Netflix · Netflix Terms of Use

Limitation of Liability

High severity
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What it is

Netflix limits its legal responsibility for any harm you suffer — including personal injury, financial loss, or other damages — to the maximum extent the law allows.

Consumer impact (what this means for users)

Netflix's liability limitation means that even if you suffer real financial or personal harm as a result of Netflix's service, defective software, or data breach, you cannot recover most categories of damages from Netflix under this contract.

Cross-platform context

See how other platforms handle Limitation of Liability and similar clauses.

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Why it matters (compliance & risk perspective)

This sweeping damages exclusion means that if Netflix's service causes you harm — through a security breach exposing your data, a defective device recommendation, or service failure — you have extremely limited ability to recover compensation.

View original clause language
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL NETFLIX, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: Limitation of liability clauses are governed by state contract law (UCC Article 2 where applicable, Restatement Second of Contracts) and tested against unconscionability doctrine (Cal. Civ. Code § 1670.5). Consumer protection statutes — particularly California CLRA (Cal. Civ. Code § 1770) and state UDAP laws — may override contractual liability limitations for consumer transactions. EU Directive 93/13/EEC on Unfair Terms in Consumer Contracts renders limitation of liability clauses unenforceable where they cause significant imbalance against consumers. Section 5.4 notes that non-waivable statutory rights are preserved, which partially mitigates the clause's breadth. (2)

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Applicable agencies

  • FTC
    The FTC has authority under Section 5 to challenge unfair contract terms, including sweeping liability exclusions in consumer service agreements that leave consumers without remedy for harm.
    File a complaint →
  • State AG
    State attorneys general enforce state UDAP and consumer protection statutes that may override contractual liability limitations in consumer contracts.
    File a complaint →

Provision details

Document information
Document
Netflix Terms of Use
Entity
Netflix
Document last updated
April 29, 2026
Tracking information
First tracked
April 28, 2026
Last verified
April 28, 2026
Record ID
CA-P-003908
Document ID
CA-D-00038
Evidence Provenance
Source URL
Wayback Machine
SHA-256
e55219444d903b577b195d23758b68a220657f7953d4e952df4584affc2d04b2
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Netflix | Document: Netflix Terms of Use | Record: CA-P-003908
Captured: 2026-04-28 08:52:47 UTC | SHA-256: e55219444d903b57…
URL: https://conductatlas.com/platform/netflix/netflix-terms-of-use/limitation-of-liability/
Accessed: May 2, 2026
Classification
Severity
High
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