This analysis describes what Substack'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
The cap functions as a limitation on Substack's financial exposure across all dispute categories and creates a ceiling on recoverable damages regardless of actual harm claimed. This structure affects the economic framework governing disputes between the parties by establishing predictable maximum liability exposure.
Users operating under these terms may recover damages limited to the greater of $100 or their 12-month subscription payments, with consequential damages excluded entirely. This means financial recovery in disputes is bounded by either a fixed minimum or the user's direct payments to the platform, whichever is greater.
How other platforms handle this
To the maximum extent permitted by applicable law, in no event will Synthesia's aggregate liability to you under or in connection with this Agreement exceed the total fees paid or payable by you to Synthesia in the twelve (12) month period immediately preceding the event giving rise to the claim. In...
Google's total liability to you for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Gemini API (or, if we choose, to supplying you the services again) in the 12 months before the breach.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUOLINGO 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, RESUL...
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"To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Substack, its licensors, or its suppliers be liable to you or to any other person for: Any indirect, special, incidental, or consequential damages of any kind, or Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with Substack in the twelve-month period preceding the applicable claim.— Excerpt from Substack's Substack Terms of Use
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The cap functions as a limitation on Substack's financial exposure across all dispute categories and creates a ceiling on recoverable damages regardless of actual harm claimed. This structure affects the economic framework governing disputes between the parties by establishing predictable maximum liability exposure.
Users operating under these terms may recover damages limited to the greater of $100 or their 12-month subscription payments, with consequential damages excluded entirely. This means financial recovery in disputes is bounded by either a fixed minimum or the user's direct payments to the platform, whichever is greater.
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