Ideogram limits its total liability to you to either $100 or the amount you paid in the past 12 months, whichever is more, and excludes consequential or punitive damages entirely.
This analysis describes what Ideogram'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
If Ideogram's service causes you significant harm, such as loss of commercially valuable generated content or a data breach, your ability to recover meaningful compensation through the agreement's terms is capped at $100 for free users.
Free users face a $100 maximum recovery under the agreement's terms for any harm caused by Ideogram, regardless of the actual value of losses incurred; applicable law may provide additional protections beyond this contractual cap in some jurisdictions.
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"TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER IDEOGRAM NOR ANY OF THE OTHER IDEOGRAM PARTIES WILL BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA, WHETHER INCURRED DIRECTLY OR INDIRECTLY, EVEN IF THE IDEOGRAM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE IDEOGRAM PARTIES' AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES WILL NOT EXCEED THE GREATER OF (I) $100 OR (II) THE AMOUNT YOU PAID IDEOGRAM IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.— Excerpt from Ideogram's Ideogram Terms of Service
REGULATORY LANDSCAPE: Liability caps of this nature are common in software and platform agreements but may be subject to challenge under consumer protection law in the EU (Consumer Rights Directive), UK, Australia, and certain U.S. states where such caps are deemed unconscionable or contrary to statutory rights. The 'to the maximum extent permitted by law' qualifier preserves some jurisdictional flexibility. GOVERNANCE EXPOSURE: Medium. The $100 cap is standard for consumer-tier AI platform agreements but creates meaningful exposure for business users generating commercially valuable content whose loss or misuse could exceed this cap by orders of magnitude. Enterprise users relying on generated outputs for commercial purposes face uncompensated risk under this provision. JURISDICTION FLAGS: EU member states may not permit exclusion of liability for gross negligence or intentional acts. UK Consumer Rights Act provisions may limit the enforceability of this cap for consumer users. California unfair business practices law may constrain certain applications of this cap where it would leave consumers without meaningful remedy. CONTRACT AND VENDOR IMPLICATIONS: Organizations procuring Ideogram for enterprise use should negotiate separate liability provisions, as the $100 cap is unlikely to be commercially acceptable for business-critical applications. Procurement teams should treat this as a standard contract review trigger for any enterprise deployment. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the liability cap creates unacceptable residual risk for specific use cases, particularly those involving sensitive or commercially valuable AI-generated content, and seek contractual amendments or insurance coverage as appropriate.
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If Ideogram's service causes you significant harm, such as loss of commercially valuable generated content or a data breach, your ability to recover meaningful compensation through the agreement's terms is capped at $100 for free users.
Free users face a $100 maximum recovery under the agreement's terms for any harm caused by Ideogram, regardless of the actual value of losses incurred; applicable law may provide additional protections beyond this contractual cap in some jurisdictions.
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