“If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free).”
This analysis describes what Xbox'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 strictly limits the maximum financial recovery a user can obtain regardless of the extent of actual harm suffered.
Users can recover no more than one month of their Services fee in direct damages—or $10.00 if the Services are free—and this is their sole remedy.
How other platforms handle this
THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF DOORDASH FOR (Y) DEATH OR PERSONAL INJURY CAUSED BY DOORDASH'S NEGLIGENCE OR WILLFUL MISCONDUCT, OR (Z) ANY INJURY CAUSED BY DOORDASH'S FRAUD OR FRAUDULENT MISREPRESENTATION.
we can't promise that this will always be the case or that the services will be without faults. We also rely on some third parties to provide services to you, which can sometimes disrupt our services.
You understand and agree that our Services are "interactive computer services" as that term is used in 47 U.S.C. § 230 and that ActiveCampaign is entitled to all rights and privileges attendant thereto.
"If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free).Excerpt from Xbox's Terms of Use
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This cap strictly limits the maximum financial recovery a user can obtain regardless of the extent of actual harm suffered.
Users can recover no more than one month of their Services fee in direct damages—or $10.00 if the Services are free—and this is their sole remedy.
ConductAtlas has identified this type of provision across 286 platforms. See the full comparison.
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