“the total, cumulative liability of each Party (and their respective Affiliates) arising out of or related to the Agreement will be limited to the amounts paid by Customer for the CS Service during the twelve (12) month period preceding the first event giving rise to liability.”
This analysis describes what Heap'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
The liability cap is pegged to historical fees paid, which may be substantially lower than the actual damages a party suffers, limiting practical recovery.
No matter how large your damages, you can recover from Contentsquare only up to the fees you paid for the CS Service in the twelve months before the first triggering event; Contentsquare faces the same cap on what it can recover from you.
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"the total, cumulative liability of each Party (and their respective Affiliates) arising out of or related to the Agreement will be limited to the amounts paid by Customer for the CS Service during the twelve (12) month period preceding the first event giving rise to liability.Excerpt from Heap's Contentsquare Master Service Agreement
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The liability cap is pegged to historical fees paid, which may be substantially lower than the actual damages a party suffers, limiting practical recovery.
No matter how large your damages, you can recover from Contentsquare only up to the fees you paid for the CS Service in the twelve months before the first triggering event; Contentsquare faces the same cap on what it can recover from you.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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