LICENSEWARE
OpenAI Rule

Output IP indemnity for API and Enterprise customers

Catalog row in Vendor License Rules · Cited

Kind
Commercial
Statement
Service terms (updated 2026-09-29) §1 and §3(b): OpenAI's indemnity for API and Enterprise customers includes claims that the Customer's use or distribution of Output infringes third-party IP. It does not apply where the Customer knew the Output was infringing, disabled citation, filtering or safety features, modified or combined the Output, lacked rights to the Input, the claim is a trademark claim on use in commerce, or the Output came from a Third Party Offering. Services Agreement §13.1 makes this Service-Specific Terms Indemnity "not subject to any liability cap". Beta Services are excluded from indemnification (§2).
Applies when
A third party claims that use or distribution of Output infringes its intellectual property.
Applies to
OpenAI API customers; ChatGPT Enterprise, Edu and for Healthcare customers.
Aliases
copyright indemnity; output indemnity
Esc