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 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 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.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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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.
ConductAtlas has identified this type of provision across 286 platforms. See the full comparison.
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