This analysis describes what DeepL'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 clause establishes a tiered liability framework that narrows DeepL's exposure for negligence claims based on breach severity and damage type. This structure defines the scope of financial obligations DeepL assumes under the agreement and allocates risk between the parties regarding data loss and operational failures.
Users operate under a liability cap that restricts damages for slight negligence to foreseeable, contract-typical amounts when material breaches occur, and limits data loss claims to standard backup recovery costs. This means recoverable damages for operational failures are bounded by these defined thresholds rather than actual losses incurred.
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To the maximum extent permitted by applicable law, Kit shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting ...
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRAMMARLY DOES NOT WARRANT THAT THE SERVICES WILL BE UN...
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. REPLIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED...
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"DeepL's liability for slight negligence is excluded unless DeepL has breached a material contractual obligation. In the event of a breach of a material contractual obligation, DeepL's liability for slight negligence is limited to the foreseeable damage typical for this type of contract. DeepL's liability for loss of data is limited to the typical recovery costs that would have been incurred if backup copies had been made on a regular basis.— Excerpt from DeepL's DeepL Terms and Conditions
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The clause establishes a tiered liability framework that narrows DeepL's exposure for negligence claims based on breach severity and damage type. This structure defines the scope of financial obligations DeepL assumes under the agreement and allocates risk between the parties regarding data loss and operational failures.
Users operate under a liability cap that restricts damages for slight negligence to foreseeable, contract-typical amounts when material breaches occur, and limits data loss claims to standard backup recovery costs. This means recoverable damages for operational failures are bounded by these defined thresholds rather than actual losses incurred.
ConductAtlas has identified this type of provision across 3 platforms. See the full comparison.
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