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
This clause establishes the maximum financial exposure OpenAI will bear for claims under the agreement, which defines the scope of recoverable damages in any dispute regardless of the nature or amount of alleged harm. The cap operates as a defined limitation on the service provider's aggregate liability across all potential claim categories.
Interpretive note: The enforceability of the 100 EUR cap against EU consumers depends on national implementations of the Unfair Contract Terms Directive; the clause acknowledges this by stating it applies only 'to the extent permitted by law.'
Under this provision, users' recoverable damages in any claim are contractually capped at either their 12-month payments to OpenAI or EUR 100, whichever is greater. This mechanism applies whether claims arise from service failure, data incidents, or other performance-related disputes covered by the Terms.
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"To the extent permitted by law, OpenAI's total liability to you for any claims arising from or related to these Terms or the Services is limited to the greater of (a) the amount you paid to OpenAI in the 12 months before the claim arose, or (b) EUR 100.— Excerpt from OpenAI's OpenAI EU Terms of Use
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This clause establishes the maximum financial exposure OpenAI will bear for claims under the agreement, which defines the scope of recoverable damages in any dispute regardless of the nature or amount of alleged harm. The cap operates as a defined limitation on the service provider's aggregate liability across all potential claim categories.
Under this provision, users' recoverable damages in any claim are contractually capped at either their 12-month payments to OpenAI or EUR 100, whichever is greater. This mechanism applies whether claims arise from service failure, data incidents, or other performance-related disputes covered by the Terms.
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