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 agreement no longer includes language stating that a previously executed written agreement between Customer and W&B would govern and supersede the master service agreement. This removal eliminates explicit recognition of contractual hierarchy that may have applied to customers with signed agreements predating the master terms. The practical effect depends on whether such customers have separate agreements in place and how contract interpretation and applicable law would treat the relationship between a posted master agreement and a signed customer agreement absent explicit supersession language.
View change record →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 →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.
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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, LOSS OF USE, LOST OR INACCURATE DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.Excerpt from Weights & Biases's Terms of Service
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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 287 platforms. See the full comparison.
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