OpenAI is a company of humans, the product is ChatGPT. Theres a grey area regarding who owns the content, so OpenAI's terms and conditions state that all ownership of the resulting content belongs to the user. This is actually advantageous because it means that they dont hold ownership on bad things created by their tool.
That said you can still provide terms to access the tool, IIRC midjourney allows creators to own their content but also forces them to license it back to midjourney for advertising. Prompts too from memory.
