OpenAI

The policy has been updated from May 18, 2026 to September 10, 2026, and includes several substantive modifications: removal of references to Sora and the Atlas browser, addition of ad history and interest data collection for Free/Go users, and revised language about data received from advertisers.

• Effective date changed from May 18, 2026 to September 10, 2026.
• Mission statement now mentions only “ChatGPT” instead of “ChatGPT and Sora” (removal of Sora).
• User Content definition no longer lists “Sora characters” as an example of uploaded content.
• Usage Data now includes a new sentence: “For Free and Go users, we also collect information about your ads history and interests, such as the types of ad content that you view or engage with.” Also the reference to “Atlas browser” was replaced with “in-app browser”.
• Information We Receive from Other Sources: changed from “We may receive information from advertisers and other data partners, which we use for purposes including to help us measure and improve the effectiveness of ads shown to Free and Go users on our Services.” to “We receive information from advertisers and other data partners, which we use for purposes described in this Policy including to help us measure and improve the effectiveness of our Services, including ads shown to Free and Go users on our Services.” (removes “may”, broadens purpose).
• Disclosure of Personal Data – Other Users: example list shortened from “ChatGPT conversations or Sora videos and characters, or share information with third-party search and shopping partners.” to “ChatGPT conversations, or share information with third-party search and shopping partners.” (Sora removed).
• Retention – Information we delete automatically: removed the example about “Atlas incognito browsing history won’t be saved after you end your session.”
• Data Controls: removed bullet about Atlas browser incognito mode; simplified cookie/choice bullet (removed reference to promotion choices and link); added hyperlinks to “export your ChatGPT history and data” and “delete your account”.
• Data Controls: removed bullet about promoting products on third-party properties and related link (moved elsewhere? Not present).

The Terms of Use have been substantially rewritten with many new and modified clauses, including changes to the contracting entity, new prohibited uses, expanded disclaimers and limitations of liability, a detailed dispute resolution process, and new user obligations.

• Contracting entity: Changed from "OpenAI, L.L.C." to "OpenAI OpCo, LLC" – a new legal entity now acts as the counterparty.
• Effective date: Updated from December 11, 2024 to January 1, 2026.
• Feedback clause (new): Users now agree that OpenAI may use feedback without restriction or compensation. The new version states: "We appreciate your feedback, and you agree that we may use it without restriction or compensation to you."
• Prohibited activities expanded: Added four new restrictions: (i) reverse engineering or discovering source code/models/algorithms; (ii) automatically extracting data or Output; (iii) representing Output as human-generated when it is not; (iv) using Output to develop competing models.
• Corporate domains: Modified to require user facilitation of account transfer, with an exception if the organization has already notified the user. The new version says: "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)."
• Billing/paid accounts: Added automatic renewal charging language and the right to downgrade or suspend for non-payment. Also added a statement that payments are non-refundable except as required by law.
• Appeals process (new): Users may now appeal account suspension or termination by contacting Support.
• Disclaimer of warranties: Expanded to include disclaimers of satisfactory quality, quiet enjoyment, and warranties arising from course of dealing or trade usage. Also added a statement that OpenAI does not warrant uninterrupted, error-free, or secure services, and a new paragraph stating use of Output is at the user's sole risk.
• Limitation of liability: Added an aggregate cap of the greater of amounts paid in the prior 12 months or $100. Also added that OpenAI's affiliates, suppliers, licensors, and distributors are intended third-party beneficiaries.
• Dispute resolution: Completely rewritten. Adds a 60-day informal resolution process with a mandatory settlement conference if requested. Designates NAM as the arbitration administrator. Specifies arbitration procedures (videoconference, sole arbitrator). Introduces a batch arbitration process for 25+ similar claims. Adds a jury trial waiver. Exceptions for small claims and IP injunctions are now explicit.
• Copyright complaints: Address changed to "OpenAI OpCo, LLC, 1455 3rd Street, San Francisco, CA 94158, Attn: General Counsel / Copyright Agent" and the notice requirements now include "under penalty of perjury."
• Changes to Terms: Added a new reason for changes ("To adapt to new technologies") and a new obligation to give at least 30 days' advance notice for changes that materially adversely impact users.