The agreement caps each party's total liability for claims arising under the agreement at the fees paid by the customer in the 12 months preceding the incident, and excludes lost profits, data loss, business interruption, and indirect or consequential damages from recoverable losses.
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
This provision establishes a financial ceiling on W&B's liability tied to trailing 12-month fees, which for organizations paying monthly or on lower-tier plans may represent a materially limited recovery amount relative to potential losses from service disruptions or data incidents involving model artifacts or experiment data.
Interpretive note: Enforceability of specific damage exclusions, particularly for data loss, may vary by jurisdiction and by whether gross negligence or willful misconduct carve-outs apply.
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 →Changed calculation basis from 'fees paid or payable' to 'total amount paid hereunder' and expanded excluded damages to explicitly include lost profits, loss of use, lost or inaccurate data, and business interruption.
View full change record →Under this clause, customers' recoverable damages from W&B are limited to fees paid in the prior 12 months, and categories including data loss, business interruption, and lost profits are excluded from recovery. The limitation applies mutually to both parties.
How other platforms handle this
To the maximum extent permitted by applicable law, in no event will Synthesia's aggregate liability to you under or in connection with this Agreement exceed the total fees paid or payable by you to Synthesia in the twelve (12) month period immediately preceding the event giving rise to the claim. In...
To the maximum extent permitted by applicable law, Kit shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting ...
To the maximum extent permitted by applicable law, Pinterest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, res...
Monitoring
Weights & Biases has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 25 platforms.
"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, LOSS OF USE, LOST OR INACCURATE DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.— Excerpt from Weights & Biases's Weights & Biases Terms of Service
1. REGULATORY LANDSCAPE: Limitation of liability clauses are standard in SaaS agreements and are generally enforceable in B2B contexts under US commercial law, though enforceability may be limited in specific jurisdictions or for specific categories of harm including gross negligence or willful misconduct. The exclusion of data loss as a recoverable category may engage data protection law considerations, including GDPR, where data incidents result in personal data breaches. 2. GOVERNANCE EXPOSURE: Medium. The 12-month fee cap is standard in SaaS agreements but the explicit exclusion of data loss and business interruption as recoverable categories is operationally significant for AI development teams whose workflows depend on continuity of model tracking and experiment data. Organizations with high annual contract values relative to potential incident exposure may find the cap structurally adequate, while lower-tier customers may not. 3. JURISDICTION FLAGS: Some jurisdictions, including certain EU member states, limit the enforceability of liability exclusions for personal data breaches or for breaches caused by gross negligence or intentional misconduct. California courts generally enforce commercial liability caps between sophisticated parties. Organizations processing sensitive data through W&B should assess whether the liability exclusion for data loss conflicts with their own obligations under applicable data protection law. 4. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should assess whether the 12-month fee cap provides adequate contractual coverage relative to the volume and sensitivity of data processed through the platform. Standard enterprise vendor contract frameworks may require negotiating higher liability caps or carve-outs for data incidents or IP infringement claims. The mutual structure of the cap is consistent with standard commercial practice. 5. COMPLIANCE CONSIDERATIONS: Legal teams should map the categories of data submitted to W&B, including model weights, training datasets, and experiment metadata, against the liability exclusion for data loss to assess residual risk exposure. Where W&B processes personal data on behalf of the customer, the interplay between this limitation and GDPR Article 82 liability provisions may warrant further analysis.
Full compliance analysis
Regulatory citations, enforcement risk, and due diligence action items.
Free: track 1 platform + weekly digest. Monitor: 25 platforms + same-day alerts. No credit card required.
Compliance Governance Intelligence
Need to monitor specific governance provisions?
Compliance includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
This provision establishes a financial ceiling on W&B's liability tied to trailing 12-month fees, which for organizations paying monthly or on lower-tier plans may represent a materially limited recovery amount relative to potential losses from service disruptions or data incidents involving model artifacts or experiment data.
Under this clause, customers' recoverable damages from W&B are limited to fees paid in the prior 12 months, and categories including data loss, business interruption, and lost profits are excluded from recovery. The limitation applies mutually to both parties.
ConductAtlas has identified this type of provision across 17 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Weights & Biases.