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

Consequential damages excluded for both parties

High severity Medium confidence Explicit document language Common · 287 of 352 platforms

Key Facts

What does Zendesk exclude liability for?
Zendesk excludes liability of either party and their affiliates to the other party for consequential damages including lost profits, lost sales or business, and lost data.
Does Zendesk exclude liability for consequential damages including lost profits and lost data?
Zendesk excludes liability of either party and their affiliates to the other party for consequential damages including lost profits, lost sales or business, and lost data.
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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)

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.

Consumer impact (what this means for users)

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.

How other platforms handle this

Skillshare Medium

Please note that these third parties are responsible for their own privacy practices.

ActiveCampaign Medium

You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that ActiveCampaign has no responsibility or liability for any Third Party Content.

Tinder Medium

TINDER ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, AND/OR ACTS ON THROUGH OUR SERVICES, NOR DOES TINDER ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS...

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
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

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-072425
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-072425
Captured: 2026-07-12 15:18:58 UTC
SHA-256: ad77187ab3fa29ea…
URL: https://conductatlas.com/platform/zendesk/zendesk-terms-of-service/provision/CA-P-072425/consequential-damages-excluded-for-both-parties/
Accessed: Sept. 8, 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 Consequential damages excluded for both parties clause do?

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.

How does this clause affect you?

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.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 287 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.