Compare liability limitation governance provisions between GitHub and Cursor. Provisions are extracted from monitored governance documents and classified by severity.
The clause operates to define the scope of GitHub's potential financial exposure by carving out entire categories of harm from recoverable damages. This establishes the boundary of GitHub's assumed liability risk under the agreement, affecting the economic structure of the service relationship.
Consumer impact
Users operate under terms in which GitHub disclaims liability for indirect or consequential damages and data loss claims. The provision applies to all specified damage categories upon continued use of the service, including scenarios involving service interruptions, unauthorized data access, or loss of user-generated content.
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 establishes the operational framework for service availability, specifying that the provider retains unilateral authority to alter service scope and that such changes operate without corresponding liability exposure for the provider. This allocation of modification authority affects the stability and predictability of service access terms.
Consumer impact
Users operate under terms that permit service modifications and discontinuations without advance notice and without provider liability, even for paid features. The terms require users to maintain independent copies of Content if they seek to preserve access to such materials in the event of service modification or discontinuation.
Opt-out available
No opt-out available
Actual clause text
Anysphere may modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Anysphere will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any Content as needed so that you have access in the event the Service is modified and you lose access to such Content.
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.