This article applies only to version 3.0 of the Cloud Service Agreement. Uncapped Claims was called Unlimited Claims in earlier versions. For versions 1.x and 2.x, see Increased and Unlimited Claims. Learn more about agreement versions.
Uncapped Claims is an optional variable that appears in the Cloud Service Agreement Cover Page, in the Key Terms section. The claims you list here are not subject to either liability cap: the General Cap Amount or the Supercap.
How to fill this out
Which breaches should have no limit on damages at all? The row begins with this sentence:
Notwithstanding anything to the contrary, the following claims are not subject to the General Cap Amount or the Supercap:
Then select any of these options:
Death, bodily harm, or personal injury
An Indemnifying Party's indemnification obligation
Breach of Section 3 (Privacy & Security) resulting from gross negligence or willful misconduct
Breach of Section 10 (Confidentiality) resulting from gross negligence or willful misconduct (however, excluding any data or security breaches)
Breach of Section 3 (Privacy & Security)
Breach of Section 10 (Confidentiality) (however, excluding any data or security breaches)
Other, where you describe a claim in your own words
Those are the only Uncapped Claims options.
Default: No options selected
NOTE: Section 8.4 of the Standard Terms already says nothing in the agreement limits a party's liability for gross negligence, willful misconduct, or fraud, whether or not you select the gross negligence options here.
What changed from version 2.x
Unlimited Claims was renamed Uncapped Claims.
Death, bodily harm, or personal injury is a new option in version 3.0.
An Indemnifying Party's indemnification obligation is no longer selected by default. In version 3.0 it's an Increased Claim by default, so it's capped at the Supercap.
The operative sentence now appears on the Cover Page rather than in the Standard Terms.