The agreement states that Skillshare and its officers, directors, employees, agents, and licensors are not liable for indirect, incidental, special, consequential, or punitive damages arising from use of or inability to use the services, including loss of profits, data, or goodwill.
This analysis describes what Skillshare'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 caps the types of recoverable damages users may seek from Skillshare to direct damages only, excluding consequential, incidental, and punitive damages. The practical scope of this limitation depends on applicable law in the user's jurisdiction, as the provision is qualified by the phrase 'to the maximum extent permitted by applicable law.'
Interpretive note: Enforceability of the liability limitation depends on jurisdiction-specific consumer protection law; EU/EEA and certain state laws may limit applicability.
Under this clause, users' potential recovery from Skillshare in a dispute is limited to direct damages; indirect, consequential, punitive, and incidental damages are excluded to the extent permitted by law. The limitation applies to claims arising from use of or inability to use the platform, including data loss.
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKILLSHARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES.— Excerpt from Skillshare's Skillshare Terms of Service
1. REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts may be constrained by applicable consumer protection law. In the EU, the Unfair Contract Terms Directive may limit the enforceability of liability exclusions that significantly disadvantage consumers. In the United States, UCC and state consumer protection statutes may impose minimum liability floors in certain circumstances, and limitation clauses are generally construed against the drafter in consumer contexts. 2. GOVERNANCE EXPOSURE: Medium. The exclusion of data loss from recoverable damages may be relevant to users who lose uploaded course content or learning progress due to platform errors. The qualification 'to the maximum extent permitted by applicable law' preserves some user rights in jurisdictions with stronger consumer protection frameworks. 3. JURISDICTION FLAGS: EU/EEA users may have statutory rights that cannot be waived by this clause under the Unfair Contract Terms Directive. California and other state consumer protection statutes may also limit the enforceability of certain liability exclusions in consumer contracts. 4. CONTRACT AND VENDOR IMPLICATIONS: Institutional accounts should assess whether the limitation of liability in the standard Terms of Service is consistent with their organizational risk tolerance, particularly where Skillshare hosts proprietary or sensitive training content. Negotiation of liability provisions may be possible under enterprise agreements. 5. COMPLIANCE CONSIDERATIONS: Legal teams reviewing this clause for enterprise deployment should evaluate whether the exclusion of data loss liability is acceptable given the volume and sensitivity of content uploaded. The interaction between this clause and any applicable data processing agreements should also be assessed.
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This provision caps the types of recoverable damages users may seek from Skillshare to direct damages only, excluding consequential, incidental, and punitive damages. The practical scope of this limitation depends on applicable law in the user's jurisdiction, as the provision is qualified by the phrase 'to the maximum extent permitted by applicable law.'
Under this clause, users' potential recovery from Skillshare in a dispute is limited to direct damages; indirect, consequential, punitive, and incidental damages are excluded to the extent permitted by law. The limitation applies to claims arising from use of or inability to use the platform, including data loss.
ConductAtlas has identified this type of provision across 265 platforms. See the full comparison.
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