This analysis describes what DocuSign'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
This clause operates as a quantified liability limitation that defines the maximum financial exposure DocuSign accepts for any claim or dispute. The cap creates a defined ceiling for damages calculations across all liability theories and claim categories.
Users operating under these terms accept that any damages award or settlement in a dispute will be capped at the amount paid in fees during the prior 12 months, regardless of the actual losses claimed. This applies to all claims arising from the service or agreement terms, subject to applicable law exceptions.
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF DOCUSIGN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, SHALL NOT EXCEED THE FEES YOU PAID TO DOCUSIGN DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.— Excerpt from DocuSign's DocuSign Terms and Conditions
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This clause operates as a quantified liability limitation that defines the maximum financial exposure DocuSign accepts for any claim or dispute. The cap creates a defined ceiling for damages calculations across all liability theories and claim categories.
Users operating under these terms accept that any damages award or settlement in a dispute will be capped at the amount paid in fees during the prior 12 months, regardless of the actual losses claimed. This applies to all claims arising from the service or agreement terms, subject to applicable law exceptions.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
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