OpenAI Terms of Use
OpenAI's Terms of Use governing access to and use of OpenAI's services, including ChatGPT, the API, DALL-E, and other AI products. The terms address account registration requirements, acceptable use policies, content ownership (input and output), payment terms, confidentiality obligations, warranty disclaimers, liability limitations, and dispute resolution procedures. Users retain ownership of their input and, to the extent permitted by law, receive assignment of rights to the output generated by OpenAI's models.
1. Eligibility and Registration
Users must be at least 13 years old (or the minimum age required in their country) to use OpenAI's services, and users under 18 require parental or guardian consent. Organizations must ensure that authorized users comply with the terms, and the organization is responsible for all use under its account. Account credentials must be kept confidential, and users are responsible for all activity that occurs under their accounts. OpenAI reserves the right to refuse service, terminate accounts, or remove content at its sole discretion.
2. Usage Requirements
Users must comply with OpenAI's Usage Policies, which prohibit using the services for illegal activities, generating harmful or deceptive content, attempting to reverse-engineer or extract model weights, and other restricted activities. Users must not use the services in a manner that could damage, disable, overburden, or impair OpenAI's systems. Automated or programmatic access to the services must comply with rate limits and API usage guidelines. Users are responsible for ensuring that their use of the services complies with all applicable laws and regulations in their jurisdiction.
3. Content
Users retain ownership of input they provide to the services ("Input"), and OpenAI assigns to users all its right, title, and interest in the output generated by the services ("Output"), subject to compliance with the terms. Due to the nature of AI, outputs may not be unique, and other users may receive similar or identical output. Users must not represent that AI-generated output was human-generated where disclosure is required by law or the Usage Policies. OpenAI may use Content to provide, maintain, develop, and improve the services, unless users opt out via API data usage controls or applicable settings.
3.1 Input
Users retain all ownership rights to the content they provide as input to OpenAI's services. Users are responsible for ensuring they have all necessary rights and permissions for the input they submit. OpenAI does not claim ownership of user input. For API users, OpenAI does not use input or output to train its models by default, unless the user explicitly opts in to data sharing.
3.2 Output
OpenAI assigns to the user all its right, title, and interest (if any) in the output generated by the services. However, due to the probabilistic nature of AI models, multiple users may receive identical or substantially similar output from the same or similar prompts, and OpenAI cannot guarantee that output will be unique or non-infringing. Users are solely responsible for evaluating the accuracy, appropriateness, and legal compliance of any output they use.
3.3 Restrictions
Users must not use output to develop competing AI models through distillation, training, or similar techniques unless expressly permitted. Content that violates OpenAI's Usage Policies may be removed, and repeated violations may result in account suspension or termination. Users must clearly disclose AI involvement in generating content where required by applicable law, regulation, or industry standards.
4. Fees and Payments
Certain services require payment, and users agree to pay all applicable fees as described on the pricing page or in an applicable order form. Fees are non-refundable except as required by law or as expressly stated in the terms. OpenAI may change its prices with reasonable notice, and continued use of paid services after a price change constitutes acceptance of the new pricing. For API usage, charges are calculated based on token consumption and billed monthly. Overdue payments may accrue interest and result in suspension of access to paid services.
5. Confidentiality
OpenAI may provide users with confidential information in connection with the services, and users agree to protect such confidential information using reasonable measures. Confidential information does not include information that is publicly available, already known to the receiving party, or independently developed without reference to the confidential information. For enterprise and API customers, OpenAI maintains additional confidentiality commitments as specified in applicable data processing agreements or enterprise agreements. Users should review OpenAI's Privacy Policy for details on how personal data is collected, used, and protected.
6. Disclaimers
OpenAI's services are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory. OpenAI specifically disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. OpenAI does not warrant that the services will be uninterrupted, error-free, secure, or that outputs will be accurate, complete, or reliable. AI-generated content may contain errors, biases, or inaccuracies (commonly known as "hallucinations"), and users should independently verify important information before relying on it.
7. Limitation of Liability
To the maximum extent permitted by applicable law, neither OpenAI nor its affiliates, officers, directors, employees, or agents will be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use of the services. OpenAI's total aggregate liability for all claims arising out of or relating to the terms or the services is limited to the greater of the amount the user paid to OpenAI in the twelve months preceding the claim or one hundred U.S. dollars ($100). These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if OpenAI has been advised of the possibility of such damages.
8. Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to the terms or the services shall be resolved through binding individual arbitration administered under the rules of the applicable arbitration body, rather than in court. Users waive their right to participate in class actions or class-wide arbitration. The arbitration shall be conducted in San Francisco, California, and governed by the laws of the State of California without regard to conflict of laws principles. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
9. General Terms
The terms constitute the entire agreement between the user and OpenAI regarding the services and supersede all prior agreements and understandings. OpenAI may update the terms from time to time, and material changes will be communicated through the services or via email. Continued use of the services after changes take effect constitutes acceptance of the updated terms. If any provision of the terms is found to be unenforceable, the remaining provisions will continue in full force and effect. OpenAI may assign the terms or delegate its obligations without consent; users may not assign or transfer their rights without OpenAI's prior written consent. Failure to enforce any right or provision does not constitute a waiver of that right.