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This provision caps Amazon's total financial liability to a user for any claim at the greater of the amount the user paid Amazon in the prior 12 months or $100, and excludes indirect, consequential, punitive, and exemplary damages.
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
This clause establishes a financial ceiling on Amazon's liability exposure per user claim and excludes entire categories of damages. The cap may be practically low for users who sustained losses exceeding amounts paid to Amazon or who did not make recent payments.
Interpretive note: Enforceability of the damages exclusion and $100 floor may vary by jurisdiction and by the nature of the underlying claim, particularly in states with consumer protection statutes that limit contractual liability waivers.
Under this clause, any monetary recovery from Amazon arising from a claim is limited to the greater of amounts paid in the preceding 12 months or $100, regardless of the nature or extent of the harm alleged. Categories including consequential and punitive damages are contractually excluded, subject to what applicable law permits.
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A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
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"TO THE FULL EXTENT PERMITTED BY LAW, AMAZON, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. AMAZON'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE CONDITIONS OF USE OR THE AMAZON SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID AMAZON IN THE 12 MONTHS PRECEDING THE CLAIM AND (B) $100.Excerpt from Amazon's Conditions of Use
(1) REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts may interact with state consumer protection statutes that void or limit contractual liability caps in cases of gross negligence, willful misconduct, or statutory violations. California's Consumer Legal Remedies Act and similar statutes in other states may restrict the enforceability of this cap in specific contexts. The FTC Act's prohibition on unfair or deceptive practices may be relevant where the cap operates to insulate harm from deceptive conduct. (2) GOVERNANCE EXPOSURE: Medium. The $100 floor is a standard commercial provision but may be commercially inadequate for marketplace sellers or API developers transacting significant volumes through Amazon infrastructure. The exclusion of consequential damages is standard but its interaction with data breach or service outage scenarios may create regulatory scrutiny. (3) JURISDICTION FLAGS: California, New York, and EU/UK jurisdictions impose statutory limits on liability waivers in consumer contracts. In EU and UK contexts, applicable consumer law generally prohibits exclusion of liability for death, personal injury, or fraud regardless of contractual terms. (4) CONTRACT AND VENDOR IMPLICATIONS: Business customers and marketplace sellers should assess whether this cap is incorporated into their seller agreements and whether separate commercial terms provide higher liability thresholds. Procurement teams integrating Amazon services into enterprise workflows should evaluate whether this cap is commercially acceptable for their risk profile. (5) COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the $100 liability floor satisfies applicable statutory minimums in all jurisdictions where Amazon operates and whether the exclusion of consequential damages is enforceable in data breach scenarios under applicable state privacy laws.
Regulatory citations, enforcement risk, and due diligence action items.
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
This clause establishes a financial ceiling on Amazon's liability exposure per user claim and excludes entire categories of damages. The cap may be practically low for users who sustained losses exceeding amounts paid to Amazon or who did not make recent payments.
Under this clause, any monetary recovery from Amazon arising from a claim is limited to the greater of amounts paid in the preceding 12 months or $100, regardless of the nature or extent of the harm alleged. Categories including consequential and punitive damages are contractually excluded, subject to what applicable law permits.
ConductAtlas has identified this type of provision across 291 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Amazon.