Compare liability limitation governance provisions between GitHub and Cursor. Provisions are extracted from monitored governance documents and classified by severity.
The limitation of liability clause restricts users' ability to recover indirect, consequential, or incidental damages from GitHub, including loss of data or profits, even in cases of service failure or unauthorized access to user data.
Consumer impact
Users cannot recover lost profits, data, or goodwill from GitHub under this clause, even if service disruption or unauthorized data access causes those losses. This provision is operationally significant for businesses that host production-critical code or workflows on GitHub.
Opt-out available
No opt-out available
Actual clause text
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from: the use, disclosure, or display of your User-Generated Content; your use or inability to use the Service; any modification, price change, suspension or discontinuance of the Service; the Service generally or the software or systems that make the Service available; unauthorized access to or alterations of your transmissions or data; statements or conduct of any third party on the Service; any other user interactions that you input or receive through your use of the Service; or any other matter relating to the Service.
AI-extracted from source document. Verify against original for legal use.
This provision allocates all risk from automatically executed AI-generated code to the user, including system outages, data loss, and security vulnerabilities, which is operationally significant for any professional or production environment.
Consumer impact
Users who enable the auto-code execution feature accept sole responsibility for all consequences of automatically executed AI-generated code, including data loss and security vulnerabilities; the agreement states the feature will be clearly labeled to alert users before enabling it.
Opt-out available
No opt-out available
Actual clause text
The Service may include a feature that automatically executes code Suggestions without manual review or confirmation, and will be clearly labeled accordingly. By enabling this feature, you acknowledge and agree that you are assuming all risks associated with the execution of automatically generated code, including without limitation system outages, software defects, data loss, and security vulnerabilities. YOU ARE SOLELY RESPONSIBLE FOR ANY IMPACT RESULTING FROM USE OF THIS FEATURE, INCLUDING ENSURING APPROPRIATE SAFEGUARDS, TESTING, AND MONITORING ARE IN PLACE.
AI-extracted from source document. Verify against original for legal use.
Stripe's arbitration clause is narrower than Amazon's in one key respect: it includes a small claims court carve-out that Amazon's clause does not. PayPal's clause is the most aggressive of the three, explicitly waiving jury trial rights in addition to class action rights. From a compliance perspective, Amazon presents the lowest risk for B2B contracts while PayPal creates the highest exposure for consumer-facing applications subject to CFPB oversight.