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.
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To the maximum extent permitted by applicable law, Pinterest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, res...
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"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 Scale AI Terms of Service
(1) REGULATORY LANDSCAPE: Liability exclusion clauses are standard in US commercial terms and are generally enforceable subject to public policy limitations. In EU member states, liability for death, personal injury, fraud, and certain consumer harms cannot be excluded under applicable law, and this tension is partially acknowledged by the 'to the fullest extent permitted by law' qualifier. The UK Consumer Rights Act 2015 similarly limits the enforceability of liability exclusions against consumers. (2) GOVERNANCE EXPOSURE: Low for general website users; the clause is standard boilerplate in US website terms. For enterprise users relying on scale.com for business-critical documentation or operational access, the exclusion of business interruption damages is operationally relevant. (3) JURISDICTION FLAGS: EU and UK consumer users retain statutory rights that may override this exclusion for certain categories of harm. Australian Consumer Law has similar mandatory protections. For US-based business users, the clause is broadly enforceable. States with consumer protection statutes that impose mandatory liability floors may create partial carve-outs. (4) CONTRACT AND VENDOR IMPLICATIONS: This limitation applies specifically to the website, not to Scale's services governed by the Master Services Agreement, which likely contains its own liability cap structure. Procurement teams should not rely on this provision when assessing overall liability exposure from Scale service agreements. (5) COMPLIANCE CONSIDERATIONS: Organizations accessing scale.com for critical compliance documentation or regulatory purposes should not assume the site will be continuously available or accurate; the disclaimer clause in Section 7 separately states that Scale does not warrant the accuracy, completeness, or uninterrupted availability of the site.
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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.
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