Ride the Lightning

Lawyers Using ChatGPT Have Agreed to Indemnify OpenAI in the Event of a Lawsuit Alleging Harm

April 13, 2023

Forbes published a post on April 10 which ought to give lawyers using ChatGPT a reality check.

When you signed up to use ChatGPT, you agreed to the licensing terms. Who reads licensing terms? Almost no one, including lawyers.

Below is the language of Section 7a of the licensing agreement as posted on the OpenAI website relative to your use of ChatGPT.

“Section 7. Indemnification; Disclaimer of Warranties; Limitations on Liability: (a) Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.”

You may get sued for something you have done with ChatGPT that allegedly caused harm. OpenAI may be sued. You may both be sued.

Section 7a above is not an uncommon indemnification clause. But it puts you at great risk of being liable for the “whole kit and caboodle” if you and OpenAI are both sued.

The post is long but well worth reading just to get all the nuances. My observation to date is that MANY lawyers are now using ChatGPT without ever having given thought to the indemnification clause to which they (often unknowingly) have agreed.

Sharon D. Nelson, Esq., President, Sensei Enterprises, Inc.
3975 University Drive, Suite 225, Fairfax, VA 22030
Email:   Phone: 703-359-0700
Digital Forensics/Cybersecurity/Information Technology
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