Electronic Record of ContractsElectronic Record of Contracts • November 28th, 2023
This Data Processing Addendum (“DPA”) governs OpenAI’s processing of Customer Data (i) provided by Customer to OpenAI through OpenAI’s API or any OpenAI services for businesses (“API Services”) or (ii) pursuant to OpenAI’s provision of the ChatGTPT Enterprise service for businesses (the “ChatGPT Enterprise Services”) (for purposes of this DPA, the API Services and ChatGPT Enterprise Services are together the “Services”) under the terms of the OpenAI Business Terms (located at openai.com/policies/business-terms), Enterprise Agreement, or other agreement between Customer and OpenAI governing Customer’s use of the Services (the “Agreement”) and is hereby incorporated into the Agreement. If and to the extent language in this DPA conflicts with the Agreement, the conflicting terms in this DPA shall control. Capitalized terms not defined in this DPA have the meaning set forth in the Agreement. For purposes of this DPA only, “Customer” includes any affiliate entity of Customer’s that (a) has
