AWS's total financial liability to a customer for any claim arising under the agreement is capped at the total fees the customer paid for the specific service at issue during the twelve months preceding the claim, with a $25 cap for free services. This cap applies regardless of the number or nature of claims.
This analysis describes what AWS'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 provision establishes a financial ceiling on AWS's recoverable liability that may be significantly lower than actual losses experienced by customers in the event of a service failure, data loss, or other breach. For customers paying relatively modest monthly fees but operating high-value production workloads, the cap could result in a material disproportion between recoverable damages and actual financial impact.
This new provision imposes a strict monetary cap on AWS's liability, significantly limiting customer recovery to 12 months of fees paid or $25 for free services, fundamentally altering liability exposure.
View full change record →Under this clause, the maximum amount a customer could recover from AWS for any claim, including service outages, data loss, or breach of contract, is limited to fees paid in the prior 12 months for the specific service involved. The agreement separately excludes indirect and consequential damages, further narrowing the scope of recoverable losses.
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"Our aggregate liability under this Agreement will not exceed the amount you actually paid us under this Agreement for the Service Offering that gave rise to the claim during the 12 months before the liability arose. If the claim relates to a Service Offering for which there are no fees, our aggregate liability will not exceed $25.Excerpt from AWS's Customer Agreement
(1) REGULATORY LANDSCAPE: Liability limitation clauses of this type are common in cloud infrastructure agreements and are generally enforceable under US commercial law, though specific jurisdictions including some EU member states may limit the enforceability …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision establishes a financial ceiling on AWS's recoverable liability that may be significantly lower than actual losses experienced by customers in the event of a service failure, data loss, or other breach. For customers paying relatively modest monthly fees but operating high-value production workloads, the cap could result in a material disproportion between recoverable damages and actual financial impact.
Under this clause, the maximum amount a customer could recover from AWS for any claim, including service outages, data loss, or breach of contract, is limited to fees paid in the prior 12 months for the specific service involved. The agreement separately excludes indirect and consequential damages, further narrowing the scope of recoverable losses.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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