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