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 cap limits the maximum financial exposure of both parties regardless of the actual magnitude of harm suffered, which may be far greater than twelve months of fees.
Your ability to recover damages from Modal is capped at what you paid or owed Modal in the prior twelve months, no matter how large your actual loss.
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If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
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"EACH PARTY'S LIABILITY FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT ... SHALL NOT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE BY CUSTOMER UNDER THE APPLICABLE SERVICE ORDER DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.— Excerpt from Modal's Modal Terms of Service
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The cap limits the maximum financial exposure of both parties regardless of the actual magnitude of harm suffered, which may be far greater than twelve months of fees.
Your ability to recover damages from Modal is capped at what you paid or owed Modal in the prior twelve months, no matter how large your actual loss.
ConductAtlas has identified this type of provision across 288 platforms. See the full comparison.
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