This clause caps Replicate's total monetary liability to any customer at the lower of fees paid to Replicate in the six months preceding the claim or US$100, regardless of the legal theory or nature of the loss. This cap applies even if other agreed remedies fail.
This analysis describes what Replicate'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 sets an exceptionally low monetary ceiling on recoverable damages from Replicate, including for claims involving data loss, security breach, service interruption, and breach of contract. The cap applies across all legal theories and explicitly survives failure of essential purpose of any remedy.
Interpretive note: Enforceability of the US$100 cap may vary by jurisdiction, claim type, and applicable consumer protection or data protection law; the agreement itself acknowledges at Section 11.3 that certain jurisdiction laws may not permit these limitations.
Under this clause, the maximum monetary recovery available from Replicate for any claim is limited to the lower of six months of fees paid or US$100, regardless of the scale of loss experienced. Section 11.3 acknowledges that certain jurisdictions may not permit these limitations, and notes that additional rights may apply in those jurisdictions.
Cross-platform context
See how other platforms handle Aggregate Liability Cap of US$100 and similar clauses.
Compare across platforms →"TO THE MAXIMUM EXTENT OF LAW, IN NO EVENT WILL REPLICATE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE LOWER OF THE TOTAL AMOUNTS PAID OR PAYABLE TO REPLICATE UNDER THESE TERMS BY CUSTOMER IN THE 6 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR US$100. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.Excerpt from Replicate's Acceptable Use Policy
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This provision sets an exceptionally low monetary ceiling on recoverable damages from Replicate, including for claims involving data loss, security breach, service interruption, and breach of contract. The cap applies across all legal theories and explicitly survives failure of essential purpose of any remedy.
Under this clause, the maximum monetary recovery available from Replicate for any claim is limited to the lower of six months of fees paid or US$100, regardless of the scale of loss experienced. Section 11.3 acknowledges that certain jurisdictions may not permit these limitations, and notes that additional rights may apply in those jurisdictions.
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