The agreement excludes liability for indirect, incidental, special, consequential, or exemplary damages for both parties, explicitly including lost profits, lost revenues, lost customers, lost opportunities, lost goodwill, and data loss, even where the party was aware of the potential for such damages.
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, combined with the aggregate liability cap, means that data loss, service downtime-related revenue loss, customer churn attributable to AWS service failures, and reputational harm are categories of loss for which neither party may seek recovery under the agreement. The exclusion applies symmetrically but is operationally more significant for customers, as AWS service failures are more likely to cause consequential losses to customers than vice versa.
This standalone provision clarifies and strengthens the exclusion of consequential damages with explicit enumeration of damage types, making the liability limitation more specific and enforceable.
View full change record →This clause establishes that lost data, lost revenue, and lost customers are not recoverable damages under the agreement even if directly caused by an AWS service failure, and even if AWS was aware of the potential for such losses. This applies regardless of the legal theory asserted.
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"IN NO EVENT WILL EITHER PARTY OR THEIR AFFILIATES BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, OR DATA, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Excerpt from AWS's Customer Agreement
(1) REGULATORY LANDSCAPE: Mutual consequential damages exclusions are standard in US commercial cloud agreements and are generally enforceable under US law, though enforceability may be limited in cases of gross negligence, willful misconduct, or fraud …
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This provision, combined with the aggregate liability cap, means that data loss, service downtime-related revenue loss, customer churn attributable to AWS service failures, and reputational harm are categories of loss for which neither party may seek recovery under the agreement. The exclusion applies symmetrically but is operationally more significant for customers, as AWS service failures are more likely to cause …
This clause establishes that lost data, lost revenue, and lost customers are not recoverable damages under the agreement even if directly caused by an AWS service failure, and even if AWS was aware of the potential for such losses. This applies regardless of the legal theory asserted.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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