If ClickUp causes you harm, the most you can recover is either $100 or the total amount you paid ClickUp over the past year, whichever is larger, and you cannot recover for lost profits, lost data, or other indirect losses.
This analysis describes what ClickUp'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 store critical project data on ClickUp and pay substantial subscription fees, the liability cap may be far lower than the actual cost of a serious service failure or data loss event, limiting meaningful financial recourse.
Interpretive note: Enforceability of the $100 floor and the consequential damages waiver against individual consumers may be limited in certain jurisdictions, particularly in the EU, UK, and under some U.S. state consumer protection statutes.
If ClickUp loses your data or causes significant service disruption, the financial recovery you can seek is capped at 12 months of fees paid, which for many business users may be a fraction of the actual loss, and consequential damages like lost profits are excluded entirely.
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You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLICKUP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT WILL CLICKUP'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID CLICKUP IN THE LAST TWELVE (12) MONTHS.— Excerpt from ClickUp's ClickUp Terms of Use
REGULATORY LANDSCAPE: Liability limitations in commercial contracts are generally enforceable under U.S. law, though consumer protection statutes in some states may limit the enforceability of consequential damages waivers against individual consumers. EU and UK consumer law may render liability exclusions for certain categories of harm, including personal data breaches, unenforceable against consumers. The GDPR independently preserves data subjects' rights to compensation for data protection violations, which may not be fully waivable through contractual terms. GOVERNANCE EXPOSURE: High for enterprise customers. Organizations storing critical operational data, client files, or regulated data on ClickUp face a situation where the contractual recovery ceiling may not reflect actual business impact from a major incident. A $100 floor is particularly low relative to enterprise subscription costs and potential downstream harm. JURISDICTION FLAGS: EU and UK users may retain statutory rights to compensation for data protection violations that cannot be contractually excluded. California consumers may have additional statutory protections. In the healthcare or financial services context, regulatory penalties and liability may operate independently of this contractual cap. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams negotiating enterprise agreements should seek to raise the liability cap to reflect the value of data stored and the potential cost of service disruption. The exclusion of data loss from recoverable damages is particularly significant for organizations that rely on ClickUp as a primary operational system and should be addressed during vendor risk assessment. COMPLIANCE CONSIDERATIONS: Risk management teams should ensure that contractual liability limitations are factored into business continuity and insurance planning. Organizations subject to data breach notification obligations should note that their regulatory exposure from a ClickUp-related incident may significantly exceed the contractual recovery available under these terms.
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For businesses that store critical project data on ClickUp and pay substantial subscription fees, the liability cap may be far lower than the actual cost of a serious service failure or data loss event, limiting meaningful financial recourse.
If ClickUp loses your data or causes significant service disruption, the financial recovery you can seek is capped at 12 months of fees paid, which for many business users may be a fraction of the actual loss, and consequential damages like lost profits are excluded entirely.
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