Provision record
Heap · Heap Terms of Service · View original document ↗

Liability Cap Exceptions for Gross Negligence and Willful Misconduct

High severity Explicitdocumentlanguage Common · 292 of 352 platforms
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How other platforms handle this

ActiveCampaign Medium

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.

Leonardo AI Medium

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...

Netflix Medium

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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▸ View Original Clause Language DOCUMENT RECORD
"
Except for: (a) the Parties' express obligations under Section 9 (Third-Party Claims); (b) damages resulting from death or bodily injury...caused by either Party's gross negligence; (c) damages resulting from either Party's gross negligence or willful misconduct...

Excerpt from Heap's Terms of Service

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Heap Terms of Service
Entity
Heap
Document last updated
May 5, 2026
Tracking information
First tracked
July 12, 2026
Last verified
July 12, 2026
Record ID
CA-P-073087
Document ID
CA-D-00705
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
2473664e4d72b3895db4decc2c14bf585534ef5a947445a906324608eafc4131
Analysis generated
July 12, 2026 15:50 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Heap
Document: Heap Terms of Service
Record ID: CA-P-073087
Captured: 2026-07-12 15:50:23 UTC
SHA-256: 2473664e4d72b389…
URL: https://conductatlas.com/platform/heap/heap-terms-of-service/provision/CA-P-073087/liability-cap-exceptions-for-gross-negligence-and-willful-misconduct/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.

Frequently Asked Questions

What does Heap's Liability Cap Exceptions for Gross Negligence and Willful Misconduct clause do?

The clause states: “Except for: (a) the Parties' express obligations under Section 9 (Third-Party Claims); (b) damages resulting from death or bodily injury...caused by either Party's gross negligence; (c) damages resulting from either Party's gross negligence or willful misconduct...”

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 292 platforms. See the full comparison.

Is ConductAtlas affiliated with Heap?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Heap.