Jasper's financial responsibility to you is capped at whatever you paid them in the last 12 months, and they are not liable for any indirect or consequential damages, no matter how significant the harm.
This analysis describes what Jasper 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
If Jasper's platform causes significant business losses, data breaches, or other downstream harm, the most you can recover is your recent subscription fees, which may be far less than your actual losses.
Users who experience significant harm, such as data loss, IP infringement from AI outputs, or business disruption, can only recover a limited amount tied to their subscription spend, not their actual damages.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
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"IN NO EVENT WILL JASPER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO JASPER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM. IN NO EVENT WILL JASPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.— Excerpt from Jasper AI's Jasper Terms of Service
1) REGULATORY LANDSCAPE: Limitation of liability clauses are generally enforceable in commercial contracts under U.S. law, but their application to consumer contracts may face scrutiny under state consumer protection statutes. In the EU, certain liability limitations may be unenforceable under consumer contract directives. GDPR Article 82 also provides data subjects a right to compensation that contractual liability caps cannot fully extinguish for data protection violations. 2) GOVERNANCE EXPOSURE: Medium. The 12-month cap is standard in SaaS agreements for B2B contexts but creates material exposure for enterprise users who suffer significant losses from AI-generated content errors, data incidents, or service outages. The exclusion of consequential damages amplifies this exposure for users with complex operational dependencies on the platform. 3) JURISDICTION FLAGS: EU/EEA users retain statutory rights under GDPR that may supersede contractual liability limits for data protection claims. California and other states may limit liability cap enforceability in consumer-facing agreements. UK users may have similar protections under the Consumer Rights Act. 4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers negotiating MSAs should consider whether the 12-month cap is adequate given their use case volume and data sensitivity. Procurement teams should assess whether professional indemnity or cyber liability insurance can bridge the gap between the contractual cap and actual business risk. 5) COMPLIANCE CONSIDERATIONS: Legal teams reviewing vendor contracts should flag this cap in risk registers and ensure it is disclosed to internal business units relying on Jasper for revenue-generating or compliance-sensitive content. Organizations subject to GDPR should confirm whether Jasper's DPA addresses liability for data protection breaches separately from this general limitation.
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If Jasper's platform causes significant business losses, data breaches, or other downstream harm, the most you can recover is your recent subscription fees, which may be far less than your actual losses.
Users who experience significant harm, such as data loss, IP infringement from AI outputs, or business disruption, can only recover a limited amount tied to their subscription spend, not their actual damages.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Jasper AI.