Compare liability limitation governance provisions between OpenAI and Google-Gemini. 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.
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 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.