The agreement caps DeepL's total financial liability to any individual subscriber at the higher of the subscription fees paid in the 12 months before a claim or EUR 100. This cap applies to the extent permitted by applicable law.
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
This provision establishes a ceiling on DeepL's financial exposure per subscriber claim. The clause is conditioned on applicable law, which preserves mandatory statutory liability under German law and may be further modified by consumer protection rules in other jurisdictions. For high-volume API or enterprise users paying significant annual fees, the 12-month payment figure could represent a meaningful cap, while for lower-tier subscribers the EUR 100 floor applies.
Interpretive note: Enforceability of the liability cap varies by jurisdiction; mandatory consumer protection rules in EU member states and certain US states may limit or override the cap for individual consumer subscribers.
Added a EUR 100 minimum liability floor, expanded scope language from 'damages' to 'any claims', and added 'to the extent permitted by applicable law' qualifier.
View full change record →Under this clause, the maximum financial recovery from DeepL in connection with any claim is limited to 12 months of subscription fees paid or EUR 100, whichever is higher. Applicable mandatory consumer protection or statutory liability rules in a subscriber's jurisdiction may limit or override this cap for certain categories of loss.
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"To the extent permitted by applicable law, DeepL's total liability to you for any claims arising out of or related to these Terms or the Services is limited to the greater of (a) the amounts you have paid to DeepL in the 12 months preceding the claim or (b) EUR 100.— Excerpt from DeepL's DeepL Terms and Conditions
(1) REGULATORY LANDSCAPE: Liability limitation clauses in B2C subscription contracts engage the EU Unfair Contract Terms Directive and national implementing legislation, which may render disproportionate limitations unenforceable against consumers. Under German law (BGB), certain liability exclusions are prohibited by statute, including for gross negligence and willful misconduct, which the clause acknowledges through the 'to the extent permitted by applicable law' qualifier. UK and US state consumer protection statutes may impose similar mandatory floors. (2) GOVERNANCE EXPOSURE: Medium. The liability cap is standard in SaaS commercial agreements and is explicitly conditioned on applicable law, which mitigates the most significant enforceability risks. However, its application to consumers (as opposed to business subscribers) creates jurisdiction-dependent exposure, as mandatory consumer protection rules in the EU and certain US states may restrict the enforceability of the cap for individual users. (3) JURISDICTION FLAGS: EU member states applying the Unfair Contract Terms Directive may scrutinize the EUR 100 floor for consumer subscribers as potentially unfair if it is disproportionate to the subscription cost or nature of the service. California, New Jersey, and other states with strong consumer protection statutes may impose additional limitations on liability caps in consumer contracts. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise and API customers with high-value use cases should assess whether the 12-month fee cap is commercially adequate relative to their operational dependency on the service. B2B contract negotiations may seek to modify this cap or obtain indemnification provisions beyond the standard terms. (5) COMPLIANCE CONSIDERATIONS: Legal teams should evaluate the enforceability of this clause separately for consumer and business subscriber populations in each market, and assess whether the clause's language adequately preserves mandatory statutory liability exceptions under applicable law.
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This provision establishes a ceiling on DeepL's financial exposure per subscriber claim. The clause is conditioned on applicable law, which preserves mandatory statutory liability under German law and may be further modified by consumer protection rules in other jurisdictions. For high-volume API or enterprise users paying significant annual fees, the 12-month payment figure could represent a meaningful cap, while for …
Under this clause, the maximum financial recovery from DeepL in connection with any claim is limited to 12 months of subscription fees paid or EUR 100, whichever is higher. Applicable mandatory consumer protection or statutory liability rules in a subscriber's jurisdiction may limit or override this cap for certain categories of loss.
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