Acorns · Acorns Terms of Service

Limitation of Liability — 12-Month Fee Cap

High severity
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What it is

Even if Acorns makes a serious mistake that costs you money, the most you can recover from them is capped at whatever fees you paid Acorns in the past 12 months — not your actual investment losses.

Consumer impact (what this means for users)

This cap means that if Acorns makes an error that costs you hundreds or thousands of dollars in investment losses, your maximum legal recovery is limited to a few months of subscription fees — a significant financial risk for anyone with substantial assets on the platform.

Cross-platform context

See how other platforms handle Limitation of Liability — 12-Month Fee Cap and similar clauses.

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Why it matters (compliance & risk perspective)

If you have significant investment assets with Acorns and suffer losses due to a platform error or negligence, you could be legally limited to recovering only a small amount (e.g., $36–$60 in annual subscription fees) regardless of actual harm suffered.

View original clause language
IN NO EVENT WILL ACORNS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. IN NO EVENT SHALL ACORNS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT OF FEES PAID BY YOU TO ACORNS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: Limitation of liability clauses in investment adviser agreements are evaluated under the Investment Advisers Act of 1940, Section 206 (anti-fraud provisions), which prohibits advisers from contracting out of fiduciary liability. The SEC has taken the position that certain liability caps may be inconsistent with an investment adviser's fiduciary duty under the Advisers Act. FTC Act Section 5 also applies if the cap is deemed deceptive. State securities laws (Blue Sky laws) in California, New York, and Texas impose additional fiduciary standards that may limit enforceability. (2)

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Applicable agencies

  • SEC
    The SEC regulates investment adviser fiduciary duties and has scrutinized liability cap provisions in registered investment adviser agreements as potentially inconsistent with the Investment Advisers Act of 1940.
    File a complaint →
  • CFPB
    The CFPB has authority over unfair, deceptive, or abusive acts in consumer financial products, which may apply if the liability cap is deemed to undermine reasonable consumer expectations in a banking or payment context.
    File a complaint →

Provision details

Document information
Document
Acorns Terms of Service
Entity
Acorns
Document last updated
April 29, 2026
Tracking information
First tracked
April 18, 2026
Last verified
April 18, 2026
Record ID
CA-P-002882
Document ID
CA-D-00171
Evidence Provenance
Source URL
Wayback Machine
SHA-256
3556a6294c711a9f21e9724c15204e0cd4633d587f15678cae73f7e8ac9a9bb4
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Acorns | Document: Acorns Terms of Service | Record: CA-P-002882
Captured: 2026-04-18 10:31:41 UTC | SHA-256: 3556a6294c711a9f…
URL: https://conductatlas.com/platform/acorns/acorns-terms-of-service/limitation-of-liability-12-month-fee-cap/
Accessed: May 2, 2026
Classification
Severity
High
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