Compare liability limitation governance provisions between Midjourney and Stability-Ai. Provisions are extracted from monitored governance documents and classified by severity.
The agreement excludes consequential and indirect damages and caps total liability at 12 months of subscription fees, while requiring users to indemnify Midjourney against third-party claims arising from user conduct, which could include IP infringement claims related to generated assets.
Consumer impact
Users cannot recover lost profits, data loss, or consequential damages from Midjourney regardless of the cause; additionally, users are obligated to defend and indemnify Midjourney against third-party claims arising from their use of the service, including claims related to generated assets.
Opt-out available
No opt-out available
Actual clause text
You understand and agree that we will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise. Our aggregate liability under this Agreement will not exceed the amount You paid for the Services that gave rise to the claim during the 12 months before the claim. [...] To the extent permitted by law, you will indemnify and hold us harmless, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys' fees) from third party claims arising out of or relating to your use of the Services and Assets or any violation of these Terms.
AI-extracted from source document. Verify against original for legal use.
No Liability Limitation clause found in our archive for this platform.
AI Difference AnalysisCompliance
Stripe's arbitration clause is narrower than Amazon's in one key respect: it includes a small claims court carve-out that Amazon's clause does not. PayPal's clause is the most aggressive of the three, explicitly waiving jury trial rights in addition to class action rights. From a compliance perspective, Amazon presents the lowest risk for B2B contracts while PayPal creates the highest exposure for consumer-facing applications subject to CFPB oversight.