OpenAI
Weighted across the categories this document covers, 5 of nine. Lower is worse.
Executive summary
This narrow addendum exclusively governs prepaid and promotional service credits, deferring most consumer protections to a separate master Agreement. While it clearly defines credit limitations, it relies on browsewrap acceptance, allows immediate unilateral modifications, and imposes strict non-refundable and expiring policies that significantly limit consumer recourse.
Category breakdown
Not found in this document
4 of the nine categories are not addressed by this document, so they are left out rather than scored.
- Intellectual Property & UGC
- Limitation of Liability
- Indemnification
- Governing Law & Disputes
Acceptance of Terms & Scope
Contract formation and service boundaries
Acceptance occurs through passive receiving or using rather than explicit clickwrap consent, though the scope is narrowly limited to service credits.
Key findings
- Browsewrap acceptance mechanism via continued use
- Narrow scope limited strictly to credit purchases and redemptions
- References external master agreement for undefined terms
Evidence from the document
By receiving or using any Service Credit after the effective date of any modification to these Terms, you agree to be bound by the modified Terms.
Recommendations
- Implement explicit clickwrap acknowledgment for credit purchases
- Provide a plain-language summary of how credits interact with the main Agreement
User Accounts
Registration, suspension, and termination
Grants broad discretion to suspend or terminate accounts and revoke credits without notice, cure periods, or appeal mechanisms.
Key findings
- Immediate suspension/termination permitted for violations
- No notice or cure period provided
- Referral to external Agreement leaves current safeguards unclear
Evidence from the document
violates these Terms and may result in revocation, termination, or cancellation of the Service Credits and/or your use of the Services without refund and/or immediate suspension or termination of your account.
Recommendations
- Require written notice and a reasonable cure period before termination
- Establish a human-reviewed appeals process and guarantee data export prior to closure
Data Privacy
Data collection, usage, and protection
Data privacy, collection, sharing, and user control mechanisms are completely omitted and presumably governed by a separate privacy policy or master agreement.
Key findings
- Zero mentions of data collection, retention, third-party sharing, or GDPR/CCPA rights
Recommendations
- Ensure cross-reference to a robust, standalone privacy policy is prominently displayed, and verify that data deletion/export rights survive credit account closure
Payment & Subscriptions
Billing and subscription management
Imposes strict non-refundable status and a hard one-year expiration on prepaid credits, offering no proration, grace periods, or transparent renewal mechanics.
Key findings
- Absolute all sales are final clause
- Mandatory 1-year expiry
- Non-transferable/non-refundable design with no pro-rated refund mechanism
Evidence from the document
All sales of Services, including sales of prepaid Services, are final. Service Credits are not refundable except where required by law, and expire one year after the date of purchase or issuance if not used, unless otherwise specified at the time of purchase.
Recommendations
- Introduce a reasonable grace period before expiration
- Allow partial refunds or transfers under extenuating circumstances and clarify top-up procedures
Modification of Terms
How agreements can be changed
Permits unilateral modifications effective immediately upon posting or email, with continued use constituting binding acceptance and no explicit right to reject or obtain a refund.
Key findings
- Immediate effectiveness upon posting
- Browsewrap acceptance of changes
- Absence of advance notice window or opt-out/refund provision
Evidence from the document
We may modify these Terms at any time by posting a revised version on our website or by emailing the email associated with your account. The modified Terms will become effective upon posting... By receiving or using any Service Credit after the effective date of any modification to these Terms, you agree to be bound by the modified Terms.
Recommendations
- Mandate a 14–30 day advance notice period
- Require affirmative consent for material changes and preserve the right to cancel with a pro-rated refund
Ex-TerCo provides automated analysis of legal documents for informational purposes. This is not legal advice. Terms can change at any time.