This analysis describes what Anthropic'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 carve-out allows government customers to operate outside the standard AUP restrictions, creating a two-tiered system where activities prohibited for commercial users may be permitted for government actors — with Anthropic as the sole judge of adequacy.
Defense contractors and federal agencies using Claude must find alternatives. Enterprise customers with defense-adjacent business face compliance risk.
Anthropic's AUP directly affects what you can ask Claude to do — violations can result in your account being throttled, suspended, or permanently terminated without prior notice. For users of third-party apps built on Claude, the policy applies equally, meaning the app developer's failure to comply can affect your access too. You can report harmful or inaccurate AI outputs at usersafety@anthropic.com or via the in-product thumbs-down feedback feature.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
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...
BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ARE ALSO AGREEING TO CONTRACTUAL TERMS THAT WILL LIMIT SOME OF YOUR LEGAL RIGHTS, INCLUDING A DISCLAIMER OF WARRANTY, AN EXCLUSION OF CERTAIN KINDS OF DAMAGES, AND A LIMITATION OF LIABILITY.
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"This Usage Policy is calibrated to strike an optimal balance between enabling beneficial uses and mitigating potential harms. Anthropic may enter into contracts with certain governmental customers that tailor use restrictions to that customer's public mission and legal authorities if, in Anthropic's judgment, the contractual use restrictions and applicable safeguards are adequate to mitigate the potential harms addressed by this Usage Policy.— Excerpt from Anthropic's Anthropic API Usage Policy
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This carve-out allows government customers to operate outside the standard AUP restrictions, creating a two-tiered system where activities prohibited for commercial users may be permitted for government actors — with Anthropic as the sole judge of adequacy.
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