Neither party can claim lost profits, indirect damages, or consequential damages from the other, regardless of the circumstances or whether the harm was foreseeable.
This analysis describes what Supabase'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
If Supabase's platform fails and causes your business to lose revenue or customers, this clause limits your ability to recover those losses, even if the failure was caused by Supabase's negligence.
Interpretive note: Enforceability of the full exclusion depends on jurisdiction; EU member state law, UK UCTA, and Singapore UCTA may limit exclusions for gross negligence or wilful misconduct.
The relocation of Supabase's legal entity from Delaware to Singapore may affect which jurisdiction's courts and laws apply to disputes, potentially impacting your ability to pursue claims in US courts and changing which consumer protection laws govern your relationship. The requirement to explicitly click 'I Accept' rather than accepting through sign-up or service use clarifies consent but does not substantively change the agreement's terms. The new section on AI-powered tools discloses that Supabase may use AI chatbots for customer support; review that section to understand how such tools may process your inquiries.
View change record →If a Supabase outage or data loss causes your business to lose revenue, customers, or opportunities, the agreement limits your recoverable damages to direct losses only, excluding lost profits and consequential harm. This is a standard SaaS limitation but is material for businesses running revenue-critical applications on the platform.
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You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
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"IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.— Excerpt from Supabase's Supabase Terms of Service
REGULATORY LANDSCAPE: Limitation of liability clauses in commercial SaaS agreements are generally enforceable under US and English law, subject to unconscionability and negligence carve-outs. EU member state laws may limit exclusions of liability for gross negligence, wilful misconduct, or personal injury. Singapore law, which governs this agreement per the governing law clause, similarly limits exclusion of liability for fraud and wilful misconduct under the Unfair Contract Terms Act (UCTA). GOVERNANCE EXPOSURE: Medium. The exclusion of lost revenue and profit damages is standard in cloud services agreements but creates meaningful financial exposure for customers whose core business operations depend on platform availability. The mutual nature of the clause provides some symmetry but Supabase as the service provider is the more likely defendant. JURISDICTION FLAGS: EU customers should assess whether national law limits the exclusion of consequential damages in B2B agreements, particularly for gross negligence. UK customers should note the Unfair Contract Terms Act 1977 may apply to exclusion clauses in certain commercial contexts. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers should negotiate an aggregate liability cap tied to fees paid and assess whether cyber liability insurance can cover losses not recoverable under the agreement. The exclusion of third-party claims means customers cannot recover on behalf of their own end users affected by a Supabase failure. COMPLIANCE CONSIDERATIONS: Risk management teams should evaluate whether the limitation of liability is acceptable given the criticality of Supabase to business operations, and consider negotiating enhanced SLA remedies or specific performance obligations in the Order.
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If Supabase's platform fails and causes your business to lose revenue or customers, this clause limits your ability to recover those losses, even if the failure was caused by Supabase's negligence.
If a Supabase outage or data loss causes your business to lose revenue, customers, or opportunities, the agreement limits your recoverable damages to direct losses only, excluding lost profits and consequential harm. This is a standard SaaS limitation but is material for businesses running revenue-critical applications on the platform.
ConductAtlas has identified this type of provision across 266 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Supabase.