Amazon limits its financial liability to you for nearly all types of damages, including indirect, incidental, punitive, and consequential damages, regardless of the cause.
This analysis describes what Amazon'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 warranty disclaimer and liability limitation operate together to establish the scope of Amazon's legal responsibility for service performance and user harm. By disclaiming all warranties and excluding liability for all damage categories, the provision defines Amazon's obligations as limited to providing access to the service itself, rather than guaranteeing specific performance outcomes or compensating for losses.
Interpretive note: The phrase 'to the full extent permissible by law' acknowledges that applicable law may limit these exclusions; the actual scope of enforceable limitation varies significantly by jurisdiction.
Liability cap changed from fixed $100 to amount paid in preceding 12 months, and scope expanded to include affiliates, officers, directors, employees, agents, and licensors.
View full change record →If you experience harm from using Amazon's services, such as financial loss from a fraudulent transaction or damage caused by a software defect, this clause limits the types of damages you can claim from Amazon, potentially leaving significant losses uncompensated depending on applicable law.
How other platforms handle this
To the maximum extent permitted by applicable law, Kit 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, resulting ...
To the maximum extent permitted by applicable law, Pinterest 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, res...
You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
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"TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON.COM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMAZON.COM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AMAZON SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AMAZON SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.— Excerpt from Amazon's Amazon Conditions of Use
(1) REGULATORY LANDSCAPE: Limitation of liability clauses engage the UCC, common law contract principles, and consumer protection statutes at both state and federal levels. EU Directive 93/13/EEC and its national implementations may render blanket liability limitations unfair and unenforceable in consumer contracts. The FTC may scrutinize liability limitations that effectively eliminate consumer remedies for deceptive or unfair practices. (2) GOVERNANCE EXPOSURE: Medium. Broad liability limitation clauses are standard in U.S. consumer platform terms. However, the exclusion of consequential and punitive damages could become a governance issue if Amazon is found to have engaged in conduct that caused significant consumer harm, as courts in some jurisdictions may not enforce these limitations in cases involving gross negligence or willful misconduct. (3) JURISDICTION FLAGS: EU and UK consumers retain statutory rights that may supersede contractual liability limitations. California courts have declined to enforce liability limitations in contracts involving consumer protection statute violations. New Jersey and other states have similar doctrines. (4) CONTRACT AND VENDOR IMPLICATIONS: Sellers and developers who use Amazon's infrastructure services should assess whether the liability limitation in the Conditions of Use applies to their commercial use of Amazon services or whether separate service agreements with higher liability thresholds govern their relationship. (5) COMPLIANCE CONSIDERATIONS: Risk management teams should assess whether insurance coverage adequately addresses the gap created by Amazon's liability limitation for businesses that depend heavily on Amazon infrastructure or marketplace access.
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The warranty disclaimer and liability limitation operate together to establish the scope of Amazon's legal responsibility for service performance and user harm. By disclaiming all warranties and excluding liability for all damage categories, the provision defines Amazon's obligations as limited to providing access to the service itself, rather than guaranteeing specific performance outcomes or compensating for losses.
If you experience harm from using Amazon's services, such as financial loss from a fraudulent transaction or damage caused by a software defect, this clause limits the types of damages you can claim from Amazon, potentially leaving significant losses uncompensated depending on applicable law.
ConductAtlas has identified this type of provision across 10 platforms. See the full comparison.
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