If something goes seriously wrong, neither party can sue the other for indirect losses like lost profits or business disruption, and Amplitude's total financial liability to you is capped at what you paid in the last twelve months.
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
This clause means that in the event of a major data incident or prolonged service outage, the maximum financial recovery from Amplitude is limited to one year of subscription fees, which may be far less than the actual business harm suffered.
Businesses face a hard ceiling on what they can recover from Amplitude even in the event of a significant data breach or service failure, limited to fees paid over the prior twelve months. Consequential losses such as lost revenue, regulatory fines attributable to Amplitude's failure, or reputational damage are explicitly excluded.
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"IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO AMPLITUDE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.Excerpt from Amplitude's Terms of Service
(1) REGULATORY LANDSCAPE: This provision is a standard commercial limitation of liability clause and does not directly implicate a specific regulatory framework, but it interacts with GDPR Article 82 (right to compensation for data subjects) …
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This clause means that in the event of a major data incident or prolonged service outage, the maximum financial recovery from Amplitude is limited to one year of subscription fees, which may be far less than the actual business harm suffered.
Businesses face a hard ceiling on what they can recover from Amplitude even in the event of a significant data breach or service failure, limited to fees paid over the prior twelve months. Consequential losses such as lost revenue, regulatory fines attributable to Amplitude's failure, or reputational damage are explicitly excluded.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Amplitude.