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
For free or low-cost plan users, this cap may be as low as $100 regardless of actual harm caused, including harm from lost or compromised legally binding documents.
Interpretive note: Enforceability of the $100 floor against consumers may vary by jurisdiction; EU and some US state consumer protection frameworks may not allow liability to be so substantially limited.
If DocuSign's service fails and causes you a significant business or legal harm, your financial recovery is capped at a small amount; users who pay little or nothing for DocuSign may find this cap covers only a fraction of their actual losses.
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A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
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"IN NO EVENT WILL DOCUSIGN'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL FEES PAID BY YOU TO DOCUSIGN IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY OR ONE HUNDRED DOLLARS ($100). IN NO EVENT WILL DOCUSIGN BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.Excerpt from DocuSign's Terms and Conditions
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For free or low-cost plan users, this cap may be as low as $100 regardless of actual harm caused, including harm from lost or compromised legally binding documents.
If DocuSign's service fails and causes you a significant business or legal harm, your financial recovery is capped at a small amount; users who pay little or nothing for DocuSign may find this cap covers only a fraction of their actual losses.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by DocuSign.