ChatGPT Sites Terms

These ChatGPT Sites Terms (the “ChatGPT Sites Terms”) apply to your use of our Services to create, publish, and maintain websites or web applications (“ChatGPT Sites”), and form an agreement between you and OpenAI OpCo, LLC (“OpenAI”). If you are located within the European Economic Area or Switzerland, your agreement is with OpenAI Ireland Ltd. By creating a ChatGPT Site, you agree to these ChatGPT Sites Terms. 

These ChatGPT Sites Terms supplement and apply in addition to the Terms of Use or the OpenAI Services Agreement⁠ or other agreement you have with us governing your use of the Services, Usage Policies, Service Terms, and applicable OpenAI documentation and policies we make available to you (all together, the “Agreement”). Capitalized terms not defined here will have the meanings in the Terms of Use or the OpenAI Services Agreement. If there is a conflict, these ChatGPT Sites Terms control only with respect to ChatGPT Sites.

• 1.1 Ownership. You may provide, upload, enable, display, or otherwise include content or information on your ChatGPT Site (for example, text, images, audio, code, and other materials) (“Website Content”). This Website Content includes content and information, including any personal information, provided by users or visitors of your ChatGPT Site (“End Users”). As between you and OpenAI, and to the extent permitted by applicable law, Website Content is your Content. You retain any ownership rights you have in Website Content.
• 1.2. Our Use. By creating or publishing a ChatGPT Site, you grant OpenAI (including our third-party hosting providers acting on our behalf) a non-exclusive, worldwide, irrevocable, royalty-free license to host, store, use, reproduce, modify, translate, display, perform, distribute, and otherwise make your Website Content available, solely to the extent necessary to provide and operate ChatGPT Sites in accordance with the sharing and publication settings you select.
• 1.3 Attribution. We may display attribution text or links in your website footer or toolbar, such as noting that your website is powered by ChatGPT.

• 2.1 Eligibility. You may only use ChatGPT Sites if you are at least 13 years old, or 16 years old if you are in the European Union, and have the legal capacity to enter into these terms under the laws of your jurisdiction. If you create a ChatGPT Site or use the Services on behalf of another person or entity, you must have the authority to accept these terms on their behalf.
• 2.2 Your ChatGPT Site and Content. As between you and OpenAI, you understand and agree that you are solely responsible for your ChatGPT Site and your Website Content, including for your End Users and any content they submit or make available through your ChatGPT Site. This responsibility extends to your ChatGPT Site’s functionality, implementations of login or authentication features such as “Sign in with ChatGPT,” compliance with applicable laws, and any support or commitments you provide to End Users of your ChatGPT Site. Please note that our operation of this service does not mean that we review, endorse, or approve ChatGPT Sites created or published by you or other users. We are not the publisher of Website Content provided by you or your End Users, and we are not responsible or liable for that content or for whether it is accurate, useful, or non-harmful.
• 2.3 Representations and Warranties. You represent and warrant that your ChatGPT Site and Website Content comply with the Agreement, our Usage Policies, and any laws and regulations applicable to your ChatGPT Site. You further represent and warrant that you own all rights to your Website Content, or otherwise have and will maintain all rights, licenses, and permissions necessary for us to use and display your Website Content as described in the Agreement. 
• 2.4 Indemnity. You agree to defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any third-party claims, losses, and expenses (including attorneys’ fees) arising from or relating to (a) your ChatGPT Site, including Website Content and claims by or against End Users of your ChatGPT Site, (b) your violation of the Agreement.
• 2.5 Restrictions. Your ChatGPT Site and Website Content must not: (a) violate the Usage Policies, (b) pose a security vulnerability or threat to your End Users, us, or any third party; (c) include any malware, viruses, surveillance, or other malicious programs or code; (d) target or be designed for children under 13 or the applicable age of digital consent; (e) initiate, execute, or otherwise facilitate money transfers, cryptocurrency transfers, or other financial or investment transactions; (f) be used to interact with End Users or others in a manner that is deceptive, false, misleading, or harassing; or (g) be used for fraudulent, illegal, or abusive purposes. 
• 2.6 Subdomains. If you publish a ChatGPT Site, we may provide you with an OpenAI-owned subdomain such as one that ends in “chatgpt.site.” You must not engage in “domain squatting,” claim an unreasonable number of subdomains, or attempt to resell subdomains.

• 3.1 Use of ChatGPT. Depending on your prompts, OpenAI may process personal data about you or third parties when you use ChatGPT to create or edit a ChatGPT Site, such as if that personal data is included in your prompts, files, or other Input you provide in your conversations with ChatGPT. If you are using ChatGPT Plus, Pro, or other services for individuals, you can read our Privacy Policy⁠ for information about how we process personal data when you use the Services. If you are using ChatGPT Enterprise, Business, or other services for businesses and developers, you can review your Data Processing Addendum between your organization and OpenAI for information about how OpenAI processes personal data on your behalf to provide the Services.
• 3.2 Website Hosting. Once you have published your ChatGPT Site, OpenAI will host your ChatGPT Site on your behalf. By maintaining a ChatGPT Site, you are instructing OpenAI to process Hosted Data for the purposes of hosting, maintaining, and supporting your ChatGPT Site. OpenAI will process Hosted Data in accordance with this Data Processing Addendum, or the existing Data Processing Addendum between your organization and OpenAI.
  • 3.2.1 Your Responsibility for Hosted Data. For clarity, you are the data controller of any personal data which is collected by your ChatGPT Site (“Hosted Data”). This will be the case if your published ChatGPT Site collects personal data by allowing your End Users to post or upload content, by enabling login or authentication features like “Sign in with ChatGPT,” or by using cookies or similar technologies. If your ChatGPT Site collects personal data from End Users, you understand and agree that you are responsible for complying with all applicable privacy and data protection laws in relation to these End Users, such as the EU General Data Protection Regulation. In particular, you represent and warrant that you will provide the following to your End Users: (a) all required transparency, disclosures, and other information regarding your use of Hosted Data; (b) appropriate controls, including to agree to or revoke permissions for your collection and use of Hosted Data; and (c) any other necessary agreements or consents related to handling Hosted Data. If required by applicable law, you must provide a legally compliant privacy policy to your End Users and make it available on your ChatGPT Site. 
  • 3.2.2 Cookies and Similar Technologies. If your ChatGPT Site uses cookies or similar technologies to store information on an End User’s device, you must comply with the applicable privacy laws, including those laws requiring End User consent. 
  • 3.2.3 Resources. You may want to visit the website of your local data protection authority to understand more about your responsibilities as a data controller, and when you need to obtain consent to use cookies or similar technologies.
• 3.3 Sensitive Personal Data. You agree that your ChatGPT Site will not create, receive, maintain, transmit, or otherwise process: (a) Protected Health Information as defined under the HIPAA Privacy Rule (45 C.F.R. Section 160.103), or (b) payment card data or other information regulated under the PCI DSS. To the extent you process other sensitive personal data as defined by applicable privacy laws, such as the California Consumer Privacy Act of 2018 or the EU General Data Protection Regulation, you must ensure that your processing of the data is compliant with those laws, which may include obtaining explicit consent (or other form of consent) for such processing and providing a higher level of transparency for End Users.

• 4.1 User License. By choosing to make a ChatGPT Site publicly available, you grant us a non-exclusive, non-transferable, non-sublicensable license to use the names, logos, product names, service names, and other brand identifiers included in the Website Content of that site (the “Website Assets”) for the limited purpose of promoting or featuring your website. All goodwill derived from our use of Website Assets will inure to your sole benefit. Except as described in this Agreement, we may not otherwise use the Website Assets without your prior written consent. You represent and warrant you have the necessary rights to grant the licenses and consents in this Section.
• 4.2 OpenAI Brand Guidelines. We may make available to you, for your usage in connection with the promotion of your ChatGPT Site, certain names, logos, product names, service names, or other brand identifiers owned or used by us to identify the Services (the “OpenAI Assets”). Your usage of the OpenAI Assets is subject in all events to the OpenAI branding guidelines found at https://openai.com/brand⁠⁠⁠ and any other marketing guidelines we make available (the “Brand Guidelines”).
• 4.3 No Implied Endorsement. You may not make, publish, or permit any statement or design choice that could reasonably lead a third party to believe that your ChatGPT Site is created, supported, certified, or endorsed by OpenAI, or that you are partnering or working with OpenAI on a joint product, feature, or business initiative, unless we have otherwise agreed in writing to such a statement or design choice.

• 5.1 Modifications. We may update these ChatGPT Sites Terms from time to time. We will give you notice of the changes by posting an updated version of these terms online or by emailing you at an email address you have provided. Your continued use of your ChatGPT Site will constitute acceptance of the updated terms.
• 5.2 Removal. You may choose to remove or unpublish your ChatGPT Site at any time. We reserve the right to delete, remove, unpublish, or otherwise disable your ChatGPT Site, at any time for any reason, including if we determine it violates this Agreement or exposes us or others to harm.
• 5.3 Beta Service. ChatGPT Sites is a Beta Service as described in the Service Terms.