UC Terms of Use for OpenAI Services

  1. Acceptance of Terms

    The following terms and conditions govern your access and use of certain services provided by OpenAI, L.L.C. (“OpenAI”) pursuant to its license with The Regents of the University of California (“UC”), including the use of OpenAI’s application programming interface (“API”), ChatGPT Enterprise, and ChatGPT EDU (herein referred to as “Service” or “Services”). By using any of the Services, you agree to the following terms and conditions: 

  2. Minimum Requirements

    The Services are not intended for use by non-UC Davis affiliates. Users must have an active UC Davis computing account to use the Services. UC Davis also reserves the right to refuse use of the Service to any User for any reason. These reasons include but are not limited to violations of the UC Davis Allowable and Acceptable Use Policies, cybersecurity considerations, use of Service which conflicts with the UC Davis Principles of Community, technical and Service delivery considerations, and others.

  3. Prohibited Uses

    You may not use the Services for any manner that violates UC Davis policy, UC policy, applicable laws, OpenAI’s Service Terms, Sharing & Publication Policy (available at https://openai.com/policies/sharing-publication-policy), and Usage Policies (available at https://openai.com/policies/usage-policies), and any other guidelines or policies OpenAI provides in writing. For example, you may not:

    • Use the Services in a manner that infringes, misappropriates, or otherwise violates anyone’s third party’s rights; 

    • Reverse assemble, reverse compile, decompile, translate, engage in model extraction or stealing attacks, or otherwise attempt to discover the source code or underlying components of the Services, algorithms, and systems of the Services;

    • Use Output (as defined below) to develop any artificial intelligence models that compete with OpenAI’s products and services. However, User can use Output to (i) develop artificial intelligence models primarily intended to categorize, classify, or organize data (e.g., embeddings or classifiers), as long as such models are not distributed or made commercially available to third parties and (ii) fine tune models provided as part of the Services.

    • Use any method to extract data from the Services other than as permitted through the API; or 

    • Buy, sell, or transfer API keys from, to or with a third party.

  4. User Content.

    You may provide input to the Services (“Input”) and receive output from the Services based on the Input (“Output”). Input and Output are collectively “User Content.” You are responsible for your User Content, including ensuring that it does not violate any applicable law or these Terms. 

    To the extent permitted by applicable law, UC policy, or these Terms, you retain your ownership rights to your User Content. Your use of these Services does not limit or otherwise diminish UC’s rights or ownership to data, including User Content where applicable. 

    By using the Services, you consent to UC and OpenAI processing and storing User Content. For more information about OpenAI’s commitment to privacy and security, please visit OpenAI’s Enterprise privacy page located at https://openai.com/enterprise-privacy. Pursuant to the UC license with OpenAI, OpenAI does not use your User Content to improve the Services and does not use your User Content to develop or improve its models.

  5. Data Protection and Processing Sensitive Data

    The Services have been approved to process up to P2 data (see UC Protection Level Classification Guide). Users must ensure that they have appropriate permission before processing the sensitive data of others. Users must protect and maintain the privacy and confidentiality of UC Institutional Information and disclose confidential information only under conditions allowed by UC policy. The processing of any confidential medical information, including protected health information (“PHI”), as defined by the Health Insurance Portability and Accountability Act and implementing regulations (“HIPAA”) or medical information as defined by the California Confidentiality of Medical Information Act, is prohibited. 

    Only the officially licensed Services provided by UC have been approved to process sensitive Institutional Information. You are prohibited from processing any P3 or P4 Institutional Information on any other version of the Services (including personal versions of the Services licensed under OpenAI’s general terms of use).

  6. Accuracy

    User is solely responsible for all use of the Outputs and for evaluating the accuracy and appropriateness of Output for User’s use case, including by utilizing human review as appropriate. Use of Outputs from the Service must comply with applicable law, as well as UC Davis policies, UC policies, governance, and other guidance.

  7. Modifications and Limitations

    UC Davis reserves the right to modify these Terms at any time. Use of the Service constitutes acceptance of the Terms. Failure to enforce a provision is not a waiver of the right to do so later. By using the Service, you represent and warrant that you are not based in or a resident of South Korea or otherwise subject to South Korean privacy laws.