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 ChatGPT Sites, 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 information or content on your ChatGPT Sites (for example, text, images, audio, code, and other materials) (“Website Content”). This Website Content includes content provided by users or visitors of your ChatGPT Sites (“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 Your ChatGPT Sites and Content. As between you and OpenAI, you understand and agree that you are solely responsible for your ChatGPT Sites and your Website Content, including for your End Users and any content they submit or make available through your ChatGPT Sites. This responsibility extends to your ChatGPT Sites’ functionality, its compliance with applicable laws, and any support or commitments you provide to End Users of your ChatGPT Sites. 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.
• 2.2 Representations and Warranties. You represent and warrant that your ChatGPT Sites and Website Content comply with the Agreement, our Usage Policies, and any laws and regulations applicable to your ChatGPT Sites. 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.
• 2.3 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 Sites, including Website Content and claims by or against End Users of your ChatGPT Sites, (b) your violation of the Agreement.
• 2.4 Restrictions. Your ChatGPT Sites 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; or (e) initiate, execute, or otherwise facilitate money transfers, cryptocurrency transfers, or other financial or investment transactions. 
• 2.5 Subdomains. In the future, if you publish ChatGPT Sites, we may provide you with an OpenAI-owned subdomain such as [website-name].chatgpt.site. You must not engage in “domain squatting,” claim an unreasonable number of subdomains, or attempt to resell subdomains.

• 3.1. End User Data. If your ChatGPT Sites collect or otherwise process personal data from your end users (“End User Data”), you understand and agree that you are solely responsible for complying with all applicable privacy and data protection laws. You must ensure that any processing of personal data is authorized by the End User and in accordance with applicable laws, including by providing any required notices and consents. If required by applicable law, you must provide a legally compliant privacy policy to your End Users and make it available on your ChatGPT Sites. 
  • 3.1.1. For clarity, you are the data controller of End User Data collected through your ChatGPT Site, and by using our services, you are instructing OpenAI to process that information. You are responsible for responding to End Users exercising their rights under applicable law. If OpenAI receives a request from an End User, regulator, or authority relating to your ChatGPT Sites, we may notify you as required by law or as otherwise permitted. If applicable, OpenAI will process End User personal information in accordance with our Data Processing Addendum⁠ or the Data Processing Addendum signed by your organization and OpenAI.
• 3.2 Sensitive Personal Data. You agree that your ChatGPT Sites 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 laws, including the California Consumer Privacy Act of 2018, you must ensure that your processing of the data is within the reasonable expectation of the user of the tool and receive express opt-in consent when required by applicable laws.

• 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 Sites, 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 Sites are 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 Sites will constitute acceptance of the updated terms.
• 5.2 Removal. You may choose to remove or unpublish your ChatGPT Sites at any time. We reserve the right to delete, remove, unpublish, or otherwise disable ChatGPT Sites 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.