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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OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
These rights are not absolute and they may be limited in some situations. For example, where we can demonstrate that we have a legal requirement to process your data...
Teladoc Health disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.
"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
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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 281 platforms. See the full comparison.
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