The aggregate liability of either party is capped at the total fees paid by Customer in the 12 months preceding the event giving rise to liability, except for indemnification obligations including the AI Copyright Pledge. Neither party is liable for lost profits, revenues, or indirect, consequential, punitive, or incidental damages.
This analysis describes what Synthesia'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 establishes a financial ceiling on Synthesia's liability for service failures or breaches, with the exclusion of indemnification obligations as the primary carve-out. The consequential damages exclusion means Customer cannot recover lost revenue or business impact losses from service disruptions under the agreement's terms.
Under this clause, Customer's maximum financial recovery from Synthesia for any contract or tort claim is limited to fees paid in the preceding 12 months, and neither party can recover lost profits or consequential damages. Indemnification obligations, including the AI Copyright Pledge, are explicitly excluded from the cap.
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Compare across platforms →"OTHER THAN IN CONNECTION WITH A PARTY'S INDEMNIFICATION OBLIGATIONS HEREUNDER, WHICH INCLUDES OUR AI COPYRIGHT PLEDGE, IN NO EVENT WILL EITHER CUSTOMER'S OR THE SYNTHESIA EXTENDED FAMILY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE CONTRACT OR THE USER TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. IN NO EVENT WILL EITHER CUSTOMER OR ANY MEMBER OF THE SYNTHESIA EXTENDED FAMILY HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Excerpt from Synthesia's Terms of Service
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This provision establishes a financial ceiling on Synthesia's liability for service failures or breaches, with the exclusion of indemnification obligations as the primary carve-out. The consequential damages exclusion means Customer cannot recover lost revenue or business impact losses from service disruptions under the agreement's terms.
Under this clause, Customer's maximum financial recovery from Synthesia for any contract or tort claim is limited to fees paid in the preceding 12 months, and neither party can recover lost profits or consequential damages. Indemnification obligations, including the AI Copyright Pledge, are explicitly excluded from the cap.
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