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
For businesses storing large volumes of data or running critical workloads on Snowflake, a service failure or data loss event could cause business damages far exceeding twelve months of subscription fees, and this clause limits the financial remedy available under the contract.
The agreement authorizes Snowflake to collect Usage Data describing how users interact with the platform and to use that data to operate and improve its services, though the terms state this data will not be disclosed in a form that identifies the customer. Snowflake's financial liability for service outages or data loss is capped at fees paid in the prior 12 months, and the agreement excludes consequential and indirect damages, which means recovery for losses exceeding that cap is not available under these terms. You can review and negotiate a Data Processing Addendum with Snowflake if your organization processes personal data on the platform under GDPR, CCPA, or other privacy frameworks.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
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"IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.— Excerpt from Snowflake's Snowflake Terms of Service
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For businesses storing large volumes of data or running critical workloads on Snowflake, a service failure or data loss event could cause business damages far exceeding twelve months of subscription fees, and this clause limits the financial remedy available under the contract.
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