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
The exclusion eliminates entire categories of damages that often constitute the largest portion of a party's actual loss, significantly limiting potential recovery.
Interpretive note: The canonical claim states the primary proposition as applying to Together AI's liability. The mutual nature of the exclusion is equally significant and is noted in omitted_material.
You cannot recover indirect, special, incidental, consequential, or punitive damages — including lost profits or loss of use — from Together AI, regardless of the legal theory you assert.
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OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
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"Limitation of Liability 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...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...Excerpt from Together AI's Terms of Service
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The exclusion eliminates entire categories of damages that often constitute the largest portion of a party's actual loss, significantly limiting potential recovery.
You cannot recover indirect, special, incidental, consequential, or punitive damages — including lost profits or loss of use — from Together AI, regardless of the legal theory you assert.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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