Apple provides its services and content with no guarantees — if something goes wrong or the service doesn't work as expected, Apple's financial liability to you is extremely limited.
This analysis describes what Apple Pay'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
If Apple's services cause you harm — financial loss, data loss, or otherwise — this clause significantly restricts the amount of compensation you can seek from Apple, which is a significantly stronger protection for Apple than for consumers.
Consumers who suffer financial or other harm due to failures of Apple's services, content delivery issues, or account problems will find their ability to recover damages from Apple severely limited by this clause, with no recovery for consequential or punitive damages in most cases.
How other platforms handle this
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To the full extent permitted by law, craigslist, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("CL Entities") (1) make no promises, warranties, or representations as to CL, including its completeness, accuracy, availability, timeliness, prop...
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...
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"TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ITUNES SERVICE AND ALL CONTENT DELIVERED TO YOU THROUGH THE ITUNES SERVICE ARE PROVIDED 'AS IS' AND 'AS AVAILABLE,' WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APPLE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE ITUNES SERVICE, THE PRODUCTS OR THIS AGREEMENT.— Excerpt from Apple Pay's Apple Media Services Terms
REGULATORY FRAMEWORK: Blanket warranty disclaimers and consequential damages exclusions in consumer contracts are restricted by multiple legal frameworks. The EU Directive 2019/770/EU on digital content provides mandatory statutory remedies for non-conforming digital content that cannot be waived by contract. The EU Directive 93/13/EEC (Unfair Contract Terms) prohibits terms that exclude or limit liability for death or personal injury, or that inappropriately exclude consumer rights. In the US, the Magnuson-Moss Warranty Act (15 U.S.C. §2301 et seq.) governs warranty disclaimers for consumer products — enforced by the FTC. The UCC (Article 2) governs implied warranty disclaimers in sales transactions, though its applicability to digital services varies by state.
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If Apple's services cause you harm — financial loss, data loss, or otherwise — this clause significantly restricts the amount of compensation you can seek from Apple, which is a significantly stronger protection for Apple than for consumers.
Consumers who suffer financial or other harm due to failures of Apple's services, content delivery issues, or account problems will find their ability to recover damages from Apple severely limited by this clause, with no recovery for consequential or punitive damages in most cases.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
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