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 cap limits the maximum financial exposure of both parties to a backward-looking 12-month fee figure tied to the specific Services involved, which may be far lower than actual damages suffered.
Customers cannot recover from AWS, and AWS cannot recover from customers, more than the fees paid for the relevant Services in the 12 months before the liability arose.
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If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
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"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 AWS Customer Agreement
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The cap limits the maximum financial exposure of both parties to a backward-looking 12-month fee figure tied to the specific Services involved, which may be far lower than actual damages suffered.
Customers cannot recover from AWS, and AWS cannot recover from customers, more than the fees paid for the relevant Services in the 12 months before the liability arose.
ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.
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