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The agreement caps Google's total liability to the account holder at the greater of $500 or fees paid in the preceding 12 months, and excludes all liability for indirect, incidental, special, consequential, exemplary, or punitive damages including loss of profits, revenues, data, or goodwill.
This analysis describes what Google'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 provision establishes a significant asymmetry in financial exposure: for account holders using the free tier of Google Analytics (GA4 Properties and UA Properties under 10 million Hits), Google's maximum liability under the agreement is $500. The mutual consequential damages exclusion also applies to the account holder's claims against Google, regardless of the magnitude of business impact from any service failure or data loss.
Interpretive note: Enforceability of this liability cap may vary by jurisdiction, particularly in EU member states where statutory frameworks may establish non-waivable liability for data processing failures independent of contractual limitations.
Under this clause, the agreement limits Google's financial liability for any breach or service failure to a maximum of $500 for free-tier account holders, and excludes recovery for loss of data, profits, revenues, or goodwill. This liability allocation applies to the business account holder rather than to end-user website visitors.
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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...
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"GOOGLE AND GOOGLE AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF GOOGLE OR THE GOOGLE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THIS AGREEMENT. EXCEPT AS PROVIDED IN SECTION 15, THE TOTAL LIABILITY OF GOOGLE AND GOOGLE AFFILIATES ARISING OUT OF OR RELATING TO THIS AGREEMENT IS LIMITED TO THE GREATER OF: (A) $500; OR (B) THE FEES, IF ANY, PAID BY YOU IN THE PREVIOUS 12 MONTHS.Excerpt from Google's Analytics Terms of Service
1. REGULATORY LANDSCAPE: Liability limitation clauses are generally enforced under US contract law when clearly stated, though some state consumer protection statutes and international frameworks may limit their application. EU jurisdictions may assess liability caps against GDPR provisions, which establish non-waivable data subject rights and data controller liability that cannot be fully contracted away. The FTC Act does not directly govern contractual liability caps between commercial parties. 2. GOVERNANCE EXPOSURE: Medium. For businesses relying on Google Analytics for operational decision-making, the $500 liability cap for free-tier users means the agreement provides essentially no meaningful financial recourse for data loss, service unavailability, or erroneous reporting that causes business harm. This should be factored into risk assessments for operational dependency on the service. 3. JURISDICTION FLAGS: EU/EEA entities should note that GDPR Article 82 establishes non-waivable liability for data processors that fail to comply with GDPR obligations, which may operate alongside or independently of this contractual cap. In some EU member states, courts may assess the enforceability of liability exclusions against statutory consumer and commercial protection frameworks. The provision is most clearly applicable to US-based commercial relationships. 4. CONTRACT AND VENDOR IMPLICATIONS: The $500 liability cap represents a standard commercial limitation for free digital services. Organizations for whom Google Analytics data is operationally critical should assess whether this risk allocation is acceptable or whether backup analytics, data export, or alternative arrangements are warranted. The provision does not assert any indemnification by Google for third-party claims arising from service failures. 5. COMPLIANCE CONSIDERATIONS: Legal teams conducting vendor risk assessments should document the liability cap in their risk registers and assess operational dependencies on Google Analytics data for decision-making, reporting, or regulatory compliance purposes. Where Google Analytics data informs regulatory reporting or customer-facing representations, alternative data sources or validation mechanisms may be warranted.
Regulatory citations, enforcement risk, and due diligence action items.
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This provision establishes a significant asymmetry in financial exposure: for account holders using the free tier of Google Analytics (GA4 Properties and UA Properties under 10 million Hits), Google's maximum liability under the agreement is $500. The mutual consequential damages exclusion also applies to the account holder's claims against Google, regardless of the magnitude of business impact from any service …
Under this clause, the agreement limits Google's financial liability for any breach or service failure to a maximum of $500 for free-tier account holders, and excludes recovery for loss of data, profits, revenues, or goodwill. This liability allocation applies to the business account holder rather than to end-user website visitors.
ConductAtlas has identified this type of provision across 292 platforms. See the full comparison.
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