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 cap means that regardless of the magnitude of harm suffered, Descript's maximum financial exposure is either $10.00 or the fees paid — which for free-tier users is exactly $10.00.
The reader's recoverable damages against Descript are capped at the greater of $10.00 or fees actually paid, no matter how large the actual loss.
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"IN NO EVENT SHALL OUR AGGREGATE LIABILITY...EXCEED THE GREATER OF $10.00 OR THE COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE DESCRIPT SERVICE GIVING RISE TO YOUR CLAIM.— Excerpt from Descript's Descript Terms of Service
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The cap means that regardless of the magnitude of harm suffered, Descript's maximum financial exposure is either $10.00 or the fees paid — which for free-tier users is exactly $10.00.
The reader's recoverable damages against Descript are capped at the greater of $10.00 or fees actually paid, no matter how large the actual loss.
ConductAtlas has identified this type of provision across 288 platforms. See the full comparison.
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