Adobe limits its financial liability to you for a wide range of harms, including data loss, lost profits, and service interruptions, and excludes indirect or consequential damages even if Adobe was warned about the risk.
This analysis describes what Adobe'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 clause operates to limit Adobe's aggregate financial exposure by categorically excluding entire categories of damages from recoverable amounts in disputes. This allocation of risk applies across all service failures, security incidents, or contractual breaches, regardless of Adobe's knowledge of potential harm.
Interpretive note: Enforceability of this limitation of liability varies significantly by jurisdiction; EU, UK, and Australian statutory consumer protections may override or limit the practical effect of this clause.
Users who suffer data loss, financial losses, or business disruption due to Adobe service failures may have limited ability to recover compensation beyond their actual direct damages, and cannot recover for consequential or indirect losses under these terms.
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In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
IN NO EVENT WILL DEEPSEEK OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF DEEPSEEK OR ITS AFFILIATES HAVE ...
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PERPLEXITY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS O...
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"IN NO EVENT WILL ADOBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS, PARENT COMPANIES OR SUBSIDIARIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, USE, OR GOODWILL OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR ANY SERVICES OR SOFTWARE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.— Excerpt from Adobe's Adobe Terms of Use
(1) REGULATORY LANDSCAPE: Limitation of liability clauses in consumer-facing agreements are subject to scrutiny under consumer protection laws. In the EU, the Unfair Contract Terms Directive and national implementations may render limitation of liability clauses in B2C agreements unenforceable or void, particularly for personal injury or gross negligence. Australian Consumer Law (which Adobe separately addresses in Section 13 of the terms) also restricts the ability to exclude statutory guarantees. California consumer protection law may also limit the scope of these exclusions. (2) GOVERNANCE EXPOSURE: Medium. For enterprise and B2B users, this limitation of liability clause is standard commercial practice and generally enforceable. For consumer users, enforceability varies significantly by jurisdiction; EU, Australian, and UK users may have statutory rights that cannot be excluded by contract. (3) JURISDICTION FLAGS: EU/EEA users have significant statutory protections that may override this clause under the Unfair Contract Terms Directive. UK users are protected by the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015. Australian users benefit from Australian Consumer Law guarantees that Adobe acknowledges in Section 13. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should assess whether this limitation of liability clause is adequate for their use case, particularly where Adobe services are used to process business-critical data. Negotiated enterprise agreements may include higher liability caps or carve-outs for gross negligence and willful misconduct. (5) COMPLIANCE CONSIDERATIONS: Organizations relying on Adobe for mission-critical workflows should consider whether the limitation of liability clause, combined with Adobe's service availability commitments (or lack thereof in the general terms), creates unacceptable operational risk that should be addressed through separate contractual negotiation or insurance.
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The clause operates to limit Adobe's aggregate financial exposure by categorically excluding entire categories of damages from recoverable amounts in disputes. This allocation of risk applies across all service failures, security incidents, or contractual breaches, regardless of Adobe's knowledge of potential harm.
Users who suffer data loss, financial losses, or business disruption due to Adobe service failures may have limited ability to recover compensation beyond their actual direct damages, and cannot recover for consequential or indirect losses under these terms.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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