Even if Duolingo causes you harm, the most you can recover is what you paid them in the past 12 months or $100, whichever is more — and you cannot recover for indirect losses like lost time or emotional distress.
This analysis describes what Duolingo'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 cap means that even significant harm caused by a platform failure or data breach may result in minimal financial recovery for the average user, particularly free-tier users who have paid nothing.
Interpretive note: EU and UK GDPR impose mandatory compensation rights for data protection violations that are not subject to this contractual cap; enforceability varies by jurisdiction and claim type.
Your financial recovery from Duolingo is capped at your last 12 months of payments or $100, which could be zero for free users, significantly limiting your practical legal remedies if the platform causes you harm.
How other platforms handle this
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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...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DUOLINGO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DUOLINGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL DUOLINGO'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO DUOLINGO IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM, OR $100, WHICHEVER IS GREATER.Excerpt from Duolingo's Terms of Service
REGULATORY LANDSCAPE: Liability caps are standard in consumer technology agreements and are generally enforceable in the U.S.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This cap means that even significant harm caused by a platform failure or data breach may result in minimal financial recovery for the average user, particularly free-tier users who have paid nothing.
Your financial recovery from Duolingo is capped at your last 12 months of payments or $100, which could be zero for free users, significantly limiting your practical legal remedies if the platform causes you harm.
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 Duolingo.