Provision record
Zendesk · Zendesk Terms of Service · View original document ↗

Aggregate liability capped at 12 months of fees paid

High severity High confidence Explicitdocumentlanguage Common · 292 of 352 platforms

Key Facts

What caps the total aggregate liability arising out of or related to the agreement or the services?
Zendesk caps the total aggregate liability of each party and its affiliates arising out of or related to the agreement or the services at the amounts paid or payable by the customer for the services in the 12-month period preceding the claim.
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This analysis describes what Zendesk'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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The cap limits the maximum financial exposure of both parties regardless of the severity or nature of the harm, which may leave the customer undercompensated for significant losses.

Interpretive note: The excerpt is truncated; any exceptions or carve-outs that may follow the ellipsis are not captured and are noted in omitted_material.

Consumer impact (what this means for users)

The customer's ability to recover damages from Zendesk is limited to what the customer paid or owed in the prior 12 months, no matter how large the actual harm.

How other platforms handle this

Leonardo AI Medium

If our Platform is not ordinarily used for personal, household or domestic use, our liability for a breach of your Consumer Law Rights is limited to either resupplying our Services, or paying the cost...

ActiveCampaign Medium

If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.

Netflix Medium

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.

See all platforms with this clause type →

Monitoring

Zendesk has changed this document before.

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▸ View Original Clause Language DOCUMENT RECORD
"
THE TOTAL AGGREGATE LIABILITY OF EACH PARTY AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES WILL IN NO EVENT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER FOR THE SERVICES IN THE 12-MONTH PERIOD PRECEDING...

Excerpt from Zendesk's Terms of Service

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Zendesk Terms of Service
Entity
Zendesk
Document last updated
May 5, 2026
Tracking information
First tracked
July 12, 2026
Last verified
July 12, 2026
Record ID
CA-P-072426
Document ID
CA-D-00638
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
ad77187ab3fa29ea6328dd21e4556f4c93c2d37a21097e73f14eb557afc4482f
Analysis generated
July 12, 2026 15:18 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Zendesk
Document: Zendesk Terms of Service
Record ID: CA-P-072426
Captured: 2026-07-12 15:18:58 UTC
SHA-256: ad77187ab3fa29ea…
URL: https://conductatlas.com/platform/zendesk/zendesk-terms-of-service/provision/CA-P-072426/aggregate-liability-capped-at-12-months-of-fees-paid/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Zendesk's Aggregate liability capped at 12 months of fees paid clause do?

The cap limits the maximum financial exposure of both parties regardless of the severity or nature of the harm, which may leave the customer undercompensated for significant losses.

How does this clause affect you?

The customer's ability to recover damages from Zendesk is limited to what the customer paid or owed in the prior 12 months, no matter how large the actual harm.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 292 platforms. See the full comparison.

Is ConductAtlas affiliated with Zendesk?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Zendesk.