If Cloudflare's services fail and cause you financial harm, the maximum amount you can recover from Cloudflare is limited to whatever you paid in fees during the 12 months before you filed your claim.
This analysis describes what Cloudflare'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 relying on Cloudflare for mission-critical infrastructure, this cap may be far lower than actual damages suffered during a significant outage or security incident, leaving a substantial financial gap with no contractual remedy.
Interpretive note: Enforceability of the cap may vary by jurisdiction; courts in some states have declined to enforce liability caps in cases involving gross negligence or willful misconduct, and EU consumer protection frameworks may limit enforceability for qualifying consumer users.
This clause limits Cloudflare's financial responsibility to you, regardless of how serious the service failure or harm is, to only the fees you paid in the prior year. If you paid a small monthly plan but suffered large business losses due to a Cloudflare outage, your contractual recovery is capped at those modest fees.
How other platforms handle this
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.
"IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.Excerpt from Cloudflare's Terms of Use
REGULATORY LANDSCAPE: Limitation of liability clauses are generally enforceable in commercial contracts in the US under applicable state contract law, though courts in some jurisdictions have found such caps unenforceable where they are unconscionable or …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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For businesses relying on Cloudflare for mission-critical infrastructure, this cap may be far lower than actual damages suffered during a significant outage or security incident, leaving a substantial financial gap with no contractual remedy.
This clause limits Cloudflare's financial responsibility to you, regardless of how serious the service failure or harm is, to only the fees you paid in the prior year. If you paid a small monthly plan but suffered large business losses due to a Cloudflare outage, your contractual recovery is capped at those modest fees.
ConductAtlas has identified this type of provision across 286 platforms. See the full comparison.
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