The agreement caps LlamaIndex's total liability for any claims at the greater of amounts paid by the user or $100 USD, and excludes all indirect, consequential, punitive, and exemplary damages including loss of data, profits, or goodwill.
This analysis describes what LlamaIndex'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 a combined damages exclusion and aggregate liability cap that limits LlamaIndex's financial exposure to $100 or amounts paid, whichever is greater, regardless of the nature or extent of harm alleged. The exclusion of data loss damages is particularly relevant given that the Service processes user documents and data.
Interpretive note: The enforceability of the $100 liability cap and consequential damages exclusions varies by jurisdiction and user category; the document acknowledges that applicable law may limit these provisions, and their application in consumer contexts in various states and under EU law is not addressed.
Under this clause, users' ability to recover damages from LlamaIndex for claims arising from the Service is capped at the greater of fees paid or $100 USD, and the agreement excludes recovery for loss of data, loss of profits, and other indirect or consequential damages. Some jurisdictions do not permit these exclusions, and the agreement acknowledges that applicable law may limit their effect.
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Compare across platforms →"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY LLAMAINDEX INDEMNITEE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY PORTION THEREOF. IN NO EVENT WILL ANY LLAMAINDEX INDEMNITEE BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER.Excerpt from LlamaIndex's Terms of Service
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This provision establishes a combined damages exclusion and aggregate liability cap that limits LlamaIndex's financial exposure to $100 or amounts paid, whichever is greater, regardless of the nature or extent of harm alleged. The exclusion of data loss damages is particularly relevant given that the Service processes user documents and data.
Under this clause, users' ability to recover damages from LlamaIndex for claims arising from the Service is capped at the greater of fees paid or $100 USD, and the agreement excludes recovery for loss of data, loss of profits, and other indirect or consequential damages. Some jurisdictions do not permit these exclusions, and the agreement acknowledges that applicable law may …
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