OpenAI Terms of Service Review

Item: OpenAI Terms of Use
Rating: 55
Author: Terms.Law Editorial Team

As the most widely-used AI service, OpenAI's terms affect millions of users. While they've improved transparency over time, questions remain about training data opt-out complexity, frequent policy changes, and the scope of rights you grant when using ChatGPT.

📅 Last Updated: January 27, 2026

📄 ToS Version: Jan 2026

⚠ 4 High-Risk Clauses

0100

Grade C+

Consumer Fairness Index

📈 At category avg (55)

Score Breakdown by Category

How OpenAI's terms rate across my evaluation categories.

🔒 Data & Privacy Rights (25%) 45/100

📝 Output Ownership (25%) 55/100

👁 Transparency & Notice (20%) 48/100

🛡 Liability & Indemnification (15%) 45/100

⚖ Dispute Resolution (15%) 48/100

Compare With Other AI Services

⚠ Key Clauses to Watch

These provisions require careful attention for OpenAI users.

Training Data Opt-Out Complexity

High Risk

While OpenAI offers training opt-out, the process requires emailing support or navigating settings. Free tier users may have their data used for training by default.

"We may use Content you provide to our Services to improve our models... You can opt out by following our documentation or contacting support." OpenAI Terms of Use

Frequent Policy Changes

High Risk

OpenAI updates terms frequently, sometimes with minimal notice. Past changes have affected usage rights, content policies, and data handling without grandfathering existing users.

"We may update these Terms from time to time. We will notify you of material changes by posting the new Terms or by other reasonable means." OpenAI Terms of Use

Content Policy Enforcement

Medium Risk

OpenAI's content policies are broad and subjectively enforced. Accounts can be suspended for violations that may seem ambiguous or inconsistently applied.

"We may suspend or terminate your access if we believe you have violated our Usage Policies, at our sole discretion." OpenAI Usage Policies

No Accuracy Guarantees

Medium Risk

OpenAI explicitly disclaims any responsibility for hallucinations, inaccuracies, or harmful outputs. You assume all risk for using AI-generated content.

"AI outputs may be inaccurate. You should not rely on outputs without independent verification. We do not guarantee accuracy." OpenAI Terms of Use

Analysis

"OpenAI has improved their terms significantly since early ChatGPT, but they still lag behind Anthropic in transparency and user protection. The training data opt-out process should be simpler and more prominent.

The frequent policy changes are particularly concerning for business users. If you're building products on OpenAI's API, you need to monitor their terms closely and build flexibility into your own agreements with customers.

My recommendation: OpenAI is acceptable for most use cases, but privacy-conscious users should strongly consider Anthropic's Claude. If you use ChatGPT for business, ensure you understand the data handling differences between ChatGPT Plus, Team, and Enterprise plans."

OpenAI Terms Update History

Tracking verified changes to OpenAI's Terms of Use and how they affect your data, content ownership, and API access.

June 2025

Court-Ordered Data Retention (NY Times Lawsuit)

Federal court ordered OpenAI to preserve training data and related records in the New York Times copyright litigation. May affect future data deletion requests.

February 15, 2024

Updated Terms of Use

OpenAI updated Terms of Use with clarifications on content ownership, API usage, and acceptable use policies.

2023-2024

Training Opt-Out Options Available

OpenAI provides training opt-out in ChatGPT settings (Settings → Data Controls). API data is not used for training by default. Enterprise customers have contractual guarantees.

View All ToS Updates →

OpenAI Terms of Service Review

Score Breakdown by Category

Compare With Other AI Services

🤖 AI Terms Questions?

⚠ Key Clauses to Watch

Training Data Opt-Out Complexity

Frequent Policy Changes

Content Policy Enforcement

No Accuracy Guarantees

Analysis

OpenAI Terms Update History

Court-Ordered Data Retention (NY Times Lawsuit)

Updated Terms of Use

Training Opt-Out Options Available

Schedule a Consultation

OpenAI Terms of Service Review

Score Breakdown by Category

Compare With Other AI Services

🤖 AI Terms Questions?

Related Resources

⚠ Key Clauses to Watch

Training Data Opt-Out Complexity

Frequent Policy Changes

Content Policy Enforcement

No Accuracy Guarantees

Analysis

OpenAI Terms Update History

Court-Ordered Data Retention (NY Times Lawsuit)

Updated Terms of Use

Training Opt-Out Options Available

Schedule a Consultation