eBay limits its financial responsibility to you: it will not pay for lost profits, lost data, or indirect harms even if those losses result from eBay's own actions or service failures.
This analysis describes what eBay'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 clause operates to define the scope of financial exposure eBay assumes under the agreement by categorically excluding entire classes of damages from recoverable amounts, thereby establishing the outer boundary of the company's contractual liability regardless of the underlying cause or severity of service disruption.
Interpretive note: Enforceability of this limitation against consumers in EU, UK, and certain US states depends on applicable mandatory consumer protection law, which may override contractual exclusions regardless of what the agreement states.
If eBay's services fail and you lose money, data, or business opportunities as a result, the agreement limits eBay's financial liability — meaning you bear the risk of those losses even if eBay is at fault.
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In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
IN NO EVENT WILL DEEPSEEK OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF DEEPSEEK OR ITS AFFILIATES HAVE ...
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PERPLEXITY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS O...
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"In no event shall we (including our parent, subsidiaries, affiliates, officers, directors, agents, employees, suppliers, or licensors) be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of or inability to use the Services.— Excerpt from eBay's eBay User Agreement
REGULATORY LANDSCAPE: Broad limitations of liability in consumer contracts engage EU consumer protection law, which prohibits terms that exclude or limit liability for death, personal injury, or fraud caused by the trader, and may scrutinize disproportionate exclusions of consumer remedies. UK consumer rights law similarly restricts unfair liability exclusions in standard-form consumer contracts. In the US, such clauses are generally enforceable subject to state-level consumer protection standards. GOVERNANCE EXPOSURE: Medium. Broad liability exclusions are standard in platform agreements but create regulatory exposure in EU and UK markets where consumer law limits the extent of permitted exclusions. For business users, this clause is generally enforceable but should be assessed against specific loss categories relevant to their platform dependence. JURISDICTION FLAGS: EU and UK users retain statutory consumer rights that cannot be excluded by contract, so this clause may be partially or fully unenforceable against consumers in those jurisdictions. California's consumer protection framework may also limit certain exclusions. Sellers with high-volume, high-value transaction dependencies face greater practical exposure from this limitation than occasional consumer-buyers. CONTRACT AND VENDOR IMPLICATIONS: Business sellers should assess whether the limitation of liability is consistent with the risk profile of their platform dependence and whether contractual risk transfer (through insurance or separate agreements) is appropriate. API developers and enterprise partners should evaluate this clause in conjunction with any separate API or developer agreements that may contain different liability terms. COMPLIANCE CONSIDERATIONS: Legal teams in EU and UK jurisdictions should flag this clause for review against Unfair Contract Terms regulations to determine which exclusions may be unenforceable locally. US compliance programs should note that this clause does not limit eBay's liability for fraud, intentional misconduct, or in jurisdictions where such exclusions are prohibited by statute.
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The clause operates to define the scope of financial exposure eBay assumes under the agreement by categorically excluding entire classes of damages from recoverable amounts, thereby establishing the outer boundary of the company's contractual liability regardless of the underlying cause or severity of service disruption.
If eBay's services fail and you lose money, data, or business opportunities as a result, the agreement limits eBay's financial liability — meaning you bear the risk of those losses even if eBay is at fault.
ConductAtlas has identified this type of provision across 227 platforms. See the full comparison.
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