If Docusign causes you harm, the maximum amount they must pay you is whatever fees you paid them in the past year — even if the actual damage is much greater.
This clause means that even if Docusign's platform failure causes a user to lose a multi-million dollar contract, the maximum recovery is limited to one year of subscription fees — which could be as low as a few hundred dollars for individual or SMB users.
Cross-platform context
See how other platforms handle Limitation of Liability — 12-Month Fee Cap and similar clauses.
Compare across platforms →For users who rely on Docusign for high-value legally binding agreements, this cap could leave them severely undercompensated if a service failure causes a major legal or financial loss.
1) REGULATORY FRAMEWORK: Liability limitation clauses in B2B SaaS agreements are generally enforceable under the Uniform Commercial Code (UCC Article 2) and common law contract principles, but courts may strike unconscionable caps in consumer contexts. State consumer protection statutes, including California's CLRA (Cal. Civ. Code §1770(a)(19)), prohibit contractual limitations that waive consumer protections in certain contexts. EU Directive 93/13/EEC on unfair contract terms may render such caps unenforceable against consumers in EU jurisdictions. 2)
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