OpenAI
United States · 2 products · 2 with public prices from $8 per user / month
Products
- ChatGPT Free plan; paid from $8 per user / month, billed monthly checked today
- OpenAI API Usage-based, from $0.0045 per minute checked today
Contract terms
- Auto-renewal
- whether the Services auto renew and any renewal terms are set on the Order Form
- Notice period
- notice of non-renewal or scope reduction at least 30 days before the next Renewal Term
- Renewal uplift
- not stated
- Uplift cap
- not stated
| Term | What the agreement says | Clause | Agreement | Source |
|---|---|---|---|---|
| Auto-renewal | whether the Services auto renew and any renewal terms are set on the Order FormNotea renewal without a new Order Form lasts as long as the preceding term (definition of Renewal Term) | 1.2 Renewal | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Notice period | notice of non-renewal or scope reduction at least 30 days before the next Renewal Term | 1.2 Renewal | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Other | reducing license count, quantity or minimum commitment lets OpenAI adjust or remove discounts given on the prior purchase | 1.2 Renewal | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| True-up | added licenses or volumes are charged for the rest of the current Services Term at the customer's then-current price, co-terminous with that termNoteunless the Order Form or a written agreement says otherwise | 1.1 Services Term; 1.3(b) Purchases | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Other | usage-based Services are charged on usage as calculated by OpenAI | 1.5 Usage-based Services | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Other | fees payable in the currency set on the Order Form | 6.1 Fees | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Payment terms | invoices paid on the payment interval and terms set on the Order Form, charged to the payment method on the Account | 6.1 Fees; 6.2 Payment | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Refunds | fees are non-refundable except as required by law or as the agreement specifically permits | 6.1 Fees | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Minimum commitment | a minimum commitment on the Order Form is non-cancellable except as required by law or as the agreement permits | 6.1 Fees | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Suspension | OpenAI may suspend or terminate the Services if fees are past due; may also limit or suspend access when required by law, on a breach of the agreement or policies, or to stop a Security Emergency, with reasonable efforts to notify first | 6.2 Payment; 8.2 Of the Services | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Taxes | fees exclusive of taxes, which OpenAI or the reseller charges as the law requires; paid without deduction or withholding, and any withholding required by law is grossed up so the net equals the invoiceNoteplace of supply is the name and address on the Account | 6.3 Taxes | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Disputes | invoice disputes must reach ar-enterprise@openai.com within 30 days of the invoice date, with all undisputed amounts paid | 6.4 Disputes | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Late payment interest | overdue undisputed amounts may carry a finance charge of 1.5% of the unpaid balance per month | 6.4 Disputes | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Notice of fee changes | price changes on the Pricing Page take effect 14 days after posting; OpenAI may correct pricing errors even after invoicing or paymentNoteapplies to fees not set by an Order Form | 6.6 Corrections | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Termination for breach | either party may terminate on written notice for a material breach not cured within 30 days of written notice | 11.2 Termination | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Other | either party may terminate on written notice if the other ceases business operations or becomes subject to insolvency proceedings | 11.2 Termination | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Other | on termination, except a termination by the customer for cause, any unpaid minimum commitment on the Order Form becomes immediately due | 11.3 Effects of Termination | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Termination for convenience | customer may terminate on 30 days' written notice, given within 5 business days of notice of an update that materially reduces Services functionalityNotedoes not apply to beta or evaluation features | 2.3 Modifications | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Other | customer may terminate the agreement and Order Forms by written notice within 5 business days of a Security Measures update that materially diminishes security | 5.1 Security Measures | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Other | OpenAI provides independent audit reports on written request, no more than once per year, as OpenAI Confidential Information | 5.2 Audit Reports | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Other | Beta Services (alpha, beta, preview, early access, evaluation) are optional, may change without notice and carry no OpenAI liability | 12.3 Beta Services | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Liability cap | each party's total liability capped at the amount the customer paid OpenAI in the 12 months before the event; no indirect, consequential or lost-profit damagesNotecap excludes gross negligence or wilful misconduct, indemnification obligations and customer payment obligations; the indirect-damages exclusion does not cover gross negligence, breach of restrictions, OpenAI's breach of security measures or breach of confidentiality | 14.1; 14.2 Limitation of Liability | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Other | OpenAI indemnifies against third-party claims that the Services infringe IP rights; Service-Specific Terms indemnity is not subject to any liability cap | 13.1 By OpenAI | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Disputes | mandatory final and binding arbitration through NAM by a sole arbitrator, after 60 days of informal resolution; no class actions; jury trial waivedNotesmall-claims and injunctive relief for misuse or IP infringement are excepted | 15 Dispute Resolution | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Governing law | laws of Ireland for customers in the EEA, Switzerland or UK (courts of Dublin); California law for all others (courts of San Francisco County) | 16.3 Governing Law; Definitions | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Other | order of precedence: Order Form, then Service-Specific Terms, then the Agreement, then OpenAI Policies; customer purchase-order terms are void | 16.1 Entire Agreement; 16.2 Conflicting Terms | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Changes to the agreement | OpenAI may update the agreement or policies on reasonable notice, at least 30 days for an update it judges material unless required by law; continued use is acceptanceNoteupdates do not apply to Order Forms signed before OpenAI gave notice, except for Services launched later | 16.13 Updates | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Public-sector carve-out | for U.S. federal Government Entities the Services are commercial computer software and commercial services, with the rights given to all customers except where law prohibits | 16.14 Government Entity Rights | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
| Other | contracting party is OpenAI OpCo, LLC outside the EEA and Switzerland, OpenAI Ireland Ltd. inside them, or OpenAI Public Sector, LLC when named on the Order Form | Definitions: OpenAI Contracting Party | OpenAI Services Agreement (updated 2025-12-01, effective 2026-01-01) | source [4] |
About
OpenAI is an artificial intelligence company based in the United States, founded in December 2015.[1] It sells access to its models to developers through the OpenAI API, billed by usage per million tokens,[2] and sells ChatGPT, which includes its Codex coding agent, as free, individual, business and enterprise plans.[3] Business and developer customers of the API and ChatGPT Business and Enterprise buy under the OpenAI Services Agreement, last updated in December 2025.[4]
Sources
- Wikidata: entity Reference database.
- [1] Captured 26 Sep 2026.
- Pricing | OpenAI API Vendor page.
- [2] Captured 27 Sep 2026.
- Codex pricing (ChatGPT plans) Vendor page.
- [3] Captured 27 Sep 2026.
- OpenAI Services Agreement | OpenAI Published agreement.
- [4] Captured 17 Oct 2026.