The agreement limits each party's aggregate liability to amounts paid by the customer in the twelve months preceding the claim, and excludes indirect, consequential, and punitive damages, with exceptions for indemnification obligations, gross negligence, willful misconduct, and IP infringement.
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 liability to users at the equivalent of twelve months of fees paid, and excludes consequential or lost-profits damages, which limits the financial recourse available to users for service failures or data-related incidents.
Under this clause, the maximum aggregate liability either party may seek from the other is limited to fees paid in the prior twelve months, and claims for lost profits, business interruption, or consequential damages are excluded from recovery. The exceptions for gross negligence, willful misconduct, and IP infringement provide limited carve-outs from this cap.
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Compare across platforms →"Except for a party's indemnification obligations, gross negligence, willful misconduct, or infringement or misappropriation of the other party's intellectual property rights, to the maximum extent permitted under applicable law, under no legal theory, whether in tort, contract, or otherwise, will either party be liable to the other under this agreement for (a) any indirect, special, incidental, consequential, or punitive damages, including damages for loss of use, lost profits, or interruption of business, even if informed of their possibility in advance, or (b) excluding customer's payment obligations, any aggregate liability in excess of the amounts paid by customer during the twelve (12) months preceding the claim (the "ordinary cap").Excerpt from Together AI's Terms of Service
(1) REGULATORY LANDSCAPE: Limitation of liability clauses are governed by California contract law and are generally enforceable in B2B contexts.
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This provision caps Together AI's financial liability to users at the equivalent of twelve months of fees paid, and excludes consequential or lost-profits damages, which limits the financial recourse available to users for service failures or data-related incidents.
Under this clause, the maximum aggregate liability either party may seek from the other is limited to fees paid in the prior twelve months, and claims for lost profits, business interruption, or consequential damages are excluded from recovery. The exceptions for gross negligence, willful misconduct, and IP infringement provide limited carve-outs from this cap.
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