If Calendly causes you harm, the maximum amount you can recover from them is limited to whatever you paid Calendly in the 12 months before the problem occurred, regardless of how large your actual losses are.
This analysis describes what Calendly'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
For businesses that rely heavily on Calendly for scheduling operations, this cap may be significantly lower than actual losses caused by a service outage, data breach, or other failure, particularly for high-value subscription tiers.
This clause limits Calendly's financial exposure to customers to 12 months of subscription fees, which may be much less than actual damages a business suffers as a result of a serious platform failure or data incident.
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Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
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"In no event will either party's aggregate liability to the other party for any claims arising out of or related to these Customer Terms or the Services exceed the total amounts paid or payable by Customer to Calendly during the 12-month period immediately preceding the claim. The foregoing limitations will apply whether the claims are based in contract, tort (including negligence), strict liability, or any other legal theory.— Excerpt from Calendly's Calendly Terms of Use
(1) REGULATORY LANDSCAPE: Limitation of liability clauses in commercial SaaS agreements are broadly enforceable under U.S. contract law and are a standard feature of the industry. However, some jurisdictions (notably in the EU under consumer protection frameworks and certain state laws) limit the enforceability of liability caps in consumer-facing contexts or where gross negligence or willful misconduct is involved. Some courts have also declined to enforce caps where the limitation renders the contract illusory. (2) GOVERNANCE EXPOSURE: Medium. The 12-month fee cap is commercially standard in SaaS contracting but may be inadequate for enterprise customers with high operational dependency on Calendly. Organizations using Calendly for mission-critical scheduling across large customer-facing teams should evaluate whether the cap aligns with their risk tolerance and potential exposure in a data incident scenario. (3) JURISDICTION FLAGS: EU consumer protection law may limit the enforceability of liability caps in consumer contexts. California courts have occasionally scrutinized caps that are disproportionate to actual harm. Where Calendly is used in regulated industries, sector-specific liability frameworks (such as HIPAA in healthcare) may impose separate obligations that are not extinguished by this contractual cap. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers should attempt to negotiate a higher cap or carve-outs for data breach events, particularly given the invitee data controller obligations that could generate third-party liability exceeding 12 months of fees. Procurement teams should compare the cap against their internal exposure modeling for scheduling platform dependency. (5) COMPLIANCE CONSIDERATIONS: Risk and legal teams should assess whether Calendly's liability cap is consistent with the organization's vendor risk management standards and whether cyber insurance or other coverage addresses the gap between the cap and potential actual loss.
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For businesses that rely heavily on Calendly for scheduling operations, this cap may be significantly lower than actual losses caused by a service outage, data breach, or other failure, particularly for high-value subscription tiers.
This clause limits Calendly's financial exposure to customers to 12 months of subscription fees, which may be much less than actual damages a business suffers as a result of a serious platform failure or data incident.
ConductAtlas has identified this type of provision across 14 platforms. See the full comparison.
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