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This analysis describes what Modal'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 exclusion eliminates the categories of damages that are often the largest in commercial disputes, meaning that even a significant breach may yield no recoverable damages beyond direct losses.
Interpretive note: The ellipsis in the excerpt obscures whether there are exceptions to the damages exclusion (e.g., for wilful misconduct or indemnification). Confidence is medium because the full clause is not visible.
You cannot recover lost profits, business interruption losses, replacement service costs, or any special, incidental, consequential, punitive, or indirect damages from Modal, regardless of the legal theory you assert.
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"IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY ... FOR ANY, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES...Excerpt from Modal's Terms of Service
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
The exclusion eliminates the categories of damages that are often the largest in commercial disputes, meaning that even a significant breach may yield no recoverable damages beyond direct losses.
You cannot recover lost profits, business interruption losses, replacement service costs, or any special, incidental, consequential, punitive, or indirect damages from Modal, regardless of the legal theory you assert.
ConductAtlas has identified this type of provision across 292 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Modal.