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. TOS Cannot Legalize Negligence: No terms of service can shield a company from liability for its own gross negligence, fraudulent misrepresentation, or failure
by therealcapi 10mo ago
. TOS Cannot Legalize Negligence: No terms of service can shield a company from liability for its own gross negligence, fraudulent misrepresentation, or failure to deliver the core service paid for. These are well-established exceptions to limitation of liability clauses.
2. Their Breach is the Issue: This isn't about a bug or downtime. It's about their platform making unauthorized, destructive changes that consumed all prepaid resources and delivered a fundamentally broken product—a clear breach of the core service agreement itself.
3. The Real Legal Question: The question isn't if I read the TOS. It's whether their TOS can legally excuse systematically destroying a customer's project and then ignoring it. I'm comfortable letting the FTC, the CA Attorney General, and potentially a court answer that."