This analysis describes what WhatsApp'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 cap means that regardless of the severity of harm a user suffers in connection with WhatsApp's Terms or Services, the maximum monetary recovery from WhatsApp is extremely limited.
Meta offered rival AI chatbots free access to the WhatsApp Business API for one month in the European Economic Area. This follows EU regulatory pressure under the Digital Markets Act. The outcome of ongoing negotiations will determine whether third-party AI chatbot access becomes permanent, paid, or restricted.
View change record →The reader's ability to recover damages from WhatsApp is capped at the greater of $100 or payments made to WhatsApp in the prior twelve months.
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"OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.— Excerpt from WhatsApp's WhatsApp Terms of Service
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This cap means that regardless of the severity of harm a user suffers in connection with WhatsApp's Terms or Services, the maximum monetary recovery from WhatsApp is extremely limited.
The reader's ability to recover damages from WhatsApp is capped at the greater of $100 or payments made to WhatsApp in the prior twelve months.
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