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.
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.
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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 Heap Terms of Service
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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 289 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Heap.