The agreement establishes two aggregate liability thresholds: a standard cap at the greater of 12 months of paid fees or $250,000, and an elevated cap for data breach and confidentiality claims at the greater of twice 12 months of paid fees or $500,000. Certain claims are excluded from these caps, including payment obligations, indemnification obligations, and claims for gross negligence or intentional misconduct.
This analysis describes what Harvey AI'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
This provision establishes the maximum recoverable damages under the agreement for most claim types and sets a distinct higher threshold for data breach and confidentiality-related claims. Compliance teams should map their actual annual fee payments against these caps to assess whether the contractual risk transfer is adequate relative to the organization's data exposure.
Under this clause, the agreement limits aggregate liability for most claims to $250,000 or 12 months of fees, whichever is greater. Claims arising from data breaches or confidentiality breaches are subject to a separate higher cap of $500,000 or twice 12 months of fees.
Cross-platform context
See how other platforms handle Differentiated Liability Caps and similar clauses.
Compare across platforms →"in no event will either party's total liability to the other party or any third party for all claims in the aggregate (for damages or liability of any type) in connection with these Terms exceed the greater of (x) the amount actually paid or payable to Harvey by You in the prior 12 months relating to Your use the Service or (y) $250,000 (the "Liability Cap"). For claims relating to data breaches of Your Customer Data caused by Harvey's breach of its obligations under our Security Addendum or the DPA, as well as either party's breach of its obligations relating to confidentiality, total liability to the other party or any third party for all claims in the aggregate (for damages or liability of any type) in connection with these Terms will not exceed the greater of (x) two times the amount actually paid or payable to Harvey by You in the prior 12 months relating to Your use of the Service or (y) $500,000 (the "Data Breach Cap").Excerpt from Harvey AI's Terms of Service
(1) REGULATORY LANDSCAPE: Contractual liability caps engage general commercial contract law under California law (for non-EEA/UK customers) or English and Welsh law (for EEA/UK customers).
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
This provision establishes the maximum recoverable damages under the agreement for most claim types and sets a distinct higher threshold for data breach and confidentiality-related claims. Compliance teams should map their actual annual fee payments against these caps to assess whether the contractual risk transfer is adequate relative to the organization's data exposure.
Under this clause, the agreement limits aggregate liability for most claims to $250,000 or 12 months of fees, whichever is greater. Claims arising from data breaches or confidentiality breaches are subject to a separate higher cap of $500,000 or twice 12 months of fees.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Harvey AI.