indemnity liability · Terms of Service

Augment Code policy finding

“ 7.4 LIMITATION OF LIABILITY . EXCEPT FOR A BREACH OF SECTION 1.6, EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 6, AND A PARTY'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT: (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR USE OR LOSS OF DATA, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EXCLUDING CUSTOMER'S OBLIGATION TO PAY THE FEES, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF: (A) THE AMOUNT OF FEES PAID OR PAYABLE BY CUSTOMER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE ACT GIVING RISE TO SUCH CLAIM; OR (B) $5,000 USD, WHETHER AN ACTION IN CONTRACT, TORT, OR OTHERWISE. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. ”

Document

Terms of Service

Captured

2026-07-03

Location

§ 7.4

Snapshot SHA-256

81556f27bd5016cd8f087fa82f5040e2b0fee906b9b36287a17357072c4e04bd

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