Aggregate Liability Cap

What it is

Stability's total financial liability to any user for all claims arising from its services, Inputs, Outputs, or the terms is capped at the greater of $100 or the amount the user paid in the six months before the claim arose.

Why it matters (compliance & governance perspective)

This provision establishes a $100 floor on aggregate liability, which may represent a material limitation for commercial or API users who experience significant losses attributable to service failures, inaccurate Outputs, or data issues. The cap applies across all causes of action including contract, tort, and negligence.

Clause Stability Stable

Consumer impact (what this means for users)

Under this clause, the maximum financial recovery available against Stability for any and all claims is limited to the greater of $100 or six months of fees paid, regardless of the nature or scale of the loss. The provision states that these limitations are essential to the terms and a condition of service access.

Institutional analysis (regulatory & governance intelligence)

1. REGULATORY LANDSCAPE: Liability caps in consumer-facing technology agreements engage consumer protection frameworks in multiple jurisdictions. Under GDPR, limitations on liability for data protection violations may be subject to regulatory constraints, as supervisory authorities retain independent enforcement powers. In the UK, the Unfair Contract Terms Act and Consumer Rights Act may limit the enforceability of liability caps against consumers. California consumer protection law may also constrain the enforceability of the $100 floor against individual consumers. 2. GOVERNANCE EXPOSURE: High for commercial and enterprise users. The $100 floor creates a significant asymmetry for API users and businesses generating revenue through Stability-powered products, particularly given the broad indemnification obligation that runs in the opposite direction. Organizations should assess whether the cap is commercially acceptable relative to their operational reliance on the platform. 3. JURISDICTION FLAGS: UK and EU users may have statutory protections that limit the enforceability of a $100 liability floor against consumers. The terms acknowledge jurisdictional limits by stating the cap applies 'to the extent permissible under applicable law.' California's consumer protection framework and the UK Consumer Rights Act create the highest enforceability uncertainty. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise and API users should assess whether the $100 liability floor is acceptable in the context of their own service-level obligations to end users, and whether enterprise agreements with Stability provide for modified liability terms. The clause identifies the limitation as essential to the agreement and states Stability would not offer services without it, which may limit negotiating scope for standard commercial accounts. 5. COMPLIANCE CONSIDERATIONS: Legal teams negotiating API or enterprise agreements should evaluate whether the liability cap is modifiable through separate commercial agreements and should assess exposure created by the gap between the indemnification obligation owed to Stability and the liability ceiling applicable to Stability.

Applicable agencies

Provision details

Other risks in this policy

• 30-Day Opt-Out Right for Arbitration Provision high
• Aggregate Liability Cap at $100 or Six-Month Fees Paid high
• All Payments Are Non-Refundable high
• Class Action and Representative Action Waiver high
• Corporate Domain Account Monitoring by Employer high
• Input Including Personal Data May Be Shared with Third Parties high