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
Because the cap is the lower of two figures, customers who have paid little or nothing face a maximum recovery of US$100 regardless of the actual harm suffered.
The reader's ability to recover damages from Replicate is limited to the lesser of six months of fees or US$100, whichever is smaller.
How other platforms handle this
If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
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"IN NO EVENT WILL REPLICATE'S AGGREGATE LIABILITY...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.— Excerpt from Replicate's Replicate Terms of Service
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Because the cap is the lower of two figures, customers who have paid little or nothing face a maximum recovery of US$100 regardless of the actual harm suffered.
The reader's ability to recover damages from Replicate is limited to the lesser of six months of fees or US$100, whichever is smaller.
ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.
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