This analysis describes what Amplitude's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The clause establishes a reciprocal limitation on recoverable damages that applies across all causes of action and legal theories. This restriction shapes the maximum financial exposure each party faces in disputes arising from or related to the agreement.
Under this provision, if a user initiates a claim against Amplitude, damages recoverable are limited to direct damages only; consequential, indirect, and punitive damages are excluded from recovery regardless of the nature of the alleged harm or the legal basis for the claim.
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"IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.— Excerpt from Amplitude's Amplitude Terms of Service
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The clause establishes a reciprocal limitation on recoverable damages that applies across all causes of action and legal theories. This restriction shapes the maximum financial exposure each party faces in disputes arising from or related to the agreement.
Under this provision, if a user initiates a claim against Amplitude, damages recoverable are limited to direct damages only; consequential, indirect, and punitive damages are excluded from recovery regardless of the nature of the alleged harm or the legal basis for the claim.
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