“IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF DATA, LOST REVENUES, LOST BUSINESS OPPORTUNITIES...”
This analysis describes what Descript'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 exclusion eliminates the categories of damages most likely to reflect real-world harm from service failures — lost data, lost revenue, and consequential losses — leaving only direct damages potentially recoverable.
Interpretive note: The excerpt ends with an ellipsis, so additional excluded categories may exist beyond those stated in the canonical claim.
The reader cannot recover from Descript for lost profits, lost data, lost revenues, lost business opportunities, or any indirect, consequential, special, exemplary, incidental, or punitive damages.
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"IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF DATA, LOST REVENUES, LOST BUSINESS OPPORTUNITIES...Excerpt from Descript's Terms of Service
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The exclusion eliminates the categories of damages most likely to reflect real-world harm from service failures — lost data, lost revenue, and consequential losses — leaving only direct damages potentially recoverable.
The reader cannot recover from Descript for lost profits, lost data, lost revenues, lost business opportunities, or any indirect, consequential, special, exemplary, incidental, or punitive damages.
ConductAtlas has identified this type of provision across 280 platforms. See the full comparison.
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