Databricks is not responsible for any indirect losses you suffer from using their websites, including lost profits, lost data, or other economic harm, even if they knew such harm was possible.
This analysis describes what Databricks'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
This clause significantly limits the financial remedies available to users who suffer harm as a result of relying on Databricks website content or experiencing service problems, including data loss.
Interpretive note: Enforceability of the blanket consequential damages exclusion varies by jurisdiction and may be limited under EU consumer law or California consumer protection statutes depending on the nature of the user relationship.
Clause now includes 'TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW' qualifier, adds 'EXEMPLARY' and 'STRICT LIABILITY' categories, removes 'SERVICE PROVIDERS' and 'PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS' specifics, and changes structure to 'THAT YOU MAY INCUR IN CONNECTION WITH.'
View full change record →If a user relies on information from a Databricks website and suffers a business or financial loss as a result, the terms state Databricks is not liable for that type of damage, substantially limiting any potential legal claim.
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To the maximum extent permitted by applicable law, Pinterest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, res...
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DATABRICKS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) THAT YOU MAY INCUR IN CONNECTION WITH THE SITES OR THESE TERMS, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF DATABRICKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.— Excerpt from Databricks's Databricks Terms of Service
(1) REGULATORY LANDSCAPE: Limitation of liability clauses are standard in commercial technology terms of service, and courts generally enforce them in B2B contexts. However, consumer protection laws in certain jurisdictions, including EU consumer rights frameworks and California consumer protection statutes, may limit the enforceability of blanket liability exclusions against individual consumers. The document applies California law, where courts apply a reasonableness standard to limitation clauses. (2) GOVERNANCE EXPOSURE: Low to Medium for enterprise users; the clause is standard and broadly consistent with industry norms for public website terms. The scope of covered parties is broad, including affiliates, officers, directors, employees, agents, suppliers, and licensors, which represents comprehensive downstream protection for Databricks. (3) JURISDICTION FLAGS: EU consumer law, particularly the Unfair Terms in Consumer Contracts Directive, may render blanket consequential damage exclusions unenforceable against individual consumers in EU member states. California's consumer protection statutes may similarly limit enforceability in specific consumer-facing contexts. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should confirm that the limitation of liability in these website terms does not inadvertently govern commercial service agreements, which typically carry separate and more specifically negotiated liability frameworks. If these website terms are incorporated by reference in broader service contracts, the limitation clause scope should be reviewed. (5) COMPLIANCE CONSIDERATIONS: Legal teams reviewing vendor contracts with Databricks should confirm that liability provisions in commercial agreements are not subject to override or incorporation of these public website terms, and should document the basis for any separate agreed liability caps.
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This clause significantly limits the financial remedies available to users who suffer harm as a result of relying on Databricks website content or experiencing service problems, including data loss.
If a user relies on information from a Databricks website and suffers a business or financial loss as a result, the terms state Databricks is not liable for that type of damage, substantially limiting any potential legal claim.
ConductAtlas has identified this type of provision across 265 platforms. See the full comparison.
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