Provision record
Modal · Modal Terms of Service · View original document ↗

Limitation of Liability Cap and Exclusion of Consequential Damages

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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

Generated by a model from the captured document; not read by a person

This provision establishes a mutual cap on aggregate liability equal to 12 months of fees under the applicable Service Order and excludes recovery of consequential and indirect damages by either party. For Customers processing high-value data or running business-critical workloads on the platform, the practical recovery ceiling may be substantially lower than potential operational losses in the event of a service failure or data breach.

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Interpretive note: Enforceability of the consequential damages waiver and liability cap may vary by jurisdiction, particularly in EU member states that impose mandatory liability minimums for certain categories of loss, and the agreement does not explicitly address carveouts for willful misconduct or fraud.

Cross-platform context

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▸ View Original Clause Language DOCUMENT RECORD
"
IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. EACH PARTY'S LIABILITY FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, 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

Provision details

Document information
Document
Modal Terms of Service
Entity
Modal
Tracking information
First captured by ConductAtlas
July 11, 2026
Text quoted from version
CA-V-007313, captured Oct. 2, 2026
Record ID
CA-P-074544
Document ID
CA-D-000653
Evidence Provenance
Source URL
Wayback Machine
Archived bytes SHA-256 (version CA-V-007313)
46c9ae7a96ee9d43e97e52620dc318f0d3c1a23dda3f43b4dc096f209c239899
Analysis generated
July 12, 2026 17:44 UTC
Methodology
Evidence
✓ Excerpt found in version CA-V-007313, captured Oct. 2, 2026 (checked Oct. 5, 2026)
Not the current version. The document's current version is CA-V-007545, captured Oct. 15, 2026; this clause has not been re-checked against it.
Citation Record
Entity: Modal
Document: Modal Terms of Service
Record ID: CA-P-074544
Version: CA-V-007313
Captured: 2026-10-02 01:18:01 UTC
SHA-256: 46c9ae7a96ee9d43…
URL: https://conductatlas.com/platform/modal/modal-terms-of-service/provision/CA-P-074544/limitation-of-liability-cap-and-exclusion-of-consequential-damages/
Accessed: Nov. 10, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Categories

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Frequently Asked Questions

What does Modal's Limitation of Liability Cap and Exclusion of Consequential Damages clause do?

This provision establishes a mutual cap on aggregate liability equal to 12 months of fees under the applicable Service Order and excludes recovery of consequential and indirect damages by either party. For Customers processing high-value data or running business-critical workloads on the platform, the practical recovery ceiling may be substantially lower than potential operational losses in the event of a …

Is ConductAtlas affiliated with Modal?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Modal.