If something goes wrong and Epic is at fault, the most you can typically recover from them is either what you paid in the last six months or $100, whichever is higher, and you cannot claim for wider financial losses.
This analysis describes what Epic Games'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 liability limitation restricts the maximum recoverable amount in disputes and eliminates recovery categories for indirect or derivative damages, thereby defining the financial exposure parameters Epic accepts under the agreement.
A user who has spent thousands of dollars on Fortnite cosmetics over years but loses account access would have their potential legal recovery capped at only six months of payments, or $100 minimum, under this clause, significantly limiting the practical value of any legal claim against Epic.
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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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"TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EPIC'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF LICENSED PRODUCTS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO EPIC IN THE 6 MONTHS BEFORE THE CLAIM AROSE OR (B) ONE HUNDRED DOLLARS ($100 USD). EPIC IS NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND (INCLUDING ANY LOSS OF REVENUE, PROFITS, BUSINESS, OR GOODWILL).— Excerpt from Epic Games's Epic Games Terms of Service
REGULATORY LANDSCAPE: Liability limitation clauses in consumer contracts are subject to reasonableness and fairness tests in the EU under the Unfair Contract Terms Directive and in the UK under the Consumer Rights Act 2015, which generally prohibits terms that limit liability for breach of statutory rights in consumer contracts. In U.S. consumer contracts, such caps are generally enforceable but may face scrutiny if they effectively eliminate any meaningful remedy. The FTC Act's prohibition on unfair or deceptive practices may be relevant if the cap is applied in circumstances where consumers have paid substantial sums. GOVERNANCE EXPOSURE: Medium. The six-month lookback window for calculating the liability cap means long-term users with large accumulated content libraries have limited practical recovery. The exclusion of consequential, punitive, and special damages is standard in commercial contracts but may be constrained by consumer protection law in certain jurisdictions. JURISDICTION FLAGS: EU and UK consumers benefit from consumer protection frameworks that may render this liability cap unenforceable to the extent it conflicts with statutory rights. Australian Consumer Law also provides minimum guarantees that cannot be excluded. In the U.S., the cap is likely enforceable in most states under federal arbitration and commercial law principles, though some states may apply additional consumer protections. CONTRACT AND VENDOR IMPLICATIONS: For organizations using Epic services in a business context, the $100 floor is particularly notable as it provides minimal protection relative to potential enterprise-level losses. B2B procurement teams should assess whether supplemental indemnification or insurance coverage is appropriate given this limitation. COMPLIANCE CONSIDERATIONS: Legal teams in EU and UK markets should assess whether localized terms provide the statutory minimum consumer remedies that cannot be excluded under local law, as the global agreement's liability cap may not reflect the actual enforceable terms in those jurisdictions. Compliance documentation should record the jurisdictional carve-outs applied to this clause.
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The liability limitation restricts the maximum recoverable amount in disputes and eliminates recovery categories for indirect or derivative damages, thereby defining the financial exposure parameters Epic accepts under the agreement.
A user who has spent thousands of dollars on Fortnite cosmetics over years but loses account access would have their potential legal recovery capped at only six months of payments, or $100 minimum, under this clause, significantly limiting the practical value of any legal claim against Epic.
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