This analysis describes what 23andMe's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The liability limitation establishes a defined maximum financial exposure for the company across all claim categories related to service use. This cap operates as a threshold mechanism that converts potential damages into a fixed or user-payment-based recovery ceiling, which shapes the economic risk allocation between the parties.
Interpretive note: The clause includes a 'to the extent permitted by law' qualifier, meaning enforceability varies by jurisdiction and may be overridden by state genetic privacy or consumer protection statutes.
The updated Terms now apply only to users who live outside the United States, Canada, EEA, UK, and Switzerland, or who access the Services from outside those regions. US, Canadian, EEA, UK, and Swiss users are directed to region-specific Terms instead. Additionally, when terms for a specific Service conflict with the main Terms, the specific Service terms now govern that portion of your use rather than the main Terms controlling. The mandatory arbitration provision remains in the document but is no longer prominently featured at the very beginning of the Terms.
View change record →The updated Terms of Service now apply exclusively to users in the United States, narrowing the geographic scope from the prior version that addressed users in multiple regions. The terms now contain a prominently featured mandatory arbitration provision that requires disputes to be resolved through individual arbitration on an individual basis rather than through jury trials or class action lawsuits. This means that if a user has a dispute with 23andMe, the updated terms require arbitration as the method of resolution instead of traditional litigation. Additionally, if a user purchases additional services, the main Terms of Service (including the arbitration provision) will control any conflicting terms from those additional services. You can review the complete updated Terms of Service through the link provided in the document.
View change record →The updated terms now apply only to users who live outside or access services outside the United States, Canada, EEA, UK, and Switzerland. Previously, the terms applied to US-based users. The terms also clarify that when service-specific terms conflict with the general Terms of Service, the service-specific terms will govern that particular service rather than the general terms controlling all conflicts. This means users of additional services may operate under different dispute resolution and governance procedures depending on which service they are using.
View change record →Users' recoverable damages for any claims arising from service use are capped at the greater of their 12-month payment total or $100, regardless of actual harm. This provision applies to the full range of claims related to service use, including those involving multiple parties affiliated with 23andMe.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUOLINGO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESUL...
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"TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF 23ANDME, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AND SUPPLIERS, TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, IS LIMITED TO THE GREATER OF: (A) THE AMOUNTS YOU PAID 23ANDME IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.— Excerpt from 23andMe's 23andMe Terms of Service
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The liability limitation establishes a defined maximum financial exposure for the company across all claim categories related to service use. This cap operates as a threshold mechanism that converts potential damages into a fixed or user-payment-based recovery ceiling, which shapes the economic risk allocation between the parties.
Users' recoverable damages for any claims arising from service use are capped at the greater of their 12-month payment total or $100, regardless of actual harm. This provision applies to the full range of claims related to service use, including those involving multiple parties affiliated with 23andMe.
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