If something goes seriously wrong, neither side can recover more than what was paid in the last 12 months, and neither side can sue for lost profits, lost data value, or other indirect losses.
This analysis describes what Egnyte'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 storing high-value or irreplaceable data on Egnyte, the cap on liability may be far lower than the actual cost of a data loss or prolonged outage event.
If Egnyte experiences a breach or outage that damages your business, the maximum you can recover is limited to 12 months of subscription fees, regardless of the actual financial harm caused.
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) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.Excerpt from Egnyte's Terms of Service
(1) REGULATORY LANDSCAPE: Limitation of liability clauses are standard in commercial SaaS agreements and are generally enforceable in most U.S.
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For businesses storing high-value or irreplaceable data on Egnyte, the cap on liability may be far lower than the actual cost of a data loss or prolonged outage event.
If Egnyte experiences a breach or outage that damages your business, the maximum you can recover is limited to 12 months of subscription fees, regardless of the actual financial harm caused.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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