Descript's legal liability to you is very limited; the company is not responsible for losses of data, content, profits, or other harm resulting from your use of the service, even if the service fails.
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
If Descript loses your content, its systems fail, or you suffer financial harm from reliance on the platform, these terms significantly restrict your ability to recover damages from the company.
Interpretive note: The enforceability of this limitation depends on jurisdiction; EU and UK consumer protection law and applicable state consumer protection statutes may limit how broadly these exclusions apply in practice.
This clause means that if Descript's platform deletes your work, experiences a data breach, or fails in a way that harms you financially, your ability to recover damages from the company is significantly limited under these terms.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DESCRIPT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DESCRIPT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY LOSS OF DATA OR CONTENT.— Excerpt from Descript's Descript Terms of Service
REGULATORY LANDSCAPE: Broad limitations of liability in consumer contracts may be subject to unconscionability challenges and may conflict with consumer protection statutes in the EU, UK, and several US states. Under GDPR, data controllers retain liability for data breaches and unlawful processing regardless of contractual limitations of liability in service terms. The FTC's authority over unfair practices may also constrain how broadly these limitations can be asserted against consumers. GOVERNANCE EXPOSURE: Medium. The explicit exclusion of liability for loss of data and content is particularly significant for users who store valuable creative assets on the platform. The phrase 'to the maximum extent permitted by applicable law' provides some acknowledgment that these limitations may not be fully enforceable in all jurisdictions. JURISDICTION FLAGS: EU and UK consumer protection law limits the enforceability of blanket liability exclusions against consumers. California's Unfair Competition Law may also limit certain liability waivers. Illinois and New York have consumer protection frameworks that courts have used to limit overreaching liability disclaimers. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers should negotiate separate service level agreements with defined liability caps, indemnification provisions, and data loss remedies that supersede these general terms. The standard terms' liability limitations are unlikely to be acceptable for enterprise deployments involving sensitive or high-value content. COMPLIANCE CONSIDERATIONS: Organizations that store regulated data (such as health information, financial data, or personal employee data) on Descript's platform should evaluate whether this limitation of liability is compatible with their own regulatory obligations and internal data governance requirements. External backup and content management strategies should be implemented to reduce exposure to data loss.
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If Descript loses your content, its systems fail, or you suffer financial harm from reliance on the platform, these terms significantly restrict your ability to recover damages from the company.
This clause means that if Descript's platform deletes your work, experiences a data breach, or fails in a way that harms you financially, your ability to recover damages from the company is significantly limited under these terms.
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