The agreement excludes OpenRouter's liability for indirect, incidental, special, consequential, or punitive damages arising from service use, inability to access the service, third-party conduct, content obtained from the service, or unauthorized access to user transmissions, to the fullest extent permitted by applicable law.
This analysis describes what OpenRouter'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 provision limits OpenRouter's financial exposure for a broad range of loss categories including lost profits, data loss, and consequential damages arising from service interruptions or third-party AI model outputs. The limitation applies across all legal theories and regardless of prior notice of potential damage.
Interpretive note: The enforceability of the consequential damages exclusion varies by jurisdiction; EU, UK, and certain US state consumer protection laws may limit its application in consumer-facing contexts.
This new provision significantly limits OpenRouter's liability exposure for damages arising from service use or unavailability.
View full change record →Under this clause, OpenRouter's liability for service disruptions, data loss, third-party model outputs, and unauthorized access to user content is limited to the categories specified, excluding indirect and consequential damages to the fullest extent permitted by applicable law. The practical scope of this limitation may vary by jurisdiction, as some laws do not permit full exclusion of consequential damages.
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You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
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"TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL OPENROUTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.— Excerpt from OpenRouter's OpenRouter Terms of Service
1) REGULATORY LANDSCAPE: Limitation of liability clauses are subject to jurisdictional constraints; EU consumer protection law and certain state laws may limit the enforceability of broad consequential damage exclusions against consumers. The EU Product Liability Directive and AI Liability Directive proposals may impose obligations on AI service providers that interact with broad liability exclusions. California law may restrict enforcement of some limitation clauses in consumer contracts. 2) GOVERNANCE EXPOSURE: Medium. The limitation of liability is structurally standard for API and SaaS platforms but has particular operational significance given that the service routes calls to third-party AI models whose outputs OpenRouter does not control. Enterprise users relying on the service for critical business processes should assess whether this limitation is consistent with their risk management requirements. 3) JURISDICTION FLAGS: EU consumers may retain statutory rights that cannot be waived by contract, limiting the practical effect of this clause. UK users are similarly protected by statutory consumer rights. Organizations in regulated industries such as financial services or healthcare should assess whether the liability limitation is consistent with their regulatory obligations when using AI-generated outputs. 4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise vendor assessments should note that OpenRouter excludes liability for third-party AI model outputs and service interruptions. Organizations that rely on AI-generated content for business decisions should have independent review processes given this limitation. Cyber insurance and business interruption coverage should be assessed in light of OpenRouter's liability exclusions. 5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the limitation of liability clause is consistent with their own client-facing obligations, particularly if OpenRouter is used as a backend for customer-facing AI applications.
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This provision limits OpenRouter's financial exposure for a broad range of loss categories including lost profits, data loss, and consequential damages arising from service interruptions or third-party AI model outputs. The limitation applies across all legal theories and regardless of prior notice of potential damage.
Under this clause, OpenRouter's liability for service disruptions, data loss, third-party model outputs, and unauthorized access to user content is limited to the categories specified, excluding indirect and consequential damages to the fullest extent permitted by applicable law. The practical scope of this limitation may vary by jurisdiction, as some laws do not permit full exclusion of consequential damages.
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