Model terms / OpenAI / GPT-5

OpenAI · API

Can I use GPT-5 commercially?

Yes

Commercial use of GPT-5: Yes, according to OpenAI terms as read on 2026-10-30. 7 of 10 usage questions have an answer on record.

Terms as read on 2026-10-30. Service you used: API (first party).

QuestionAnswerAccording toRead on
Commercial useYes OpenAI terms openai.com2026-10-30
"Customer owns all Output (assignment in s4.1); 'Customer is solely responsible for all use of the Outputs' - no commercial restriction."
Where outputs may be usednot on record --
Trains on your inputsNo OpenAI terms openai.com2026-08-31
"OpenAI will not use Customer Content to develop or improve the Services, unless Customer explicitly agrees to such use. ('Customer Content' means the Input and the Output.)"
Trains on your promptsNo OpenAI terms openai.com2026-10-30
"Prompts are Input, inside Customer Content - same s4.2 commitment."
Trains on your outputsNo OpenAI terms openai.com2026-10-30
"Output is inside Customer Content - same s4.2 commitment."
Output ownershipUser OpenAI terms openai.com2026-10-30
"Customer... owns all Output. OpenAI hereby assigns to Customer all OpenAI's right, title, and interest, if any, in and to Output."
Copyright indemnityYes OpenAI terms openai.com2026-10-30
"OpenAI's indemnification obligations to API customers under the Agreement include any third party claim that Customer's use or distribution of Output infringes a third party's intellectual property right. (Six enumerated exclusions; Beta Services excluded.)"
Marking applied by the modelYes documentation, not contract OpenAI terms openai.com2026-10-30
"Supported images generated with ChatGPT, Codex, and the OpenAI API include both signals (C2PA metadata and SynthID watermarks). (Help docs, not the contract.)"
Disclosure duty on younot on record --
Training data disclosednot on record --

Sources

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This page reproduces what the linked documents said on the dates shown. It is a record, not legal advice, and not a warranty of the providers' terms. Documents change; read the source before relying on it.