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
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.
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.
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"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 Zendesk Terms of Service
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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.
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.
ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.
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