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The published contract terms of cloud infrastructure and AI model providers, archived twice daily and laid out side by side. Every value links to the source document.

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OpenAI API / GPT

Published terms, citations, and change history.

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⚠ Some documents for this entry are archived via the Internet Archive (the provider blocks automated retrieval) and the most recent capture is over 7 days old, so it may lag the live page.

Documents archived

Extracted terms

General contract terms

Capacity & reservation terms ✓ Quote verified against source

Minimum commitments via Order Form; dedicated capacity negotiated, not published

“the minimum commitment amount is non-cancellable except as required by law”
Source: OpenAI Business Terms · fetched 2026-08-16

Data use & AI training ✓ Quote verified against source

Business/API default: does not train on customer content unless customer explicitly agrees (opt-in); ZDR available

“OpenAI will not use Customer Content to develop or improve the Services, unless Customer…”
Source: OpenAI Business Terms · fetched 2026-08-16

Suspension rights ✓ Quote verified against source

Suspend for legal requirement, Agreement/Policy violation, or Security Emergency; notice generally, but may be immediate

“OpenAI will use reasonable efforts to notify Customer before limiting to or suspending the…”
Source: OpenAI Business Terms · fetched 2026-08-16

Termination ✓ Quote verified against source

Termination for cause (30-day cure) or insolvency; no general convenience right; data deleted within 30 days post-termination

“OpenAI will delete all Customer Content from its systems within thirty days”
Source: OpenAI Business Terms · fetched 2026-08-16

Unilateral modification ✓ Quote verified against source

May update by posting; at least 30 days notice if material impact (except legal-compliance updates)

“OpenAI will provide Customer at least thirty days notice before the update is effective”
Source: OpenAI Business Terms · fetched 2026-08-16

Governing law & disputes ✓ Quote verified against source

California (Ireland for EEA/CH/UK); binding arbitration via NAM in San Francisco; class-action waiver yes

“resolve any Disputes ... through final and binding arbitration”
Source: OpenAI Business Terms · fetched 2026-08-16

Liability caps & carveouts ✓ Quote verified against source

Cap: fees paid in prior 12 months; carveouts for gross negligence/willful misconduct, indemnity, payment; indirect damages waived

“WILL NOT EXCEED THE TOTAL AMOUNT CUSTOMER PAID TO OPENAI DURING THE TWELVE MONTHS”
Source: OpenAI Business Terms · fetched 2026-08-16

Output IP indemnification ✓ Quote verified against source

Yes, for API and Enterprise customers; not subject to liability cap; conditioned on using safety features and rightful inputs

“is not subject to any liability cap”
Source: OpenAI Business Terms · fetched 2026-08-16

Model deprecation & version pinning ✓ Quote verified against source

Documented policy: GA models >=6 months notice, specialized variants >=3 months, preview ~2 weeks; dedicated capacity may extend access

“Generally available models: At least 6 months.”
Source: OpenAI deprecations · fetched 2026-08-12

Benchmarking & eval restrictions Quote not verified against source

Silent (no explicit benchmarking/eval publication restriction found)

“not specified”

No-compete-training clauses ✓ Quote verified against source

competing-models-only; Permitted Exception for non-distributed classifiers and OpenAI fine-tuning

“use Output to develop artificial intelligence models that compete with OpenAI's products”
Source: OpenAI Business Terms · fetched 2026-08-16

Capacity delivery remedies Quote not verified against source

Silent (no committed-capacity delivery commitment or remedy published)

“not specified”

Assignment & financing clauses ✓ Quote verified against source

Assignment to affiliate without consent, or to successor with 30 days notice; no financing/lender step-in language

“OpenAI may assign this Agreement to an Affiliate without notice or Customer consent”
Source: OpenAI Business Terms · fetched 2026-08-16

Service level (SLA) terms

Availability definition ✓ Quote verified against source

no SLA / uptime not committed

“OPENAI MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES WILL MEET”
Source: OpenAI Business Terms · fetched 2026-08-16

Credit regime No provision found

Reviewed OpenAI Service Terms and 6 other governing documents: language touches this area but sets no clear term.

“not specified”

Claim mechanics Quote not verified against source

not specified (SLA); invoice disputes must be raised within 30 days

“contact ar-enterprise@openai.com within thirty days”
Source: OpenAI Business Terms · fetched 2026-08-16

SLA exclusions ✓ Quote verified against source

No SLA; force majeure clause present excluding liability for events beyond control

“failures or delays resulting from conditions beyond Customer's or OpenAI's reasonable control”
Source: OpenAI Business Terms · fetched 2026-08-16

Data protection & privacy

International data transfer mechanism ✓ Quote verified against source

SCCs for EEA/Swiss transfers and among affiliates; UK Addendum; adequacy decisions referenced

“agreements containing SCCs that ensure appropriate safeguards”
Source: OpenAI Data Processing Addendum · fetched 2026-07-18

Data residency commitments ✓ Quote verified against source

No general regional-processing commitment; global processing via subprocessors; ZDR option affects retention only

“OpenAI may Process Customer Data on behalf of Customer”
Source: OpenAI Data Processing Addendum · fetched 2026-07-18

Sub-processor transparency ✓ Quote verified against source

Published list; notice of changes via blog/service/email; 30-day objection right

“Customer may object to the use of such additional Sub-processor within 30 days”
Source: OpenAI Data Processing Addendum · fetched 2026-07-18

Government access commitments ✓ Quote verified against source

Will inform customer of law-enforcement disclosure requests to the extent legally permitted; no challenge commitment or transparency report referenced here

“inform Customer if OpenAI receives a legally binding request for disclosure”
Source: OpenAI Data Processing Addendum · fetched 2026-07-18

Retention & human review of content ✓ Quote verified against source

Humans/subprocessors may review flagged content for moderation; samples retained for review period

“OpenAI may share samples of the flagged Customer Content with relevant Sub-processors”
Source: OpenAI Sub-processor List · fetched 2026-08-14

Accountability & transparency

Prohibited high-risk uses ✓ Quote verified against source

Prohibits weapons/CBRNE, facial recognition databases without consent, real-time remote biometric ID, social scoring, criminal-risk prediction by profiling

“real-time remote biometric identification in public spaces”
archived capture · 2026-07-25 stale · capture >7 days old
This source blocks automated retrieval, so the observatory relies on Internet Archive captures. The text is evidence of what the document said on that date, not necessarily what it says today.
Source: OpenAI Usage Policies

Model documentation commitments ✓ Quote verified against source

States it publishes what systems can and can't do (system cards referenced informally); not contractually incorporated

“We publish what our systems can and can't do”
Source: OpenAI usage policies & system cards · fetched 2026-07-25

Training data provenance statements Quote not verified against source

Silent (no training-data source statements in these documents)

“not specified”

Appeal & redress mechanisms Quote not verified against source

Appeal path for policy enforcement mistakes referenced; no timelines stated

“You can appeal if you think we have made a mistake enforcing policy”
archived capture · 2026-07-25 stale · capture >7 days old
This source blocks automated retrieval, so the observatory relies on Internet Archive captures. The text is evidence of what the document said on that date, not necessarily what it says today.
Source: OpenAI Usage Policies

EU AI Act role allocation ✓ Quote verified against source

Not specified as AI Act roles; DPA allocates GDPR roles (OpenAI processor, customer controller)

“OpenAI acts as a Data Processor on the Customer's behalf”
Source: OpenAI Data Processing Addendum · fetched 2026-07-18

Change history

OpenAI API / GPT: OpenAI deprecations deprecation 2026-08-05

The document updates the model deprecation table, replacing legacy model version identifiers (e.g., gpt-5.4-mini, gpt-5.5, gpt-5.4-nano) with newer successor models (gpt-5.6-terra, gpt-5.6-sol, gpt-5.6-luna) as recommended replacements, and removes an entry for gpt-4o-mini-tts deprecation dates and versions.

Model deprecation & version pinning

AI-generated description; verify against the source before relying on it.

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Preview of changes
gpt-5.4-mini gpt-5.6-terra gpt-5.5 gpt-5.6-sol gpt-5.4-nano gpt-5.6-luna gpt-5.4-mini gpt-5.6-terra gpt-5.4-mini gpt-5.6-terra

View prior version · View current version · Internet Archive, before

OpenAI API / GPT: OpenAI deprecations deprecation 2026-07-31

The deprecations page was updated to add new deprecation notices (e.g., codex-mini-latest snapshot deprecation announced November 17, 2025 with removal February 12, 2026, and chatgpt-4o-latest snapshot removal moved to February 17, 2026 with gpt-5.1-chat-latest as replacement), and to move several previously upcoming shutdowns (legacy GPT model snapshots, gpt-3.5-turbo-instruct/babbage-002/davinci-002/gpt-3.5-turbo-1106, and the Assistants API deprecation) into completed/past status with updated shutdown dates such as March 26, 2026. Some entries and their recommended replacement models were removed or reorganized as they transitioned from upcoming to past deprecations.

Model deprecation & version pinning

AI-generated description; verify against the source before relying on it.

sourceCompare full documents side by side
Preview of changes
October 23, 2026 gpt-3.5-turbo-0125 | gpt-3.5-turbo , gpt-3.5-turbo-completions gpt-5.6-terra October 23, 2026 gpt-4-0613 | gpt-4 , gpt-4-0613-completions , gpt-4-completions gpt-5.6-sol October 23, 2026 gpt-4-1106-preview gpt-5.6-sol October 23, 2026 gpt-4-turbo |… 2026-10-23 gpt-3.5-turbo-0125 | gpt-3.5-turbo , gpt-3.5-turbo-completions gpt-5.6-terra 2026-10-23 gpt-4-0613 | gpt-4 , gpt-4-0613-completions , gpt-4-completions gpt-5.6-sol 2026-10-23 gpt-4-1106-preview gpt-5.6-sol 2026-10-23 gpt-4-turbo | gpt-4-turbo-2024-04-09 , gpt-4-turbo-completions gpt-5.6-sol 2026-10-23 gpt-4.1-nano | gpt-4.1-nano-2025-04-14… 2025-11-18: chatgpt-4o-latest snapshot On November 18th, 2025, we notified developers using chatgpt-4o-latest model snapshot of its… 2026-09-24 Videos API --- 2026-09-24 sora-2 --- 2026-09-24 sora-2-pro --- 2026-09-24 sora-2-2025-10-06 --- 2026-09-24 sora-2-2025-12-08 ---… 2026-02-17 chatgpt-4o-latest gpt-5.1-chat-latest 2025-11-17: codex-mini-latest model snapshot On November 17th, 2025, we notified developers using codex-mini-latest… 2025-09-26: Legacy GPT model snapshots To improve reliability and make it easier for developers to choose the right models, we are… 2025-09-26: Legacy GPT model snapshots (March 2026 shutdown) To improve reliability and make it easier for developers to choose the right models,… 2026-09-28 gpt-3.5-turbo-instruct gpt-5.4-mini or gpt-5-mini 2026-09-28 babbage-002 gpt-5.4-mini or gpt-5-mini 2026-09-28 davinci-002 gpt-5.4-mini or gpt-5-mini 2026-09-28 gpt-3.5-turbo-1106 gpt-5.4-mini or gpt-5-mini

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OpenAI API / GPT: OpenAI deprecations deprecation 2026-07-23

The document updates the model deprecation and replacement mapping, redirecting older models (gpt-5.5, gpt-5.5-pro, gpt-5.4-mini, gpt-5.4-nano) to new successor models (gpt-5.6-sol, gpt-5.6-terra, gpt-5.6-luna), and reformats deprecation dates from ISO format to a written month/day/year format.

Model deprecation & version pinning

AI-generated description; verify against the source before relying on it.

sourceCompare full documents side by side
Preview of changes
gpt-5.5 gpt-5.6-sol gpt-5.4-mini gpt-5.6-terra gpt-5.4-nano gpt-5.6-luna gpt-5.5-pro gpt-5.6-sol ( reasoning.mode: pro ) gpt-5.5 gpt-5.6-sol

View prior version · View current version · Internet Archive, after

OpenAI API / GPT: OpenAI deprecations deprecation 2026-07-21

Added a new deprecation notice announcing that legacy audio, realtime, and transcription model families and snapshots will be removed from the API on January 20, 2027, with a table listing shutdown dates, affected models, and recommended replacements.

Model deprecation & version pinning

AI-generated description; verify against the source before relying on it.

sourceCompare full documents side by side
Preview of changes
2026-07-20: Legacy audio, realtime, and transcription models On July 20, 2026, we notified developers using legacy audio, realtime, and transcription model families and snapshots of their deprecation and removal from…

View prior version · View current version · Internet Archive, after

OpenAI API / GPT: OpenAI Business Terms service_terms 2026-07-18

The document was renamed from "OpenAI Business Terms" to the "OpenAI Services Agreement," with an updated effective date and a substantially restructured/expanded definitions section (including new terms like Dispute, Discloser, Recipient, Governing Laws, IP Rights, Initial Term, Renewal Term, Protected Health Information). The scope clause was revised to clarify which OpenAI products (APIs, ChatGPT Enterprise, ChatGPT Business, ChatGPT for Clinicians) are covered, and provisioning/purchasing mechanics for Authorized Purchasers were added. Governing law language was moved into a new defined "Governing Laws" term tied to Customer location, replacing the prior fixed jurisdiction/choice-of-law clause.

Governing law & disputesTerminationUnilateral modification

AI-generated description; verify against the source before relying on it.

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Preview of changes
Updated: November 14, 2023 Business terms View upcoming services agreement Updated: December 1, 2025 OpenAI Services Agreement Download PDF These OpenAI Business Terms govern use of our APIs, ChatGPT Enterprise, ChatGPT Team, and other services… Effective: January 1, 2026 This OpenAI Services Agreement only applies to use of OpenAI’s APIs, ChatGPT Enterprise,… Thank you for choosing OpenAI! These Business Terms are an agreement between OpenAI, L.L.C.… a. Provisioning .… ”) and to make Customer Applications available to End Users (as defined below).… ” means Customer’s applications, products, or services that integrate with an OpenAI API.… ”) who is provisioned with an account under your account (an “ ” means any party: (a) who accesses the Services under Customer’s Account; or (b) who uses Customer Applications.…

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Extracted 2026-08-16 02:30 UTC with claude-opus-4-8.