"Earth is flat" is an objective statement. "I experience consciousness" is subjective, similarly to "I am experiencing pain". If someone tells me "pain doesn't exist" while I know it exists (because I have experienced it), I can be certain that that person is wrong. Even though I can't prove it to him.
Thomas Nagel's definition of consciousness is pretty good: "an organism has conscious mental states if and only if there is something that it is like to be that organism—something it is like for the organism."
Well, OpenAI doesn't seem to have clauses like this. Europeans are allowed to use it for commercial purposes under the ToS. (But check it yourself, I'm not a lawyer).
I reimplemented my startup idea from scratch with Codex a few months ago, just for peace of mind.
Anthropic does a somewhat similar thing. If you visit their ToS (the one for Max/Pro plans) from a European IP address, they replace one section with this:
Non-commercial use only. You agree not to use our Services for any commercial or business purposes and we (and our Providers) have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
It's funny that a plan called "Pro" cannot be used professionally.