Limitation of Liability, Assumption of Risk & Waiver
Effective date: [EFFECTIVE DATE] Last updated: [EFFECTIVE DATE]
This document supplements and is incorporated into the Terms of Service for the Social application (the "Service") operated by [COMPANY NAME] ("[COMPANY SHORT]," "we," "us"). Capitalized terms have the meanings given in the Terms.
Note: Liability caps, releases, and waivers are not enforceable everywhere or in all circumstances (for example, they generally cannot waive liability for gross negligence, willful misconduct, fraud, death/personal injury caused by negligence, or other non-waivable rights). Have counsel tailor this to your jurisdiction.
1. Assumption of risk
You understand that Social is a self-improvement tool that analyzes sensitive conversations and produces AI-generated feedback that may be inaccurate or unsuitable. You voluntarily choose to use the Service and assume all risks associated with:
- Recording, uploading, and analyzing conversations, including legal and interpersonal
risks (see the Recording & Consent Agreement);
- Relying on AI-generated scores, feedback, replays, and drafted messages (see the
- Any actions you take or communications you make based on the Service.
2. Release / waiver
To the maximum extent permitted by applicable law, you release and waive any claims against [COMPANY NAME] and its officers, directors, employees, contractors, and agents (the "Released Parties") arising out of or relating to:
- Your decision to record, upload, narrate, or analyze any conversation, and any
consequence of doing so (including claims by third parties who appear in your content);
- Reliance on any AI-generated output;
- Interpersonal, relationship, employment, reputational, or emotional consequences of
using the Service;
- Unauthorized access to or alteration of your content not caused by our gross negligence
or willful misconduct.
This release does not apply to liability that cannot be waived under applicable law.
3. Disclaimer of indirect damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY.
4. Cap on liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO [COMPANY SHORT] FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
5. Essential basis of the bargain
The limitations in this document are an essential basis of the bargain between you and [COMPANY SHORT] and apply even if a limited remedy fails of its essential purpose.
6. Jurisdictional exceptions
Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, the Released Parties' liability is limited to the smallest amount permitted by law, and nothing in this document limits rights that cannot be limited by law.
7. Time limit for claims
To the extent permitted by law, any claim arising out of or related to the Service must be filed within one (1) year after the claim arose; otherwise it is permanently barred.
By using the Service, you acknowledge and agree to this Limitation of Liability, Assumption of Risk & Waiver.
Contact: [COMPANY NAME] · [LEGAL EMAIL]