This provision caps Writer's total liability for any claim arising from the terms or use of the services at the amount the user paid to Writer in the 12 months prior to the claim.
This analysis describes what Writer'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 clause establishes a ceiling on Writer's financial exposure for any single claim or aggregate claims, which may be materially insufficient for enterprise customers whose use cases involve high-value business processes or regulated activities. The phrase 'to the maximum extent permitted by law' acknowledges that applicable law may constrain this cap in certain jurisdictions.
Interpretive note: The clause includes the qualifier 'to the maximum extent permitted by law,' meaning enforceability and the applicable cap amount may vary by jurisdiction and claim type.
Under this provision, the maximum recovery available from Writer for any dispute is limited to fees paid in the prior 12-month period, regardless of the nature or magnitude of the alleged harm. This cap applies to all claims arising from the terms or use of the platform, subject to limitations imposed by applicable law.
How other platforms handle this
If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
"TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WRITER'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO WRITER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.Excerpt from Writer's Terms of Service
(1) REGULATORY LANDSCAPE: Limitation of liability clauses are subject to assessment under applicable commercial law, including the Uniform Commercial Code in the US and national contract law in the EU.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This clause establishes a ceiling on Writer's financial exposure for any single claim or aggregate claims, which may be materially insufficient for enterprise customers whose use cases involve high-value business processes or regulated activities. The phrase 'to the maximum extent permitted by law' acknowledges that applicable law may constrain this cap in certain jurisdictions.
Under this provision, the maximum recovery available from Writer for any dispute is limited to fees paid in the prior 12-month period, regardless of the nature or magnitude of the alleged harm. This cap applies to all claims arising from the terms or use of the platform, subject to limitations imposed by applicable law.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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