Terms of Service FAQ

March 27, 2026

Limitation of Liability; Indemnification

These Terms of Service FAQs are for informational purposes only—they are not contractual or binding in nature. These FAQs should not be seen as a substitute for reading and understanding BambooHR’s Terms of Service. Please see section 17.9 of the Terms of Service for additional information.

Does BambooHR offer an expanded limitation of liability? (9.3)

No, BambooHR does not offer any expanded or unlimited limitation of liability. BambooHR has conducted a risk-assessment of its business, and we believe that the limitation of liability we offer is reasonable for our services. Based on our research, 6 to 12 months of fees is industry standard for SAAS. Typically, an expansion of liability coverage would necessitate a higher cost for services to balance that assumption of liability (especially if that liability had to be multiplied across the thousands of BambooHR customers). BambooHR strives to create a favorable cost-to-value ratio for our customers and to keep things simple as it relates to its pricing structure. See video at bottom of page for more info.

If a Security Breach occurs, how is that liability allocated between BambooHR and its customers? (9.3-10.3)

As it relates to a Security Breach, BambooHR agrees to have reasonable security measures to protect our customer’s data (ToS 4.3). If we fail in that regard due to our gross negligence or willful misconduct, then we're not limiting our liability (ToS 9.3). But as we say in our Privacy Policy (ToS 6), no transmission or method of storage over the internet is ever 100% secure; therefore, we cannot guarantee the security of such data, and our security measures are built with the understanding that our customers will be employing security controls as well within their own environments. Thus, for example, if a Security Breach occurs because of the actions of a customer or even despite our implementation of reasonable security measures, that is still the responsibility of the customer as the owner of the data. Our invitation to all BambooHR customers is to review our security measures and decide if they're comfortable with proceeding with our services. We are happy to share our Safebase security profile with you, which contains things like our SOC II audit and other documentation, so you may conduct such a review.

Does BambooHR offer modified or expanded indemnification? (11)

No, BambooHR does not offer modified or expanded indemnifications. BambooHR has conducted a risk-assessment of its business, and we believe the indemnification we offer is reasonable for our services and appropriately tailored to each party’s responsibilities under the Terms.