This analysis describes what OpenAI'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 liability limitation establishes a defined ceiling on monetary exposure for OpenAI and its affiliated parties in dispute scenarios. This mechanism affects how damages are calculated in any claim regardless of the underlying claim's nature or the actual harm alleged, subject to legal enforceability standards in the user's jurisdiction.
Interpretive note: Enforceability of the $100 liability floor may be limited by applicable consumer protection law in certain jurisdictions, particularly in the EU and for claims involving personal injury or willful misconduct.
Users operate under terms that restrict their recoverable damages to either their prior 12 months of payments or $100, whichever is greater. This cap applies across all claims related to the services or terms, establishing a fixed upper bound on potential financial recovery in any dispute.
How other platforms handle this
To the maximum extent permitted by applicable law, in no event will Synthesia's aggregate liability to you under or in connection with this Agreement exceed the total fees paid or payable by you to Synthesia in the twelve (12) month period immediately preceding the event giving rise to the claim. In...
Google's total liability to you for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Gemini API (or, if we choose, to supplying you the services again) in the 12 months before the breach.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUOLINGO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESUL...
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"TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF OPENAI AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID OPENAI FOR USE OF THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).— Excerpt from OpenAI's OpenAI Business Terms
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The liability limitation establishes a defined ceiling on monetary exposure for OpenAI and its affiliated parties in dispute scenarios. This mechanism affects how damages are calculated in any claim regardless of the underlying claim's nature or the actual harm alleged, subject to legal enforceability standards in the user's jurisdiction.
Users operate under terms that restrict their recoverable damages to either their prior 12 months of payments or $100, whichever is greater. This cap applies across all claims related to the services or terms, establishing a fixed upper bound on potential financial recovery in any dispute.
ConductAtlas has identified this type of provision across 5 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.