Provision record
Epic Games · Epic Games Terms of Service · View original document ↗

Limitation of Liability

Medium severity High confidence Explicit document language Common · 286 of 352 platforms
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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

For users who spend significant amounts on in-game content over time, this cap means that even if Epic is responsible for a major loss of access or financial harm, your legal recovery is capped at a relatively small amount compared to total lifetime spending.

Clause Stability Stable

0
Changes
5
Months Monitored
Apr 3, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 4261 other provisions on other platforms.

Change history

modified May 28, 2026

The severity was downgraded from 'high' to 'medium' in the current version, and specific quantified liability caps ($100 USD or 6-month payment history) were added.

View full change record →

Consumer impact (what this means for users)

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.

How other platforms handle this

ActiveCampaign Medium

If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.

Leonardo AI Medium

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...

Netflix Medium

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.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
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 Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

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 …

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Epic Games Terms of Service
Entity
Epic Games
Document last updated
May 5, 2026
Tracking information
First tracked
May 10, 2026
Last verified
May 10, 2026
Record ID
CA-P-000642
Document ID
CA-D-00087
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
d068c1d1a4d746cf14567194f5f2da89727f9f10509d25972440dc3f3025fc1f
Analysis generated
May 10, 2026 08:39 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Epic Games
Document: Epic Games Terms of Service
Record ID: CA-P-000642
Captured: 2026-05-10 08:39:22 UTC
SHA-256: d068c1d1a4d746cf…
URL: https://conductatlas.com/platform/epic-games/epic-games-terms-of-service/provision/CA-P-000642/limitation-of-liability/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Epic Games's Limitation of Liability clause do?

For users who spend significant amounts on in-game content over time, this cap means that even if Epic is responsible for a major loss of access or financial harm, your legal recovery is capped at a relatively small amount compared to total lifetime spending.

How does this clause affect you?

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.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 286 platforms. See the full comparison.

Is ConductAtlas affiliated with Epic Games?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Epic Games.