Apple limits its financial responsibility for problems arising from your use of its services to exclude lost profits, data loss, and other consequential damages, meaning if something goes wrong, the amount you can recover from Apple is significantly restricted.
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 fail, lose your data, or cause financial harm beyond the direct cost of a transaction, the agreement attempts to prevent you from recovering those broader losses from Apple, which is a standard but meaningful limitation on consumer recourse.
Interpretive note: The enforceability of the consequential damages waiver depends on jurisdiction; EU, UK, and some US state consumer protection frameworks may override or limit this provision for consumer claims.
This clause limits Apple's financial exposure to consumers for service failures, data loss, or disruption to a narrow range of direct damages, and attempts to exclude recovery for lost profits, business losses, or other consequential harms, though applicable law in some jurisdictions may limit or override these exclusions.
How other platforms handle this
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...
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, re...
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"To the extent permitted by applicable law, Apple, its officers, directors, employees, agents, and licensors will not be liable to you for any incidental, special, indirect, consequential, or punitive damages arising out of or related to your use or inability to use the Services, including but not limited to those resulting from any loss of data, business, or profits, or any other pecuniary loss.— Excerpt from Apple Pay's Apple Media Services Terms
1. REGULATORY LANDSCAPE: Consequential damages waivers in consumer contracts engage scrutiny under state consumer protection statutes, including California's Consumer Legal Remedies Act, which prohibits certain limitations of liability for personal injury caused by consumer goods. Equivalent EU and UK consumer law may similarly restrict enforcement of broad liability limitations against consumers in those markets. The document acknowledges 'to the extent permitted by applicable law,' which is a standard qualifier that preserves statutory rights. 2. GOVERNANCE EXPOSURE: Low. Consequential damages disclaimers are standard in digital service agreements and are generally enforceable in US commercial and consumer contexts within applicable statutory limits. The express acknowledgment that the limitation applies only to the extent permitted by law reduces the risk of the clause being found deceptive. 3. JURISDICTION FLAGS: EU consumers have mandatory protections under national law that may limit the enforceability of consequential damages waivers in consumer contracts. UK consumers have similar protections under the Consumer Rights Act, which restricts exclusion clauses in consumer contracts. California, New Jersey, and Massachusetts have consumer protection frameworks that may limit certain damage exclusions. 4. CONTRACT AND VENDOR IMPLICATIONS: Business users and developers relying on Apple's services for commercial operations should assess whether the consequential damages waiver adequately protects their interests, particularly for iCloud storage outages, App Store downtime, or Apple Pay processing failures that could cause business losses. 5. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the limitation of liability interacts with any applicable service level agreements or enterprise arrangements that may modify these terms for business accounts. In regulated industries such as financial services or healthcare, the reliance on Apple services subject to a broad consequential damages waiver should be assessed against business continuity and vendor risk management requirements.
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If Apple's services fail, lose your data, or cause financial harm beyond the direct cost of a transaction, the agreement attempts to prevent you from recovering those broader losses from Apple, which is a standard but meaningful limitation on consumer recourse.
This clause limits Apple's financial exposure to consumers for service failures, data loss, or disruption to a narrow range of direct damages, and attempts to exclude recovery for lost profits, business losses, or other consequential harms, though applicable law in some jurisdictions may limit or override these exclusions.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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