Neither side can be held responsible for indirect or consequential damages like lost profits or lost data. Total liability is capped at what the customer paid Anthropic in the last 12 months.
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
The liability cap at 12 months of fees and the exclusion of consequential damages, including lost profits and lost data, limits the financial recovery available to business customers if the Services fail or cause harm; this cap does not apply to indemnification obligations.
Interpretive note: Enforceability of the consequential damage exclusion and liability cap may be limited by applicable mandatory law in EEA, UK, or other jurisdictions, and depends on whether the exclusion is considered unreasonable under applicable commercial law.
Business customers cannot recover lost profits, lost revenue, lost data, or other consequential damages from Anthropic under these terms; any recoverable direct damages are capped at the fees paid in the prior 12 months, which may be significantly less than actual business losses in the event of a service failure.
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"Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, revenue, goodwill, production, anticipated savings, or data, and costs of procurement of substitute goods or services and (ii) is limited to Fees paid by Customer for the Services in the previous 12 months.Excerpt from Anthropic's Commercial Terms
REGULATORY LANDSCAPE: Liability limitation clauses in commercial B2B contracts are governed by applicable contract law; in the UK and EEA, the Unfair Contract Terms Act and applicable national implementing legislation may constrain the enforceability of …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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The liability cap at 12 months of fees and the exclusion of consequential damages, including lost profits and lost data, limits the financial recovery available to business customers if the Services fail or cause harm; this cap does not apply to indemnification obligations.
Business customers cannot recover lost profits, lost revenue, lost data, or other consequential damages from Anthropic under these terms; any recoverable direct damages are capped at the fees paid in the prior 12 months, which may be significantly less than actual business losses in the event of a service failure.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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