“Each Party's total aggregate liability under this Agreement in any 12-month period...shall be limited to the charges paid or payable during the 12 months immediately preceding the date on which the claim arose.”
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 cap directly limits the maximum financial recovery available to either party regardless of the magnitude of actual harm suffered.
The updated terms explicitly state that audio files are now included in the definition of 'Content' and that all Content is processed by DeepL's machine learning infrastructure. This formalizes what may have been implicit practice and clarifies the scope of data subject to machine learning processing. The terms also introduce a new access method through third-party AI assistant applications via DeepL's Model Context Protocol endpoint; usage through this pathway counts toward your subscription's usage limits and volumes. You can review the Service Specification for details on how third-party application access operates.
View change record →The customer's ability to recover damages from DeepL is capped at the fees paid or payable in the 12 months before the claim arose, no matter how large the actual loss.
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"Each Party's total aggregate liability under this Agreement in any 12-month period...shall be limited to the charges paid or payable during the 12 months immediately preceding the date on which the claim arose.Excerpt from DeepL's Terms and Conditions
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The cap directly limits the maximum financial recovery available to either party regardless of the magnitude of actual harm suffered.
The customer's ability to recover damages from DeepL is capped at the fees paid or payable in the 12 months before the claim arose, no matter how large the actual loss.
ConductAtlas has identified this type of provision across 280 platforms. See the full comparison.
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