Section 8.2 caps total aggregate liability at fees paid in the prior 12 months; Section 8.3 sets a Data Protection Claims cap at two times that amount; and Section 8.5 imposes a $5,000 USD hard cap on liability for Beta Services and free-tier services regardless of actual fees paid or damages incurred.
This analysis describes what Anyscale'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 three-tier liability structure establishes distinct monetary ceilings for general claims, data protection claims, and Beta Services claims, with the $5,000 cap for Beta Services applying to Optimization Services, which are designated as Beta Services under Section 2.7, creating a materially low ceiling for incidents arising from those services.
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Compare across platforms →"EXCEPT FOR THE EXCLUDED CLAIMS AND AS SET FORTH IN SECTIONS 8.3 AND 8.5 , IN NO EVENT WILL EITHER PARTY'S TOTAL AGGREGATE LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES IN CONNECTION WITH THIS AGREEMENT, THE ANYSCALE IP, OR THE PROVISION OF THE PLATFORM SERVICES EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO ANYSCALE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM... NOTWITHSTANDING ANYTHING CONTAINED ABOVE, ANYSCALE'S LIABILITY RELATING TO BETA SERVICES OR ANY ANYSCALE SERVICES PROVIDED FREE OF CHARGE, INCLUDING ANY ANYSCALE SERVICES PROVIDED DURING A FREE TRIAL PERIOD, WILL BE LIMITED TO FIVE THOUSAND US DOLLARS (USD $5,000).Excerpt from Anyscale's Terms of Service
(1) REGULATORY LANDSCAPE: Contractual liability caps in B2B software agreements are standard commercial practice, but their interaction with data protection regulatory fines under GDPR and CCPA is significant; regulatory fines are assessed independently of contractual …
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The three-tier liability structure establishes distinct monetary ceilings for general claims, data protection claims, and Beta Services claims, with the $5,000 cap for Beta Services applying to Optimization Services, which are designated as Beta Services under Section 2.7, creating a materially low ceiling for incidents arising from those services.
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