If RapidAPI causes you harm, the most money you can recover from them is whatever you paid them in the three months before the problem occurred.
This analysis describes what RapidAPI'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 cap could leave users with very limited financial recourse even in cases of significant service failure, data loss, or security incidents, particularly for users on free tiers or low-cost plans who may have paid little or nothing.
If RapidAPI experiences a serious outage, data breach, or service failure that causes your business substantial financial harm, this clause limits your recovery to a maximum of three months of fees paid, which may be far less than your actual losses.
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Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
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...
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"IN NO EVENT WILL RAPIDAPI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO RAPIDAPI IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.— Excerpt from RapidAPI's RapidAPI Terms of Use
REGULATORY LANDSCAPE: Contractual liability caps are widely enforced in US commercial agreements under UCC and common law, though courts may scrutinize caps that are deemed unconscionable, particularly in consumer contexts. In the EU, liability limitations for personal data breaches may conflict with GDPR Article 82, which provides data subjects with a right to compensation that cannot be contractually waived. Consumer protection laws in various states may also limit the enforceability of liability caps against individual consumers. GOVERNANCE EXPOSURE: High for enterprise users. A three-month fee cap is a minimal ceiling in the context of API-dependent production systems where outages or data exposure could cause losses orders of magnitude larger. This is particularly material for organizations that do not pay significant monthly fees but rely heavily on the platform. JURISDICTION FLAGS: EU users affected by personal data incidents may have GDPR-based claims that supersede this contractual cap. California consumers may have additional statutory remedies. Free-tier users face a practical cap of zero, which may create unconscionability arguments in some jurisdictions. CONTRACT AND VENDOR IMPLICATIONS: This clause is a standard but aggressive commercial liability cap. Enterprise procurement teams should negotiate higher caps, particularly if RapidAPI is a critical vendor. Indemnification provisions should be reviewed in conjunction with this cap to understand the full risk allocation. Cyber insurance policies should be assessed to determine whether vendor liability limitations are accounted for. COMPLIANCE CONSIDERATIONS: Organizations in regulated industries, including financial services and healthcare, should evaluate whether this liability cap is compatible with their vendor risk and contractual requirements. Data breach response plans should account for the likelihood that RapidAPI's contractual liability will be minimal in the event of a platform-side incident.
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This cap could leave users with very limited financial recourse even in cases of significant service failure, data loss, or security incidents, particularly for users on free tiers or low-cost plans who may have paid little or nothing.
If RapidAPI experiences a serious outage, data breach, or service failure that causes your business substantial financial harm, this clause limits your recovery to a maximum of three months of fees paid, which may be far less than your actual losses.
ConductAtlas has identified this type of provision across 14 platforms. See the full comparison.
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