General liability is capped at fees paid in the prior 12 months under the applicable Order Form. Data protection claims are subject to a separate cap equal to two times that amount. Both caps apply on an aggregated basis across all affiliated entity agreements and are not cumulative with each other.
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
This provision establishes the maximum financial exposure for both parties across all claim types, with a specific elevated cap for data protection claims that acknowledges the higher potential liability associated with data incidents. The aggregation of both caps across all affiliated entity agreements means that Customers with multiple affiliates on separate Order Forms share a single combined cap.
Under this clause, the maximum amount recoverable from Snowflake for any claim, including data protection claims, is linked to the fees paid under the applicable Order Form in the prior 12 months. For data protection claims, that cap is doubled to two times the prior 12 months of fees. The caps apply in aggregate across all affiliated entity agreements.
Cross-platform context
See how other platforms handle Two-Tier Liability Cap with Data Protection Claims Multiplier and similar clauses.
Compare across platforms →"SUBJECT TO SUBSECTION (C) BELOW, EACH PARTY'S AND ITS AFFILIATES' TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF ANY TYPE) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE TO SNOWFLAKE IN THE PRIOR 12 MONTHS UNDER THE APPLICABLE ORDER FORM(S) OR SOW TO WHICH SUCH LIABILITY RELATES ("GENERAL LIABILITY CAP"); (C) IN THE CASE OF "DATA PROTECTION CLAIMS," EACH PARTY'S AND ITS AFFILIATES' TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF ANY TYPE) SHALL NOT EXCEED TWO TIMES (2X) THE AMOUNT ACTUALLY PAID OR PAYABLE TO SNOWFLAKE IN THE PRIOR TWELVE (12) MONTHS UNDER THE APPLICABLE ORDER FORM(S) OR SOW TO WHICH SUCH LIABILITY RELATES ("DATA PROTECTION CLAIMS CAP").Excerpt from Snowflake's Terms of Service
(1) REGULATORY LANDSCAPE: Data protection liability caps may interact with GDPR enforcement frameworks, which establish data subject rights and potential regulatory penalties independently of contractual liability limits.
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This provision establishes the maximum financial exposure for both parties across all claim types, with a specific elevated cap for data protection claims that acknowledges the higher potential liability associated with data incidents. The aggregation of both caps across all affiliated entity agreements means that Customers with multiple affiliates on separate Order Forms share a single combined cap.
Under this clause, the maximum amount recoverable from Snowflake for any claim, including data protection claims, is linked to the fees paid under the applicable Order Form in the prior 12 months. For data protection claims, that cap is doubled to two times the prior 12 months of fees. The caps apply in aggregate across all affiliated entity agreements.
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