Meta makes no guarantees about the reliability or quality of its developer platform and will not pay developers for lost profits, lost data, or business disruption — even if the disruption is Meta's fault.
Combined with the unilateral termination right, this provision means developers can lose access to Meta's platform, suffer major business losses, and have no legal recourse against Meta for consequential damages — a highly asymmetric risk allocation.
If a Meta platform outage or sudden API termination causes an app you use to fail or lose your data, developers have no ability to recover consequential damages from Meta — meaning the financial risk of Meta platform failures ultimately falls on developers and end users, not Meta.
How other platforms handle this
LinkedIn makes no representation or warranty about the Services, including any representation that the Services will be uninterrupted or error-free, and provide the Services (including content and information) on an 'as is' and 'as available' basis.
Step 4: Comply with PayPal's shipping requests in a timely manner, if you're filing a Significantly Not as Described claim. PayPal may require you, at your expense, to ship the item back to the seller, to PayPal or to a third party (which will be specified by PayPal) and to provide proof of delivery...
The Service and all materials included therein (whether housed on the Service alone or also on a third-party platform) are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including the implied warranties of merchantability or fitness for a par...
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(1) REGULATORY FRAMEWORK: This provision is primarily governed by US contract and tort law (UCC warranty disclaimers, common law limitation of liability). In the EU, the Digital Services Act (DSA) and national consumer protection laws (e.g., German BGB §309, UK Consumer Rights Act 2015 s.62) may limit enforceability of consequential damage waivers against consumers, though Meta's Platform Terms govern business-to-business (B2B) relationships. GDPR Art. 82 provides an independent right of data subjects to claim compensation from controllers and processors for GDPR violations, which cannot be contractually waived. The EU DMA's fairness provisions may also scrutinize liability terms that are disproportionately unfavorable to business users. (2)
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Watch MetaCombined with the unilateral termination right, this provision means developers can lose access to Meta's platform, suffer major business losses, and have no legal recourse against Meta for consequential damages — a highly asymmetric risk allocation.
If a Meta platform outage or sudden API termination causes an app you use to fail or lose your data, developers have no ability to recover consequential damages from Meta — meaning the financial risk of Meta platform failures ultimately falls on developers and end users, not Meta.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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