Neither Snowflake nor you can sue the other for lost profits, lost data, business interruption, or other indirect losses, even if the other party knew those losses were possible.
This analysis describes what Snowflake'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 agreement explicitly excludes recovery for lost data and business interruption, which are among the most likely and significant harms that could arise from a cloud platform failure; this provision operates in tandem with the 12-month fee cap to define the outer boundary of Snowflake's financial exposure.
Removal of mutual exclusion of consequential damages means parties may now recover lost profits, business interruption, and data loss damages subject only to liability caps.
View full change record →Expanded exclusion list to explicitly include 'LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS' and added 'RELIANCE' damages, providing more specific carve-outs.
View full change record →This provision states that Snowflake cannot be held liable for lost data, business interruption, or lost profits arising from service failures, even where Snowflake was aware such losses were possible, which directly affects the recourse available to organizations that experience data loss or extended outages on the platform.
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"IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THEIR POSSIBILITY IN ADVANCE.Excerpt from Snowflake's Terms of Service
REGULATORY LANDSCAPE: Consequential damages exclusions are standard in enterprise SaaS agreements and are generally enforceable under California law.
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The agreement explicitly excludes recovery for lost data and business interruption, which are among the most likely and significant harms that could arise from a cloud platform failure; this provision operates in tandem with the 12-month fee cap to define the outer boundary of Snowflake's financial exposure.
This provision states that Snowflake cannot be held liable for lost data, business interruption, or lost profits arising from service failures, even where Snowflake was aware such losses were possible, which directly affects the recourse available to organizations that experience data loss or extended outages on the platform.
ConductAtlas has identified this type of provision across 286 platforms. See the full comparison.
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