Together AI's total liability for all claims is capped at the greater of the amounts paid by the user in the prior twelve months or $100, and excludes all indirect, incidental, consequential, or punitive damages.
This analysis describes what Together 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 caps Together AI's financial exposure to users at a fixed maximum equal to twelve months of prior payments or $100, whichever is greater, and excludes categories of damages including consequential and punitive damages. For users with substantial operational dependencies on Together AI's platform, actual losses from service failures or data issues may significantly exceed this cap.
Interpretive note: Enforceability of the liability cap and consequential damages exclusion may be limited by EU, UK, and certain US state consumer protection laws, which may preserve minimum recovery rights for individual consumers.
Under this clause, Together AI's maximum financial responsibility to any user is limited to the amounts that user paid in the prior twelve months or $100, and excludes indirect, consequential, or punitive damages. This means that operational losses, downstream business impact, or other consequential harm arising from platform issues are not recoverable under these terms.
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You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
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"TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOGETHER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES. TOGETHER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TOGETHER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).— Excerpt from Together AI's Together AI Terms of Service
(1) REGULATORY LANDSCAPE: Liability limitation clauses in technology services agreements are standard but interact with consumer protection statutes in various jurisdictions. EU consumer protection law and the UK Consumer Rights Act impose limitations on the enforceability of liability caps and exclusions in consumer contracts; these provisions may be unenforceable against individual consumers in those jurisdictions. In the US, the FTC's unfair practices authority may be relevant in consumer contexts. (2) GOVERNANCE EXPOSURE: Medium for enterprise users who have assessed and accepted the cap through procurement; High for users with significant operational dependencies who have not separately negotiated liability terms. The $100 floor creates minimal recovery potential for users paying little or nothing for the service. (3) JURISDICTION FLAGS: EU and UK consumer protection laws may invalidate or limit liability caps that leave consumers without adequate redress for service failures. California consumer protection statutes may also constrain the enforceability of this cap against California residents in certain contexts. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should negotiate the liability cap where operational exposure exceeds twelve months of payments, and should confirm that the exclusion of consequential damages is acceptable given their deployment context. Mutual liability caps (applying equally to user and company obligations) should be confirmed. (5) COMPLIANCE CONSIDERATIONS: Organizations subject to GDPR should confirm whether the liability cap applies to data breach scenarios or whether applicable law (Article 82 GDPR) imposes separate liability obligations on Together AI as a data processor that supersede contractual limitations.
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This provision caps Together AI's financial exposure to users at a fixed maximum equal to twelve months of prior payments or $100, whichever is greater, and excludes categories of damages including consequential and punitive damages. For users with substantial operational dependencies on Together AI's platform, actual losses from service failures or data issues may significantly exceed this cap.
Under this clause, Together AI's maximum financial responsibility to any user is limited to the amounts that user paid in the prior twelve months or $100, and excludes indirect, consequential, or punitive damages. This means that operational losses, downstream business impact, or other consequential harm arising from platform issues are not recoverable under these terms.
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