Scale is not responsible for lost profits, lost data, or business interruption losses caused by using or being unable to use the Scale website, even if Scale was warned that such harm was possible.
This analysis describes what Scale AI'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 excludes all indirect, incidental, special, consequential, and punitive damages arising from website use or unavailability; this means users generally cannot recover damages for losses such as business disruption or data loss caused by the site.
Interpretive note: Enforceability varies by jurisdiction; EU, UK, and Australian consumer law may preserve certain damage recovery rights that this clause asserts to exclude.
Under this clause, users who experience harm as a result of the Scale website, such as data loss or inability to access critical information, are restricted from recovering most categories of damages from Scale; the exclusion applies even when Scale had prior written notice of the potential for harm.
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.
"TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCALE OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS ON THE SITE, EVEN IF SCALE OR A SCALE AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.Excerpt from Scale AI's Terms of Service
(1) REGULATORY LANDSCAPE: Liability exclusion clauses are standard in US commercial terms and are generally enforceable subject to public policy limitations.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
This provision excludes all indirect, incidental, special, consequential, and punitive damages arising from website use or unavailability; this means users generally cannot recover damages for losses such as business disruption or data loss caused by the site.
Under this clause, users who experience harm as a result of the Scale website, such as data loss or inability to access critical information, are restricted from recovering most categories of damages from Scale; the exclusion applies even when Scale had prior written notice of the potential for harm.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Scale AI.