by Tdarcos » Mon Apr 28, 2025 6:53 am
I'm not a lawyer, but even I can see that there are no grounds for a lawsuit. First, I'm sure they have a disclaimer of liability. That might not help for copyright infringement claims, but would apply to the users of the service. To claim fraud, you would have to show that they advertised that the product or service would do or provide some specific response or result or had a promise of some kind. Also, virtually all services of this type come with a provision in the contract or terms of service that limit their liability, you give up the right to a trial in court, jury trial, or class action, and consent to dispute resolution through binding arbitration, typically using the American Arbitration Association.
You no longer see it when you connect when log in, but by connecting using Firefox's "porn mode" (private window) I get the not-logged-in mode, which has the following at the bottom of the page:
By messaging ChatGPT, you agree to our
Terms and have read our
Privacy Policy.
The terms of use are here:
https://openai.com/policies/terms-of-use/
In the section "Content" is, in part
Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
Our Services may provide incomplete, incorrect, or offensive Output that does not represent OpenAI’s views.
I'll quote their disclaimer verbatim:
Disclaimer of warranties
OUR SERVICES 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 SERVICES, 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 SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
And I quote their liability limitation, verbatim:
Limitation 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 WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
And, of course, mandatory arbitration:
Dispute resolution
YOU AND OPENAI AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
MANDATORY ARBITRATION. You and OpenAI agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration.
And waiver of class action:
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.
The above would be Exhibit 1 in the defendant's motion for summary dismissal. If you had a lawyer with even minimum competence, would know that any place wanting to stay in business would have terms making services provided, or output generated is:
* Not guaranteed
* Provided "as-is"
* Issued with limitation of warranty
* Provided only with waiver of jury trial
* Provided only with waiver of class action.
A good lawyer, after you paid them a fee to do so, would read the terms as I did and point out trying to sue would be pointless. But feel free to ask a real lawyer their opinion, and I'm virtualy certain they would say the same thing I do.
Sorry if this disappoints you, but a good professional tells their opinion on how things are, not as you would like them to be. I note also, they have a provision in case of bulk arbitration requests, to handle them in batches of up to 50 claims as a single proceeding.
I'm not a lawyer, but even I can see that there are no grounds for a lawsuit. First, I'm sure they have a disclaimer of liability. That might not help for copyright infringement claims, but would apply to the users of the service. To claim fraud, you would have to show that they advertised that the product or service would do or provide some specific response or result or had a promise of some kind. Also, virtually all services of this type come with a provision in the contract or terms of service that limit their liability, you give up the right to a trial in court, jury trial, or class action, and consent to dispute resolution through binding arbitration, typically using the American Arbitration Association.
You no longer see it when you connect when log in, but by connecting using Firefox's "porn mode" (private window) I get the not-logged-in mode, which has the following at the bottom of the page:
By messaging ChatGPT, you agree to our [u]Terms[/u] and have read our [u]Privacy Policy[/u].
The terms of use are here: https://openai.com/policies/terms-of-use/
In the section "Content" is, in part
[quote]Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
Our Services may provide incomplete, incorrect, or offensive Output that does not represent OpenAI’s views.[/quote]
I'll quote their disclaimer verbatim:
[quote]Disclaimer of warranties
OUR SERVICES 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 SERVICES, 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 SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.[/quote]
And I quote their liability limitation, verbatim:
[quote]Limitation 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 WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.[/quote]
And, of course, mandatory arbitration:
[quote]Dispute resolution
YOU AND OPENAI AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
MANDATORY ARBITRATION. You and OpenAI agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration.
[/quote]
And waiver of class action:
[quote]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. [/quote]
The above would be Exhibit 1 in the defendant's motion for summary dismissal. If you had a lawyer with even minimum competence, would know that any place wanting to stay in business would have terms making services provided, or output generated is:
* Not guaranteed
* Provided "as-is"
* Issued with limitation of warranty
* Provided only with waiver of jury trial
* Provided only with waiver of class action.
A good lawyer, after you paid them a fee to do so, would read the terms as I did and point out trying to sue would be pointless. But feel free to ask a real lawyer their opinion, and I'm virtualy certain they would say the same thing I do.
Sorry if this disappoints you, but a good professional tells their opinion on how things are, not as you would like them to be. I note also, they have a provision in case of bulk arbitration requests, to handle them in batches of up to 50 claims as a single proceeding.