The agreement excludes liability for indirect, incidental, consequential, or exemplary damages, loss of content value, profits, revenues, customers, goodwill, and service unavailability. Aggregate liability for either party is capped at the amounts paid by the customer to AWS for the relevant services during the 12 months preceding the liability. Both caps are subject to exceptions where applicable law prohibits limitation.
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
The liability cap at 12 months of paid fees and the exclusion of consequential damages, including loss of content value and service unavailability, are operationally significant for customers whose business operations depend on AWS services. Losses from service outages, data unavailability, or business disruption would not be recoverable beyond the 12-month fee cap under these terms.
Under Section 9, AWS's aggregate liability to customers for any claim is capped at the fees paid for the relevant services in the 12 months before the liability arose, and neither party may recover consequential, indirect, or exemplary damages or the value of lost content. Service credit remedies under SLAs are expressly preserved within the agreement framework.
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Compare across platforms →"EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTION 7, NEITHER AWS NOR YOU, NOR ANY OF THEIR AFFILIATES OR LICENSORS, WILL HAVE LIABILITY TO THE OTHER UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (B) THE VALUE OF YOUR CONTENT, (C) LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, OR (D) UNAVAILABILITY OF THE SERVICES OR AWS CONTENT... THE AGGREGATE LIABILITY UNDER THIS AGREEMENT OF EITHER AWS OR YOU... WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO AWS UNDER THIS AGREEMENT FOR THE SERVICES THAT GAVE RISE TO THE LIABILITY DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE.Excerpt from AWS's Customer Agreement
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The liability cap at 12 months of paid fees and the exclusion of consequential damages, including loss of content value and service unavailability, are operationally significant for customers whose business operations depend on AWS services. Losses from service outages, data unavailability, or business disruption would not be recoverable beyond the 12-month fee cap under these terms.
Under Section 9, AWS's aggregate liability to customers for any claim is capped at the fees paid for the relevant services in the 12 months before the liability arose, and neither party may recover consequential, indirect, or exemplary damages or the value of lost content. Service credit remedies under SLAs are expressly preserved within the agreement framework.
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