Compare liability limitation governance provisions between OpenAI and Anthropic. Provisions are extracted from monitored governance documents and classified by severity.
The clause operates to delineate the financial exposure and remedies available to users through the contractual relationship. The dual mechanism—categorical exclusion of certain damage types combined with a monetary cap on remaining liability—structures the risk allocation between the parties and establishes the maximum financial obligation OpenAI assumes under the agreement.
Consumer impact
Users operate under terms that restrict their recoverable damages to specified categories and establish a monetary ceiling. The liability cap applies to all claims arising from the service, meaning maximum recovery is limited to the greater of twelve months of payments or $100, regardless of actual harm incurred.
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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.
The liability cap creates a defined boundary for financial exposure in disputes, establishing that Anthropic's maximum recoverable damages obligation is limited to amounts actually paid by the user in the prior 12-month period. The carve-out for indirect and consequential damages further narrows the categories of losses for which Anthropic bears financial responsibility under the agreement.
Consumer impact
Users operating under these terms have access to remedies limited to direct damages up to the amount paid in the preceding 12 months, with no recovery available for indirect losses such as business interruption or data loss damages. This mechanism applies to all causes of action and all theories of liability arising from the service.
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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 AnalysisProfessional
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.