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.
How other platforms handle this
OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
Teladoc Health disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.
we will not be liable or responsible for any loss or damage of any sort incurred as the result of any correspondence or dealing solely between you any third party.
"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 Terms of Service
Get the weekly coverage letter
Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
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 281 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Modal.