W&B's maximum financial responsibility to you for any harm caused is capped at whatever you paid them in the 12 months before the problem occurred, and they owe nothing for lost profits or indirect harms.
This analysis describes what Weights & Biases'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 clause defines the maximum financial exposure for both parties under the agreement and excludes categories of damages from recovery, which establishes predictable cost parameters for service delivery and dispute resolution.
The updated Terms of Service no longer include the previous statement that services would become inaccessible from certain locations starting September 1st, 2025. This removal means the geographic restriction that was previously announced in the agreement is no longer formally stated in the current terms. Users who were affected by or concerned about the prior restriction should review current documentation to confirm whether any geographic limitations remain in effect.
View change record →This clause means that no matter how serious W&B's failure is — data loss, security breach, or service outage — your financial recovery is limited to your last year of subscription payments, with no compensation for business losses, lost revenue, or consequential damages.
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"IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY. IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.— Excerpt from Weights & Biases's Weights & Biases Terms of Service
(1) REGULATORY FRAMEWORK: Limitation of liability clauses in commercial SaaS agreements are governed by applicable state contract law (California UCC and common law in this case). Where personal data is involved, GDPR Art. 82 provides data subjects a right to compensation that may not be contractually limited between controller and processor, creating a potential conflict with this clause for EU-regulated data. CCPA §1798.150 provides California consumers a private right of action for data breaches that may similarly not be contractually waivable. (2)
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The clause defines the maximum financial exposure for both parties under the agreement and excludes categories of damages from recovery, which establishes predictable cost parameters for service delivery and dispute resolution.
This clause means that no matter how serious W&B's failure is — data loss, security breach, or service outage — your financial recovery is limited to your last year of subscription payments, with no compensation for business losses, lost revenue, or consequential damages.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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