App Developer Terms

These App Developer Terms only apply to the development and operation of custom apps, connectors, and actions, and do not apply to other OpenAI services. 

These App Developer Terms ("Terms") govern your development, publication, listing, and operation of custom apps, connectors, and actions (together, “Apps”) that can connect to your API or to another service that exposes an API, including via an MCP server (“API”) and enable third-party experiences on our services (“Services”) for users. “Apps” include apps built using the Apps SDK, custom connectors created in ChatGPT developer mode, and custom GPT actions that use API integrations, together with any associated end user terms or documentation you provide.

These Terms form an agreement between you and OpenAI, LLC (“OpenAI”). If you reside within the European Economic Area or Switzerland, your agreement is with OpenAI Ireland Ltd. 

By creating an App or by explicitly agreeing to these Terms, you agree to be bound by these Terms. If you create an App on behalf of another person or entity, you agree to these Terms on their behalf and represent that you have the authority to do so. These Terms include and incorporate by reference our Usage Policies⁠⁠⁠ (“Usage Policies”) and other documentation, guidelines, or policies we may provide in writing or on our website, as well as the Submission Guidelines⁠(opens in a new window) (the “Submission Guidelines”) for apps published for use by others in ChatGPT (collectively, the “Policies”). 

1.1 Access. We may: (a) access and use your API to enable your App within the Services; and (b) allow end users of the Services (“Users”) and our employees and contractors to access and use your App to retrieve information or take action on your website or application through the Services.

1.2 App Requests. The Services may send a request to your API (“App Request”) on behalf of a User. You may only collect, use, store, transmit, and process App Requests: (a) in accordance with applicable laws; and (b) as necessary to respond to or follow the instructions of the App Requests or to comply with applicable law. We are not responsible for content or information from any App Requests sent to your API.

1.3 App Responses. When your API receives an App Request, it may send information or content back to the Services (“App Response”). You grant a worldwide, nonexclusive, royalty-free license: (a) to OpenAI to use, store, copy, translate, display, modify, and distribute the App Responses; and (b) if you publish or share your App as described in Section 7, to Users of your App to use, store, copy, display, distribute, prepare derivative works of, and otherwise use your App Responses. OpenAI’s use of App Requests and App Responses contained in a User’s conversations and interactions with the Services will be governed by the terms between OpenAI and that User or that User’s workspace, which may include use of such content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. Upon termination of the Terms, or if you remove an App from the Services, we may continue to use prior App Responses in accordance with our terms with our Users. 

1.4 Representations and Warranties. You represent and warrant that: (a) your App, App Responses, and API comply with all applicable laws and the Terms and Policies; and (b) you have obtained and will maintain all rights, licenses, and consents, and will provide all notices and disclosures, necessary for us to provide your App Responses and to otherwise provide access to your App through the Services.

1.5 Reviews. While we are not obligated to monitor Apps or their content, we may at any time: (a) review or test an App to ensure quality and compliance with these Terms, the Usage Policies, and the Submission Guidelines (if applicable); or (b) remove or refuse to display any App Responses or other content that violates these Terms or the Policies. We may refuse to make Apps available through the Services and may remove any App from the Services at any time for any reason.

1.6 Restrictions. Your API, App, and App Responses must not: (a) pose a security vulnerability or threat to Users, us, or any third party; (b) interact with Users in a manner that is deceptive, false, misleading, or harassing; (c) violate the Policies; (d) include any malware, viruses, surveillance, or other malicious programs or code; (e) interfere with, damage, or access in any unauthorized manner any OpenAI software, technology or services, or those of any third party; (f) use App Requests to develop models that compete with OpenAI; (g) send us any personal information of children under 13 or the applicable age of digital consent; or (h) initiate, execute, or otherwise facilitate money transfers, cryptocurrency transfers, or other financial or investment transactions through the Services. 

1.7 Feedback. If you provide feedback or suggestions about Apps SDK, Apps, or the Services, we may freely use that feedback without any obligation to you.

2.1 Developer Security Measures. You are responsible for the privacy, security, and integrity of your API and any App Requests that you receive. You will maintain at least reasonable and appropriate organizational, administrative, physical, and technical security measures to keep your API and App Requests secure. If you discover vulnerabilities or breaches related to your API or an App Request, you must promptly contact us and provide details of the vulnerability or breach.

2.2 OpenAI Security Measures. We will maintain reasonable and appropriate organizational, administrative, physical, and technical security measures designed to keep the Services secure. 

2.3 Privacy. To the extent your app processes personal data or users are required to authenticate to your website or application, you will only process personal data (i) in accordance with applicable privacy laws, (ii) as authorized by the User and (iii) in accordance with a legally adequate privacy notice that is presented to the User prior to processing their data. You may not collect personal data beyond what is reasonably necessary for the disclosed purposes. Both parties will be separate and independent controllers or processors of personal data with respect to their end users or customers as set forth in each party’s respective current terms with such end users or customers. The parties agree that neither party is processing personal data on behalf of the other or acting as a service provider of the other.

2.4 Sensitive Personal Data. You agree that your App 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.

3.1 Brand Guidelines. We may make available to you, for your usage in connection with the promotion of your Apps, 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”).

3.2 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 Apps 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. 

4.1 OpenAI License. Subject to Section 3 and the Brand Guidelines, we grant you a term-limited, non-exclusive, non-transferable, non-sublicensable (except as provided in Section 11.4) license to use the OpenAI Assets solely to promote your Apps. All goodwill derived from your use of OpenAI Assets will inure to OpenAI’s sole benefit. You may not otherwise use OpenAI Assets without our prior written consent.

4.2 Developer License. You grant us a non-exclusive, non-transferable, non-sublicensable (except as provided in Section 11.4) license to use the names, logos, product names, service names, and other brand identifiers that you provide us to promote your App (the “App Assets”) to display your Apps in the Services and to promote your Apps. All goodwill derived from our use of App Assets will inure to your sole benefit. We may not otherwise use the App Assets without your prior written consent. 

4.3 Representation. Each party represents and warrants they have the necessary rights to grant the licenses and consents in this Section.

5.1 Term. These Terms are effective on the earlier of: (a) your explicit agreement to the Terms; or (b) when you first create your App. These Terms will remain in effect until terminated.

5.2 Termination. Either party can terminate these Terms by: (a) removing Apps from the Services; or (b) by providing at least 30 days’ prior notice. You may also terminate immediately by written notice if you determine that our use of your Apps exposes you or others to risk of liability or harm. We may suspend or terminate immediately if: (x) you materially breach the Terms; (y) we determine an App exposes us or others to risk of liability or harm; or (z) to comply with law or government requests. 

5.3 Survival. The sections of these Terms which by their nature should survive termination or expiration should survive, including Sections 1.2, 1.3, 1.4, 1.7, and 5-10. 

6.1 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 App, including App Responses, your API, and your website or application that are connected to the Apps, and (b) your violation of these Terms or applicable law.

6.2 Disclaimer. THE APP FEATURE, APPS SDK, AND RELATED DOCUMENTATION AND DEVELOPER TOOLS (“APP FEATURE”) ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE APP FEATURE, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE APP FEATURE WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT OR INFORMATION WILL BE SECURE OR NOT LOST OR ALTERED.

6.3 Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7.1 Submission Requirements. By submitting an App to be published, shareable, or otherwise made available to ChatGPT Users, including through our public directory of apps (the “App Directory”), other public or searchable listings, URL links, or other sharing mechanisms (a “Published App”), you represent and warrant that your App complies with these Terms, the Policies, and applicable law. You agree not to misrepresent, hide, or obscure your App’s functionality or content during the submission process. You are responsible for ensuring that all information you publish or provide to us in connection with your App is accurate and up to date.

7.2 Developer Responsibility. You are solely responsible for your App, including its functionality, compliance with law, user support, updates, and any documentation or warranties you provide to Users. You may change or remove the public availability of your App at any time.

7.3 Relationship of the Parties. When you develop or operate a Published App, you do so as an independent developer using OpenAI’s Services as a platform, and not as an OpenAI customer.

7.4 Discoverability. We do not guarantee any particular placement, visibility, ranking, or level of promotion for your App, including in the App Directory, other public listings, and in conversational suggestions by ChatGPT.

7.5 Removal. You acknowledge that we have no obligation to publish your App, make your App available to Users, or include your App in the App Directory or other public listings. We may reject or remove an App at any time and for any reason, including if we determine it violates our Policies or exposes us or others to harm.

7.6 Appeals. You may appeal a removal or other enforcement action on your App by following the appeals process described here⁠.  

7.7 External Checkout. You may choose to direct or link Users to an external website that you own or maintain responsibility for in order to complete a payment transaction (“External Checkout”), subject to compliance with our Policies (including the Usage Policies and Submission Guidelines) and all applicable laws. Your App may not enable, allow, or facilitate purchases of digital currencies, gift cards, or any other goods or services that are prohibited under the Policies. You are solely responsible for transactions initiated by Users through External Checkout and for complying with all applicable anti-money laundering, export controls, and sanctions laws and regulations (“AML and International Trade Laws”), and you will not engage in any activity that would cause us to violate such laws. Any third-party payment service providers you use in connection with External Checkout are engaged solely by you, under their own terms, and we are not responsible for payments processed through those providers.

7.8 Fees. In connection with verification, compliance, or other administrative processes related to submitting or publishing an App, you may incur minor charges. We reserve the right to require fees or other charges for App submission, publication, or related features in the future, and will provide reasonable advance notice if we do so.

8.1 If you believe that your intellectual property rights have been infringed, please send notice to the address below or fill out this form⁠. We may delete or disable content that we believe violates these Terms or is alleged to be infringing, and will terminate accounts of repeat infringers where appropriate.

Copyright Agent
OpenAI, LLC, Legal Department
1455 3rd Street
San Francisco, CA 94158

8.2 Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed upon
• A description of where the allegedly infringing material is located on our site so we can find it
• Your address, telephone number, and e-mail address
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

YOU AND OPENAI AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

9.1 MANDATORY ARBITRATION. You and OpenAI agree to resolve any claims arising out of or relating to these Terms or an App, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by filling out this form⁠. If you opt out of an update, the last set of agreed upon arbitration terms will apply.

9.2 Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice through this form⁠. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

9.3 Arbitration Forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here⁠⁠(opens in a new window)). OpenAI will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.

9.4 Arbitration Procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of San Francisco, California have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

9.5 Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

9.6 CLASS AND JURY TRIAL WAIVERS. You and OpenAI agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and OpenAI knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim. 

9.7 Batch Arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and OpenAI agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.  

9.8 Severability.  If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

10.1 Modifications. We may update these 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. Material changes will be effective 15 days after we post them or otherwise notify you of them (except changes required by law which will be effective immediately). Any other changes to these Terms will be effective upon posting. Your continued availability of your App will constitute acceptance of the updated terms.

10.2 Notices. All notices will be in writing. We may notify you using any registration information you provide to us. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. Except as provided in Sections 8 and 9, notices to OpenAI must be sent to OpenAI Legal via email at contract-notices@openai.com, with a copy to: (a) if OpenAI, L.L.C., 1455 3rd Street, San Francisco, California 94158; or (b) if OpenAI Ireland Ltd, 1st Floor, The Liffey Trust Centre, 117-126 Sheriff Street Upper, Dublin 1, D01 YC43, Ireland.

10.3 Trade Controls. You are solely responsible for ensuring that your App complies with applicable AML and International Trade Laws. You will not make available any App or provide any App Responses that are or include material or information that requires a government license for release or export. You represent and warrant that you and your Apps are not (a) located in, under the control of, or a national or resident of any country embargoed by the U.S. government, or (b) identified on any list of sanctioned or restricted parties promulgated by the U.S. Office of Foreign Assets Control, the U.S. Bureau of Industry and Security, or any comparable list promulgated by other applicable government authorities.

10.4 Miscellaneous. These Terms are the parties’ entire agreement on this topic. Amendments to these Terms must be in writing. Failure to enforce any provisions of these Terms will not constitute a waiver. If a provision is found unenforceable, it will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable; the remaining provisions will remain in full effect. OpenAI and you are not legal partners, and our relationship is that of independent contractors. These Terms are not assignable or transferable (including by change of control) by you without our prior written consent. Each party may use subcontractors to exercise its rights and perform its obligations hereunder, as long as the subcontracting party is responsible for ensuring that its subcontractors comply with these Terms and will be liable for any noncompliance. These Terms are governed by the laws of the State of California, excluding its body of law controlling conflicts of law. Except as provided in Section 9, disputes arising out of these Terms or relating to Apps will be submitted to the federal and state courts in San Francisco, California, and each party submits to personal and exclusive jurisdiction there.