Compare liability limitation governance provisions between OpenAI and Anthropic. Provisions are extracted from monitored governance documents and classified by severity.
The terms cap OpenAI's aggregate liability at the amount paid in the prior 12 months or $100, which means that even paid subscribers have very limited financial recourse against OpenAI for service failures or harmful outputs.
Consumer impact
This provision limits OpenAI's total financial liability to each user to the lesser of 12 months of payments or $100, and excludes all indirect, consequential, and data loss damages, regardless of the severity of the issue or reliance on AI outputs.
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Actual clause text
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER OPENAI NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE IN THE PAST TWELVE MONTHS OR ONE HUNDRED DOLLARS ($100).
AI-extracted from source document. Verify against original for legal use.
This cap means that even significant harm caused by AI errors or service failures may result in very limited financial recovery, particularly for free-tier users who are capped at $100.
Consumer impact
Free-tier Claude.ai users are limited to $100 in recoverable damages regardless of the actual harm suffered. Paid subscribers are limited to 12 months of fees paid, which may be substantially less than actual losses in cases involving data loss, business disruption, or reliance on inaccurate AI outputs.
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No opt-out available
Actual clause text
To the maximum extent permitted by law, Anthropic's total cumulative liability to you or any third party under these Terms, from all causes of action and all theories of liability, will be limited to, and will not exceed, the fees you actually paid us during the 12 months before the claim arose (or $100, if you have not paid us any fees during such period). In no event will Anthropic be liable for any indirect, incidental, punitive, consequential, or exemplary damages of any kind, including damages arising from loss of data or loss of business, arising out of these Terms or relating to them, our Services or any associated software, even if we have been notified of the possibility of such damages.
AI-extracted from source document. Verify against original for legal use.
The Department of Defense designated Anthropic a supply chain risk after the company refused to rem…
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.