ChatGPT (OpenAI)

By default OpenAI may use your conversations to train its models unless you opt out, and chats can be retained. You own your outputs but bear responsibility for them, and arbitration applies.

🚨 Key things to watch out for

The clauses that could affect you the most. Read these even if you skip everything else.

Your chats are used to train OpenAI's AI models by default unless you actively opt out in account settings.

content

Paid subscriptions auto-renew and charge you until you cancel, with no refund for unused days after the 14-day cooling-off period.

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📋 Every clause, explained

Browse what the terms actually say — filter by severity or by topic.

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Showing 16 clauses

using-our-servicesUsing our Services3 clauses

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Free use of your feedback

📄Claims your content

using-our-services-A

💬 Any feedback or suggestions you give OpenAI can be used by them freely and forever without paying you anything.

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“We appreciate your feedback about our Services, but you agree that we may use it to provide, maintain, develop, and improve our Services, without compensation to you.”

⚠️

Employer can take over your account

⛔Account termination

using-our-services-B

💬 If you signed up with a work email, your employer can take control of your account, read your content, and lock you out.

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“If you create an account using an email address owned by an organisation (for example, your employer), that account may be added to the organisation's business account with us... Once your account is transferred, the organisation'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.”

ℹ️

Third party content not their responsibility

🔗Shares with third parties

using-our-services-C

💬 When OpenAI pulls in outside services (like web browsing), those are governed by other companies' terms and OpenAI takes no responsibility for them.

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“Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.”

contentContent3 clauses

⚠️

Your content used to train AI by default

🤖AI training on your data

content-A

💬 By default your chats and inputs are used to train OpenAI's AI models. You have to actively opt out in settings if you don't want this.

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“If you do not want us to use your Content to train our models, you have the option to opt out by updating your account settings.”

⚠️

Broad worldwide use of your content

📥Data collection

content-B

💬 OpenAI grants itself a broad, worldwide right to use whatever you type and receive for a wide range of purposes.

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“We can use your Content worldwide to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies and keep our Services safe.”

ℹ️

Output may be inaccurate - use at own risk

🛡️Limits their liability

content-C

💬 The AI can be wrong, and OpenAI warns you not to rely on its answers for anything important.

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“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.”

paid-accountsPaid accounts3 clauses

⚠️

Automatic recurring charges

🔄Auto-renews

paid-accounts-A

💬 Paid subscriptions renew and charge you automatically until you cancel; you must cancel yourself to stop being billed.

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“For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel.”

ℹ️

No refund for unused subscription period

🔄Auto-renews

paid-accounts-B

💬 If you cancel mid-period (after the cooling-off window), you don't get money back for the remaining days you already paid for.

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“Unless we specify otherwise, you will not receive a refund or service credit for any days between the day you cancel and the last day of the subscription period you have paid for.”

ℹ️

Price changes

📝Can change terms anytime

paid-accounts-C

💬 Prices can go up, but you get 30 days' notice and can cancel before the increase takes effect.

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“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.”

terminationTermination and suspension1 clause

⚠️

Account termination and inactivity closure

⛔Account termination

termination-A

💬 OpenAI can suspend or close your account for breaches, legal reasons, risk, or simply if a free account is inactive for over a year.

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“We may take action to restrict, suspend, or terminate your access to our Services or close your account if we determine, acting reasonably and objectively... Your account has been inactive for over a year and you do not have a paid account.”

commitmentsOur commitments to you1 clause

ℹ️

Limited liability (consumer variant)

🛡️Limits their liability

commitments-A

💬 OpenAI limits its responsibility to breaches and foreseeable losses, but this is a relatively consumer-friendly version that preserves your statutory rights.

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“Provided that we have acted with professional diligence, we do not take responsibility for loss or damage caused by us, unless it is: caused by our breach of these Terms or reasonably foreseeable at the time of entering into these Terms.”

generalGeneral terms2 clauses

⚠️

Terms can be changed unilaterally

📝Can change terms anytime

general-A

💬 OpenAI can change the terms; if a change hurts you they give 30 days' notice, but your only option to reject a change is to stop using the service.

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“We may update these Terms or our Services accordingly from time to time... We will give you at least 30 days advance notice of changes that materially adversely impact you... If you do not agree to the changes, you must stop using our Services.”

ℹ️

Governing law follows your residence (consumer)

📍Jurisdiction

general-B

💬 For consumers, disputes are governed by the law of your home country and can be brought in your local courts - a consumer-friendly arrangement.

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“The law of the jurisdiction where you are a resident will govern these Terms.”

business-addendumBusiness use addendum3 clauses

🔴

Hard liability cap for business use

🛡️Limits their liability

business-addendum-A

💬 If you use the service for business, OpenAI's total liability is capped at what you paid in the last 12 months or $100 - whichever is greater. This severely limits what you could recover.

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“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).”

🔴

Broad indemnification for business users

📌Other

business-addendum-B

💬 Business users must cover OpenAI's legal costs and losses from any third-party claims related to how they used the service - potentially very expensive.

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“If you are a business or organisation, 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.”

⚠️

California law and SF courts for business use

📍Jurisdiction

business-addendum-C

💬 For business use, you must litigate in San Francisco under California law, which could be costly and inconvenient if you're located elsewhere.

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“California law will govern these Terms except for its conflicts of laws principles. All claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.”

ChatGPT (OpenAI) terms of service, explained in plain English — TOSTLDR