Glossary · Company discretion

Liability cap

In plain English: there is a ceiling on how much the company can owe you if something goes wrong—often limited to fees you paid in a short window.

Not legal advice. These pages help you recognize patterns; they are not counsel about your situation.

Policies109 / 1194

Findings119

ThemeCompany discretion

Found in 109 of 1194 published policies (119 matching findings).

Why it matters

Even if the company causes real harm, recovery may be capped far below your actual losses. Caps often sit next to warranty disclaimers.

What to look for

“Liability shall not exceed,” “maximum aggregate liability,” or caps tied to “fees paid in the prior 12 months” (or a similar short period).

Signals

Phrases to watch for

Language that often marks this clause in privacy policies and terms.

liability shall not exceed
maximum aggregate liability
fees paid in the prior 12 months

Library

Examples from published reviews

Dynalist Inc. · Obsidian · Terms of service

Total liability of company is limited to fees paid in the preceding 12 months

In no event will the company’s or its suppliers’ total liability exceed in aggregate the amount actually paid or payable by customer to the company for the services in the twelve (12) months preceding the claim.

Atlassian · Trello · Terms of service

Liability for Unauthorized Disclosure of Customer Data is Limited

For 'Special Claims,' which refer to unauthorized disclosure of Customer Data or Customer Materials caused by Atlassian's breach of its security program obligations, Atlassian's aggregate liability under this Agreement will be the lesser of two times the amounts paid to Atlassian for the relevant products/services during the preceding twelve months, and US$5,000,000.

500px Inc. · 500px · Terms of service

Service modifications and discontinuation without prior notice or refund

500px may modify, suspend, or discontinue the services provided to Premium Account holders at any time at its sole discretion and without prior notice or providing any refund for any fees paid for Premium Accounts.

Kahoot! ASA · Kahoot! · Terms of service

Broad limitation of liability for damages.

Kahoot! limits its liability for various types of damages, including indirect, special, incidental, punitive, exemplary, or consequential damages, and any loss of use, data, business, or profits, to the maximum extent permitted by law.

Next step

Check your own policy

Paste a privacy policy or terms document to see whether similar language shows up in your agreement.

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