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Comment on The madness of SaaS chargebacksparent

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a “punitive” amount of liquidated damages is neither reasonable, nor would it typically be found to have been the product of an actual estimate of the damages

Would note that the Restatement isn’t law, but an influential guideline. As long as the punitive terms are clearly agreed to, they ought to be able to fly. (Particularly if made in exchange for money, e.g. pay a premium to opt out of punitive cancellation.)

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