OpenAI’s indemnification obligations to API customers under the Agreement include any third party claim that Customer’s use or distribution of Output infringes a third party’s intellectual property right. This indemnity does not apply where: (i) Customer or Customer’s End Users knew or should have known the Output was infringing or likely to infringe, (ii) Customer or Customer’s End Users disabled, ignored, or did not use any relevant citation, filtering or safety features or restrictions provided by OpenAI, (iii) Output was modified, transformed, or used in combination with products or services not provided by or on behalf of OpenAI, (iv) Customer or its End Users did not have the right to use the Input or fine-tuning files to generate the allegedly infringing Output, (v) the claim alleges violation of trademark or related rights based on Customer’s or its End Users’ use of Output in trade or commerce, and (vi) the allegedly infringing Output is from content from a Third Party Offering.
2. Beta Services
This section governs your use of services or features that OpenAI offers on an alpha, preview, early access, or beta basis (“Beta Services”). Beta Services are offered “as-is” to allow testing and evaluation and are excluded from any indemnification obligations OpenAI may have to you.
OpenAI makes no representations or warranties for Beta Services, including any warranty that Beta Services will be generally available, uninterrupted or error-free, or that Content will be secure or not lost or damaged. Except to the extent prohibited by law, OpenAI expressly disclaims all warranties for Beta Services, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
3. ChatGPT Enterprise
(a) Administrators. ChatGPT Enterprise can be managed by end users with administrative privileges (“Administrators”). Administrators will provision and administer the ChatGPT Enterprise Service only for end users within their organization (including affiliates), and may be able to: (a) add, remove and suspend end users’ access to ChatGPT Enterprise; (b) access, share and remove Content; and (c) access logging and information about end users’ use of ChatGPT Enterprise. ChatGPT Enterprise customers are responsible for obtaining and maintaining all necessary consents from end users to take the actions above and to allow OpenAI to deliver the Services.
(b) Output indemnity. OpenAI’s indemnification obligations to ChatGPT Enterprise customers under the Agreement include claims that Customer’s use or distribution of Output infringes a third party’s intellectual property right. This indemnity does not apply where: (i) Customer or Customer’s End Users knew or should have known the Output was infringing or likely to infringe, (ii) Customer or Customer’s End Users disabled, ignored, or did not use any relevant citation, filtering or safety features or restrictions provided by OpenAI, (iii) Output was modified, transformed, or used in combination with products or services not provided by or on behalf of OpenAI, (iv) Customer or its End Users did not have the right to use the Input or fine-tuning files to generate the allegedly infringing Output, (v) the claim alleges violation of trademark or related rights based on Customer’s or its End Users’ use of Output in trade or commerce, and (vi) the allegedly infringing Output is from content from a Third Party Offering.
4. Codex and Code Generation
Users can create and share access to their own customized versions of ChatGPT called “GPTs”.
For Builders of GPTs:
(a) GPT Content. The information that you include with your GPT (for example your GPT name and description) is your Content. As between you and OpenAI, you are solely responsible for Output that is based on the instructions, content, custom actions, and configurations that you use or enable to create your GPT. You must ensure your GPT complies with the Agreement and our Usage Policies.
(b) Actions. If you enable your GPT to interact with an API, website, or service (an “Action”) you own or control, then you must comply with our Plugins and Actions Terms. If you enable your GPT to interact with an Action owned or controlled by a third party, you are responsible for ensuring that any collection, use, or transmission of any information from any user of your GPT to the third party is authorized by the user.
(c) Removal. We may remove or refuse to make any GPT available on our Services at any time without notice to you for (i) legal, fraud and abuse prevention, or security reasons or (ii) if your GPT otherwise violates our Terms.
(d) Use of “GPT”. Subject to our brand guidelines, we grant you a non-exclusive, non-transferable, non-sublicensable license to use the name “GPT” to create your own GPT. You may not imply that we create, support, or endorse your GPT without our prior written consent.
For Users of GPTs:
(a) Third Party GPTs. Except where OpenAI is identified as the builder of a GPT, GPTs are created by other users and they may rely on content or third party applications that are not controlled by OpenAI. Only use GPTs that you know and trust.
(b) Abuse Reporting. You can report GPTs that violate our Usage Policies using our reporting feature within ChatGPT.
(c) Custom Actions. GPTs may allow you to interact with Actions. Those Actions are subject to our terms for Plugins and Actions below.
(d) Changes and Removal. OpenAI and creators of GPTs can remove GPTs at any time without prior notice.
6. Image Capabilities
Our models can accept images as part of Inputs to the Service (“Image Capabilities”).
(a) Not for Medical Advice. Image Capabilities are not designed or intended to be used as a medical device or to perform any medical function and should not be used as a substitute for professional medical advice, diagnosis, or treatment, or judgment.
(b) Images with People. You may not use Image Capabilities to assist in identifying a person or to solicit or infer private or sensitive information about a person.
7. Plugins and Actions
(b) Plugin Operation and Content. When you enable a plugin, the Services will send applicable portions of your Content and certain information such as your country and state (“Plugin Data”) via the plugin to the Application. By enabling the plugin, you authorize and instruct us to send your Plugin Data to the applicable Application, which will be handled in accordance with its terms. We are not responsible for Plugin Data after it has been provided to an Application other than Applications owned by us. The Plugin will retrieve information and content from the Application, which may be included in Output you receive from the Services. This information and content included in the Output is not owned by you or OpenAI, and may be subject to the terms of the Application.
8. Voice Conversations
Voice conversations is a ChatGPT feature that allows you to speak to our models and have them speak back (“ChatGPT Voice Output”). ChatGPT Voice Output is for non-commercial use only and may not be distributed or repackaged as a standalone audio recording or any other sound file. Any rights in Output assigned to you do not include ChatGPT Voice Output.