You can ask ChatGPT if you can run it locally, and it will happily say it is open source, then give 2 github.com links that 404 and then say it doesn't know where the code is if you press it for answers.
But there's no ill intent. As long as it's not labeled as human. I guess it applies to everything, even sentient AIs, that it's fair as long as they don't promise services of a human.