The general liability cap is set at twelve months of fees paid. For claims arising from Atlassian's unauthorized disclosure of Customer Data caused by a breach of its security program obligations, a higher cap applies: two times fees paid during the preceding twelve months or US$5,000,000, whichever is lower.
This analysis describes what Loom'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 the financial ceiling on Atlassian's liability for data security failures, with the Special Claims cap creating a specific recovery ceiling for unauthorized Customer Data disclosures that may be substantially lower than actual damages for high-value enterprise data incidents.
Under this clause, Customer's financial recovery from Atlassian for a security breach resulting in unauthorized Customer Data disclosure is capped at two times the fees paid in the prior twelve months or US$5,000,000, whichever is less; Customer payment obligations are explicitly excluded from the general liability cap.
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Compare across platforms →"Except for Excluded Claims or Special Claims, to the maximum extent permitted by Law, each party's entire liability arising out of or related to this Agreement will not exceed in aggregate the amounts paid to Atlassian for the Products, Support and Advisory Services giving rise to the liability during the twelve (12) months preceding the first event out of which the liability arose. Customer's payment obligations under Sections 10.1 (Fees) and 10.2 (Taxes) are not limited by this Section 14.2. For Special Claims, Atlassian's aggregate liability under this Agreement will be the lesser of: (a) two times (2x) the amounts paid to Atlassian for the Products, Support and Advisory Services giving rise to the Special Claim during the twelve (12) months preceding the first event out of which the Special Claim arose, and (b) US$5,000,000. "Special Claims" means any unauthorized disclosure of Customer Data or Customer Materials caused by a breach by Atlassian of its obligations in Section 4.2 (Security Program).Excerpt from Loom's Terms of Service
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This provision establishes the financial ceiling on Atlassian's liability for data security failures, with the Special Claims cap creating a specific recovery ceiling for unauthorized Customer Data disclosures that may be substantially lower than actual damages for high-value enterprise data incidents.
Under this clause, Customer's financial recovery from Atlassian for a security breach resulting in unauthorized Customer Data disclosure is capped at two times the fees paid in the prior twelve months or US$5,000,000, whichever is less; Customer payment obligations are explicitly excluded from the general liability cap.
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