“EXCEPT FOR EXCLUDED CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY ... WILL EITHER PARTY OR THEIR RESPECTIVE AFFILIATES ... BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA...”
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
Excluding consequential damages means neither party can recover for indirect or downstream financial harm, which is often where the largest losses occur in a service failure.
Interpretive note: The excerpt is truncated with ellipses, indicating additional excluded damage categories and qualifying language that are not captured. Confidence is medium because the full scope of the exclusion and any exceptions cannot be confirmed from the quoted portion alone.
If Zendesk's services cause the customer to lose profits, sales, business, or data, the customer cannot recover those losses from Zendesk under this agreement.
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OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
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"EXCEPT FOR EXCLUDED CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY ... WILL EITHER PARTY OR THEIR RESPECTIVE AFFILIATES ... BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA...Excerpt from Zendesk's Terms of Service
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Excluding consequential damages means neither party can recover for indirect or downstream financial harm, which is often where the largest losses occur in a service failure.
If Zendesk's services cause the customer to lose profits, sales, business, or data, the customer cannot recover those losses from Zendesk under this agreement.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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