Records / Laws and rulings

OpenAI Services Agreement (business and API): Output may not be used to develop competing AI models, outside narrow exceptions (OpenAI Services Agreement (effective 1 January 2026), section 3.3(e) (Restrictions) and the definition of Permitted Exception)

A company on OpenAI's business terms (API, ChatGPT Enterprise) agrees not to use output to build competing AI models. The exceptions are classifiers and embeddings it does not distribute, and fine-tuning on OpenAI's own service, so a licence to a lab that trains general models is not among them.

Dated 30 Oct 2026Source checked 30 Oct 2026Basis: primary text

In the source's own words
“except for a Permitted Exception, use Output to develop artificial intelligence models that compete with OpenAI’s products and services”
OpenAI Services Agreement (business and API): Output may not be used to develop… | AIData.Broker