Provision record
Character.AI · Character.ai Terms of Service · View original document ↗

Limitation of Liability and $100 Cap

High severity Medium confidence Explicit document language Common · 287 of 352 platforms
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Document Record

What it is

If Character.AI causes you harm, including through data breaches or harmful AI-generated content, you can only recover a maximum of $100 or what you paid them, whichever is more, and cannot recover for emotional distress, data loss, or other indirect harms.

This analysis describes what Character.AI'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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This cap means that even if Character.AI's platform causes significant real-world harm, such as through a data breach, harmful AI outputs, or unauthorized content use, the company's financial exposure to any individual user is capped at $100, which significantly limits practical legal recourse.

Interpretive note: Enforceability of the $100 cap varies by jurisdiction; EU/EEA law and certain U.S. state consumer protection statutes may limit the cap's applicability in cases of gross negligence or fundamental contractual breaches.

Clause Stability Stable

0
Changes
4
Months Monitored
May 10, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 4261 other provisions on other platforms.

Change history

modified Jun 16, 2026

Previous version had empty excerpt; current version now provides detailed liability limitation language with damages exclusions.

View full change record →

Consumer impact (what this means for users)

Regardless of the severity of harm you experience through using the platform, including unauthorized access to your data or harmful AI-generated content, the maximum you can recover from Character.AI under these terms is $100 or what you paid them, which is a significant practical limitation on your legal remedies.

How other platforms handle this

ActiveCampaign Medium

If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.

Leonardo AI Medium

A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...

Netflix Medium

The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
You understand and agree that Character.AI will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits including but not limited to damages for loss of goodwill, use, data or other intangible losses (even if Character.AI has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Services; (ii) your access, use, creation of, or interaction with any content, Character or Generated Content; (iii) your sharing with any third party of any content, Character or Generated Content; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party (including users) on the Services; or (vi) any other matter relating to the Services. In no event will Character.AI's total liability to you for all damages, losses or causes of action exceed the greater of: (i) $100; or (ii) the amount you paid Character.AI (if any) in connection with your use of the Services.

Excerpt from Character.AI's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

REGULATORY LANDSCAPE: Liability caps of this nature are standard in technology sector consumer contracts but may face enforceability challenges under consumer protection law in specific jurisdictions.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Character.ai Terms of Service
Entity
Character.AI
Document last updated
May 5, 2026
Tracking information
First tracked
May 7, 2026
Last verified
May 10, 2026
Record ID
CA-P-008833
Document ID
CA-D-00121
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
46f6e1a8e8b7e96332c5e7584411513fca3c44e2ecf77571159e9be67a01a2a4
Analysis generated
May 7, 2026 23:51 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Character.AI
Document: Character.ai Terms of Service
Record ID: CA-P-008833
Captured: 2026-05-07 23:51:07 UTC
SHA-256: 46f6e1a8e8b7e963…
URL: https://conductatlas.com/platform/characterai/characterai-terms-of-service/provision/CA-P-008833/limitation-of-liability-and-100-cap/
Accessed: Aug. 6, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Character.AI's Limitation of Liability and $100 Cap clause do?

This cap means that even if Character.AI's platform causes significant real-world harm, such as through a data breach, harmful AI outputs, or unauthorized content use, the company's financial exposure to any individual user is capped at $100, which significantly limits practical legal recourse.

How does this clause affect you?

Regardless of the severity of harm you experience through using the platform, including unauthorized access to your data or harmful AI-generated content, the maximum you can recover from Character.AI under these terms is $100 or what you paid them, which is a significant practical limitation on your legal remedies.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.

Is ConductAtlas affiliated with Character.AI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Character.AI.