{"object":"determination","schema_version":"1","vendor":"OpenAI","state":"conditional","sentence":"Contracting entity depends on your region or order form — read the clause.","qualifier":"GLEIF records the entity's own reporting exception for its parent (NO_KNOWN_PERSON, read [2026-09-13]). This agreement covers OpenAI's API, ChatGPT Enterprise and ChatGPT Business for businesses and developers. It does not govern consumer or individual use, which this record does not cover.","contracting_entity":"OpenAI OpCo, LLC (all customers located outside the EEA or Switzerland — including the UK); OpenAI Ireland Ltd. (customers located in the EEA or Switzerland); OpenAI Public Sector, LLC only if designated on the Order Form","jurisdiction":"United States (OpenAI OpCo, LLC — notice address 1455 3rd Street, San Francisco, California 94158) / Ireland (OpenAI Ireland Ltd. — 1st Floor, The Liffey Trust Centre, 117-126 Sheriff Street Upper, Dublin 1, D01 YC43)","governing_law":"Two-track. EEA, Switzerland or UK customers: the Laws of Ireland, with exclusive venue in the courts of Dublin, Ireland. All other customers: the laws of the State of California (excluding California conflicts rules), with exclusive venue in federal or state courts located in San Francisco County, California. Sec. 16.3 states \"This Agreement will be governed by the Governing Laws... all claims arising out of or relating to this Agreement will be brought exclusively in the Venue,\" subject to the mandatory NAM arbitration clause in Sec. 15 (arbitration conducted in San Francisco, California or another mutually agreed location).","conditions":["The contracting entity depends on your region or order form: read the clause for your position.","The agreement is under a governing law that depends on where the customer is based.","This agreement covers OpenAI's API, ChatGPT Enterprise and ChatGPT Business for businesses and developers. It does not govern consumer or individual use, which this record does not cover."],"us_control":{"status":"region_dependent","finding":"Region-dependent — a US entity contracts in some regions; elsewhere a non-US entity does, and whether a US company controls it is not established","parent":null,"legal_reach":"More than one contracting entity is on record, and which one a buyer signs with depends on facts about the buyer, such as where it is. The record does not establish US corporate control on every track, so it makes no single finding on US legal reach.","caveat":null,"rule":"A provider subject to US jurisdiction can be required by valid US legal process to produce data in its possession, custody or control wherever it is located (CLOUD Act, 18 U.S.C. § 2713). A US-incorporated contracting entity is subject to US jurisdiction. A non-US contracting entity under US corporate control may be within reach through that control, depending on whether the parent controls the data and on the circumstances; where that control has not been established, the entity is not thereby beyond reach.","rule_url":"/static/manifesto.html#us-reach-rule"},"evidence":{"source_url":"https://openai.com/policies/services-agreement/","document_title":null,"date_read":"2026-08-08","last_rechecked":{"last_check":"unreadable","gate":"refused","date":null,"words":"clause read 8 Aug 2026; its host's terms forbid automated re-reading, so it is not re-checked"},"quote":null,"quote_carried_by":"the AI Subprocessor Jurisdiction Report ($299), which quotes the clause each finding rests on"},"not_established":["us_control"]}