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 provision restricts the financial exposure of both parties in disputes by establishing a quantified upper bound on recoverable damages and categorically excluding certain damage categories from recovery, which affects the cost structure of dispute resolution under the agreement.
Changed from mutual liability cap to Snowflake-specific cap, and replaced 'EACH PARTY'S TOTAL CUMULATIVE LIABILITY' language with 'SNOWFLAKE'S AGGREGATE LIABILITY', creating asymmetric liability exposure.
View full change record →Customers operating under this agreement are subject to a damage recovery cap equal to 12 months of fees paid and are excluded from recovering indirect or consequential damages, even if Snowflake was advised of the possibility of such damages. This limits the remedies available in claims arising from the agreement, whether based on contract or tort theories.
How other platforms handle this
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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...
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.
"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 Terms of Service
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The provision restricts the financial exposure of both parties in disputes by establishing a quantified upper bound on recoverable damages and categorically excluding certain damage categories from recovery, which affects the cost structure of dispute resolution under the agreement.
Customers operating under this agreement are subject to a damage recovery cap equal to 12 months of fees paid and are excluded from recovering indirect or consequential damages, even if Snowflake was advised of the possibility of such damages. This limits the remedies available in claims arising from the agreement, whether based on contract or tort theories.
ConductAtlas has identified this type of provision across 286 platforms. See the full comparison.
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