The agreement caps PlanetScale's total aggregate liability to the amount of fees paid in the six months preceding a claim, further limiting liability to $5,000 for claims arising from free-tier or Beta Feature use, and restricts recoverable damages to direct damages only.
This analysis describes what PlanetScale'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 liability ceiling tied to recent fee payments, which for low-spend or new customers may represent a materially limited recovery amount relative to potential data loss or service disruption damages. The $5,000 cap for free-tier and Beta Feature use is a fixed ceiling regardless of the scale of harm attributable to those product categories.
Under this clause, customers' ability to recover damages from PlanetScale is limited to direct damages not exceeding fees paid in the prior six months, or $5,000 for free or Beta Feature use. Indirect, consequential, and lost profits damages are excluded from recovery under the companion disclaimer provision.
Cross-platform context
See how other platforms handle Liability Cap at Six Months of Fees; $5,000 Cap for Free Tier and Beta Features and similar clauses.
Compare across platforms →"PLANETSCALE AND ITS AFFILIATES' AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTE OR OTHERWISE, WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID TO PLANETSCALE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE TIME THE CLAIM AROSE. NOTWITHSTANDING THE FOREGOING, PLANETSCALE'S TOTAL AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO PRODUCT PROVIDED (I) FREE OF CHARGE; OR (II) BETA FEATURES IS LIMITED TO FIVE THOUSAND US DOLLARS ($5000).Excerpt from PlanetScale's Terms of Service
(1) REGULATORY LANDSCAPE: Liability limitation clauses of this type are standard in commercial SaaS agreements and are generally enforceable under U.S.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision establishes a liability ceiling tied to recent fee payments, which for low-spend or new customers may represent a materially limited recovery amount relative to potential data loss or service disruption damages. The $5,000 cap for free-tier and Beta Feature use is a fixed ceiling regardless of the scale of harm attributable to those product categories.
Under this clause, customers' ability to recover damages from PlanetScale is limited to direct damages not exceeding fees paid in the prior six months, or $5,000 for free or Beta Feature use. Indirect, consequential, and lost profits damages are excluded from recovery under the companion disclaimer provision.
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