Compare liability limitation governance provisions between OpenAI and Google-Gemini. 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.
Opt-out available
No opt-out available
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.
No Liability Limitation clause found in our archive for this platform.
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.