If Patreon causes you harm, the most they are required to pay you is $100 or whatever you paid Patreon in the past year, whichever is higher.
This analysis describes what Patreon'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 defines the maximum financial exposure Patreon accepts for breach, negligence, or other actionable claims. The cap structure creates a ceiling on damages recovery regardless of the actual harm or losses a user may incur.
Interpretive note: The agreement states the cap applies to the maximum extent permitted by applicable law, meaning enforceability varies materially by jurisdiction, particularly in the EU/EEA and under certain US state consumer protection statutes.
Patrons who pay creators (not Patreon directly) and creators experiencing significant losses from platform errors, outages, or other Patreon failures may find their recoverable damages capped at $100, substantially limiting practical financial recourse.
How other platforms handle this
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
IN NO EVENT WILL DEEPSEEK OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF DEEPSEEK OR ITS AFFILIATES HAVE ...
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PERPLEXITY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS O...
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"To the maximum extent permitted by applicable law, Patreon's total liability to you for any claims arising out of or related to these terms or the services is limited to the greater of (a) $100 or (b) the amount you paid Patreon in the 12 months preceding the claim.— Excerpt from Patreon's Patreon Terms of Use
REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts may require evaluation under applicable consumer protection law. In the EU, the Consumer Rights Directive and national implementing legislation in member states generally prohibit clauses that unfairly limit liability to consumers, meaning this cap may be unenforceable or limited in scope for EU/EEA users. Under California consumer protection law, liability caps in standard-form consumer contracts may face scrutiny for unconscionability. The FTC Act's prohibition on unfair practices is also potentially relevant where a liability cap functionally immunizes a platform from accountability for significant consumer harm. GOVERNANCE EXPOSURE: High. The $100 floor is notably low relative to the financial stakes creators may have on the platform, where earnings can represent primary income. The cap applies broadly to claims arising from the services, which could include payment processing failures, account terminations, or data incidents. The agreement's language acknowledges the cap applies only to the maximum extent permitted by applicable law, which partially qualifies its scope. JURISDICTION FLAGS: EU/EEA users retain stronger statutory consumer rights that may override this cap. California residents may challenge the cap under unconscionability doctrine. The enforceability of the $100 floor as a practical matter is likely to vary significantly by jurisdiction and claim type. CONTRACT AND VENDOR IMPLICATIONS: Businesses or professional creators relying on Patreon as a significant revenue channel should note that this cap means Patreon's contractual liability exposure is minimal even in material breach scenarios. This should be factored into risk assessments for creators with significant earnings on the platform. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether this limitation of liability is consistent with consumer protection obligations in each jurisdiction where Patreon operates, particularly in the EU and UK where such caps face statutory constraints. The disclaimer of consequential, incidental, and indirect damages in the same section compounds the limitation.
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This clause defines the maximum financial exposure Patreon accepts for breach, negligence, or other actionable claims. The cap structure creates a ceiling on damages recovery regardless of the actual harm or losses a user may incur.
Patrons who pay creators (not Patreon directly) and creators experiencing significant losses from platform errors, outages, or other Patreon failures may find their recoverable damages capped at $100, substantially limiting practical financial recourse.
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