This analysis describes what Google'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 provision operationalizes Google's risk allocation by defining the scope and ceiling of financial exposure across all potential claims. This establishes predictable liability boundaries for the company and defines the maximum compensation framework available to users for any alleged breaches or failures under the terms.
Interpretive note: Enforceability of the liability cap varies significantly by jurisdiction; EU, UK, and some US state consumer protection laws may override or limit this provision in practice.
The updated terms state that Google provides services using 'reasonable skill and care' rather than disclaiming warranties entirely under 'as is' language. Previously, the terms disclaimed all warranties except those explicitly stated in service-specific terms. The revised language now acknowledges that both law and the terms give users rights to a certain quality of service and ways to fix problems if things go wrong. The terms establish a process in which users are expected to notify Google if service quality falls short, and Google commits to working with users to resolve the issue. This represents a shift from a liability-limiting warranty structure to one that acknowledges affirmative quality obligations.
View change record →The updated terms materially reduce service quality commitments. The revised language replaces Google's prior commitment to provide services using "reasonable skill and care" with an explicit as-is disclaimer stating that services are provided "without any express or implied warranties" unless stated in service-specific terms. The updated terms now explicitly apply to all users whether signed in to a Google account or not, extending their scope. Google also clarifies that its Privacy Policy applies to service use. These changes establish that users have fewer contractual recourse options if services fail to function as expected, except where service-specific additional terms or applicable law provide otherwise.
View change record →Users operate under a damages framework where recoverable amounts are capped at the greater of $500 or three months of service fees paid, and where entire categories of damages—including lost profits, lost data, and consequential damages—are excluded from recovery regardless of the underlying claim. This mechanism applies to all disputes arising under the agreement.
How other platforms handle this
To the maximum extent permitted by applicable law, in no event will Synthesia's aggregate liability to you under or in connection with this Agreement exceed the total fees paid or payable by you to Synthesia in the twelve (12) month period immediately preceding the event giving rise to the claim. In...
Google's total liability to you for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Gemini API (or, if we choose, to supplying you the services again) in the 12 months before the breach.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUOLINGO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESUL...
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"To the extent permitted by law, Google, and Google's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of Google, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again) in the three months before the dispute arises, or, if greater, $500 USD.— Excerpt from Google's Google Terms of Service
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The provision operationalizes Google's risk allocation by defining the scope and ceiling of financial exposure across all potential claims. This establishes predictable liability boundaries for the company and defines the maximum compensation framework available to users for any alleged breaches or failures under the terms.
Users operate under a damages framework where recoverable amounts are capped at the greater of $500 or three months of service fees paid, and where entire categories of damages—including lost profits, lost data, and consequential damages—are excluded from recovery regardless of the underlying claim. This mechanism applies to all disputes arising under the agreement.
ConductAtlas has identified this type of provision across 7 platforms. See the full comparison.
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