Peacock's maximum financial responsibility to you for any problem with the service is capped at either the total amount you paid in the last 12 months or $100, whichever is higher. You cannot recover for things like lost data, service outages, or other indirect losses.
This analysis describes what Peacock'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 clause operates to define the scope and ceiling of financial exposure Peacock accepts under the service agreement. By excluding certain categories of damages and establishing a monetary cap tied to user payments, the provision structures the risk allocation between the service provider and users in dispute scenarios.
Interpretive note: Enforceability of the liability cap may depend on jurisdiction and whether applicable state statutes provide minimum consumer remedies that cannot be contractually waived.
Under this provision, users cannot recover consequential or indirect damages from Peacock, and any direct financial recovery is capped at the greater of the past 12 months of payments or $100, regardless of the actual harm experienced.
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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"IN NO EVENT WILL PEACOCK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICE. PEACOCK'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNTS PAID BY YOU FOR THE SERVICE IN THE LAST 12 MONTHS OR $100.— Excerpt from Peacock's Peacock Terms of Use
REGULATORY LANDSCAPE: Limitation of liability clauses in consumer agreements are generally enforceable under contract law, but courts in some jurisdictions may decline to enforce them where they are found to be unconscionable or where state consumer protection statutes provide minimum remedies that cannot be contractually waived. The FTC has noted that liability caps that effectively insulate companies from meaningful consumer redress may be examined in the context of broader unfair practice assessments. GOVERNANCE EXPOSURE: Medium. The $100 or prior 12-month payment cap is a standard industry formulation. Its enforceability is generally strong in arbitration proceedings but may face challenge in jurisdictions with consumer protection statutes that preserve minimum statutory damages. The exclusion of consequential and indirect damages is also broadly standard but may interact with jurisdiction-specific remedies. JURISDICTION FLAGS: New Jersey, California, and other states with strong consumer protection statutes may limit the enforceability of liability caps where they conflict with statutory remedies. Where the cap falls below applicable statutory minimum damages, a court or arbitrator may be required to apply the statutory floor rather than the contractual cap. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers or content partners who rely on Peacock's platform for commercial purposes should note that this liability cap applies broadly and would limit recovery for platform failures affecting business operations. Commercial agreements with Peacock should address liability terms separately if higher limits are required. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the $100 floor on the liability cap is sufficient relative to the subscription price tiers offered, as the practical cap may be very low for free-tier users. Review should also consider whether the exclusion of data loss as a recoverable category creates tension with applicable state privacy statutes that provide statutory damages for data breaches.
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The clause operates to define the scope and ceiling of financial exposure Peacock accepts under the service agreement. By excluding certain categories of damages and establishing a monetary cap tied to user payments, the provision structures the risk allocation between the service provider and users in dispute scenarios.
Under this provision, users cannot recover consequential or indirect damages from Peacock, and any direct financial recovery is capped at the greater of the past 12 months of payments or $100, regardless of the actual harm experienced.
ConductAtlas has identified this type of provision across 226 platforms. See the full comparison.
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