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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.
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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 DeepL 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 285 platforms. See the full comparison.
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