Weights & Biases · Weights & Biases Terms of Service

Limitation of Liability — 12-Month Fee Cap

High severity
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What it is

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.

Consumer impact (what this means for users)

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.

Cross-platform context

See how other platforms handle Limitation of Liability — 12-Month Fee Cap and similar clauses.

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Why it matters (compliance & risk perspective)

If a W&B platform failure destroys proprietary training data worth millions, or causes a production AI system outage, you can only recover up to your annual subscription fee — which may be a tiny fraction of your actual loss.

View original clause language
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.

Institutional analysis (Compliance & legal intelligence)

(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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Applicable agencies

  • FTC
    The FTC can investigate whether liability caps that effectively eliminate compensation for platform-caused harms constitute unfair or deceptive acts or practices under FTC Act Section 5.
    File a complaint →
  • State AG
    California AG can assess whether the combined liability cap and consequential damages exclusion is unconscionable under California contract law for California-resident business customers.
    File a complaint →

Provision details

Document information
Document
Weights & Biases Terms of Service
Entity
Weights & Biases
Document last updated
April 29, 2026
Tracking information
First tracked
April 30, 2026
Last verified
April 30, 2026
Record ID
CA-P-004033
Document ID
CA-D-00495
Evidence Provenance
Source URL
Wayback Machine
SHA-256
2a175e81ea61f67ad5c58458c22e75b1ff503a5d9f6ed9a25e5989143acadc5a
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Weights & Biases | Document: Weights & Biases Terms of Service | Record: CA-P-004033
Captured: 2026-04-30 05:30:10 UTC | SHA-256: 2a175e81ea61f67a…
URL: https://conductatlas.com/platform/weights-biases/weights-biases-terms-of-service/limitation-of-liability-12-month-fee-cap/
Accessed: May 2, 2026
Classification
Severity
High
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