, and shared. This section aims to clarify the extent to which your personal data and content can be used by the service.
medium95% confidence
Organizational Control Over Your Account and Content
If you create an account using an email address owned by an organization, that account may be added to the organization's business account. Once transferred, the organization's administrator will be able to control your account, including accessing your content and restricting or removing your access.
Why it matters: If you use a work email for your account, your employer or organization may gain control over your account, including access to your content and the ability to manage or revoke your access.
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.
Using our Services, paragraph 5 · Citation strength: strong
Cancellation and Renewal
All clear
Details regarding subscription changes, cancellations, and renewals. This section highlights how easy or difficult it is to stop using the service and what happens to your data or access when you do.
✓
Looking good
No billing surprises spotted
Verbaterm only flags concerns it can cite. No cancellation, auto-renewal, or refund terms needed attention here.
Gotchas
All clear
Potentially overlooked clauses that may include unexpected charges, unfavorable terms, or limitations. This section highlights common 'gotchas' that might be hidden in the fine print.
✓
Looking good
No hidden gotchas
Verbaterm only flags concerns it can cite. Nothing easy-to-miss stood out in this section.
Protections
3 findings
These clauses are beneficial to you, increase your control, or limit the service provider's power.
Protection95% confidence
Opt-out of Content Use for Model Training
You can opt out of OpenAI using your Content to train their models by following instructions in a provided article.
Why it helps: You have control over whether your content is used to improve OpenAI's models, which can help protect your privacy and the uniqueness of your data.
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 article](https://openai.com/policies/how-your-data-is-used-to-improve-model-performance/).
Content, paragraph 5 · Citation strength: strong
Protection95% confidence
Notice for Price Increases on Subscriptions
If OpenAI increases subscription prices, they will give you at least 30 days’ notice, and the price increase will take effect on your next renewal, allowing you to cancel if you do not agree.
Why it helps: You receive advance warning of any price increases, giving you the opportunity to decide whether to continue your subscription or cancel it before the new price takes effect.
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.
If OpenAI discontinues its Services, they will give you advance notice and a refund for any prepaid, unused Services.
Why it helps: You are protected from losing money on prepaid services if OpenAI decides to stop offering them, as you will receive a refund for any unused portion.
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.
Discontinuation of Services, paragraph 1 · Citation strength: strong
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