Meta limits its total financial liability to users to the greater of $100 or the amount the user paid Meta in the past 12 months, and excludes liability for lost profits, lost data, and most indirect or consequential damages.
This analysis describes what Meta'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
The clause operates to define the maximum financial exposure Meta assumes under the agreement and to delineate which damage categories fall outside recoverable liability, thereby establishing predictable liability boundaries for the parties.
Interpretive note: The enforceability of the $100 liability cap and exclusion of consequential damages varies significantly by jurisdiction; EU, UK, and some state consumer protection frameworks may override these limitations in consumer contracts.
The updated terms establish a jurisdictional change for consumers. Previously, all disputes had to be resolved in California courts; now, if you are a consumer or if your country requires it, disputes must be resolved in courts within your home country under your home country's laws. For Meta's own claims against you, the agreement still requires disputes to proceed exclusively in California courts. The revised terms also now require Meta to notify you at least 30 days in advance before making changes to these Terms, and you will have the opportunity to review them before they take effect, unless changes are required by law.
View change record →This provision limits Meta's financial exposure to users to $100 or 12 months of paid fees (whichever is greater), and excludes liability for lost data, lost revenue, and indirect damages. In jurisdictions where consumer protection law limits exclusion of liability, this cap may not apply in full.
How other platforms handle this
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...
IN NO EVENT WILL DEEPSEEK OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF DEEPSEEK OR ITS AFFILIATES HAVE ...
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PERPLEXITY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS O...
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"To the extent permitted by law, the aggregate liability of Meta and its affiliates for any claims arising from or relating to these Terms and our Products will not exceed the greater of $100 or the amount you have paid us in the past twelve months. To the extent permitted by law, we will not be liable for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we have been advised of the possibility of such damages.— Excerpt from Meta's Meta Terms of Service
REGULATORY LANDSCAPE: Liability exclusion clauses in consumer contracts may be unenforceable in whole or in part under EU Directive 93/13/EEC on unfair contract terms, which prohibits clauses that inappropriately limit the liability of service providers in consumer contracts. The UK Consumer Rights Act similarly provides protections against unfair limitation of liability in consumer contracts. The FTC Act may be engaged where the limitation of liability clause is applied in ways that are unfair or deceptive to consumers. GOVERNANCE EXPOSURE: Medium. The $100 aggregate cap is standard boilerplate for free consumer internet services but may face enforceability challenges in EU and UK consumer contexts. For business users who rely on Meta platforms for revenue-generating activities, the exclusion of lost profits and data damages creates significant unrecovered risk exposure. JURISDICTION FLAGS: EU/EEA and UK consumers may retain statutory rights that override this limitation, particularly where losses result from Meta's negligence or breach of mandatory legal obligations. In some EU member states, liability for death or personal injury cannot be limited by contract. California consumers may have additional rights under state consumer protection law. CONTRACT AND VENDOR IMPLICATIONS: Businesses and developers building commercial services on Meta platforms should treat the $100 liability cap as effectively zero financial recourse from Meta in the event of platform outages, data loss, or account termination, and should procure appropriate insurance or contractual protections elsewhere in their supply chain. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether this limitation of liability is consistent with their organization's risk management framework, particularly where significant business operations depend on Meta platform availability or data integrity.
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The clause operates to define the maximum financial exposure Meta assumes under the agreement and to delineate which damage categories fall outside recoverable liability, thereby establishing predictable liability boundaries for the parties.
This provision limits Meta's financial exposure to users to $100 or 12 months of paid fees (whichever is greater), and excludes liability for lost data, lost revenue, and indirect damages. In jurisdictions where consumer protection law limits exclusion of liability, this cap may not apply in full.
ConductAtlas has identified this type of provision across 226 platforms. See the full comparison.
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