Acorns limits the amount and types of damages it can be held responsible for, typically excluding indirect, consequential, or punitive damages arising from use of the platform.
This analysis describes what Acorns'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
This clause functions as an acceptance mechanism for the entire agreement, establishing that continued use constitutes binding acceptance of all stated terms without requiring affirmative signature or explicit opt-in.
Interpretive note: The specific limitation of liability language was not reproduced in the truncated document; this provision is inferred from standard practice in US fintech and financial services terms of service.
In the event of a platform error, service disruption, or data breach, the limitation of liability provision may limit your recovery to direct damages only, excluding any consequential losses such as missed investment opportunities or financial harm caused by delayed access to your account.
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In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
IN NO EVENT WILL DEEPSEEK OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF DEEPSEEK OR ITS AFFILIATES HAVE ...
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PERPLEXITY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS O...
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"You acknowledge that you have read these Terms of Use, and accept, understand and will be bound by such terms and conditions.— Excerpt from Acorns's Acorns Terms of Service
1) REGULATORY LANDSCAPE: Limitation of liability clauses in consumer financial contracts engage the FTC's UDAAP authority and may be subject to challenge where they effectively eliminate any meaningful remedy for consumer harm. SEC and FINRA rules impose non-waivable obligations on broker-dealers that may limit how broadly such clauses can apply to investment-related claims. 2) GOVERNANCE EXPOSURE: Medium. Broad limitation of liability clauses are standard in fintech terms of service, but may be unenforceable to the extent they purport to limit liability for gross negligence, willful misconduct, or violations of federal securities law. Courts in some jurisdictions have declined to enforce such clauses in consumer financial contexts. 3) JURISDICTION FLAGS: California and New York courts may decline to enforce limitation of liability clauses that are unconscionable or that eliminate remedies for statutory violations. The investment advisory and broker-dealer context may impose additional constraints under federal securities law. 4) CONTRACT AND VENDOR IMPLICATIONS: For institutional users, limitation of liability clauses are a standard negotiation point. The scope of the limitation, particularly whether it covers data breaches or security incidents, should be assessed against the institution's own risk tolerance and contractual obligations to its clients. 5) COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether the limitation of liability clause is consistent with non-waivable obligations under FINRA and SEC rules, and whether it adequately addresses data breach notification and liability exposure under applicable state data security laws.
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This clause functions as an acceptance mechanism for the entire agreement, establishing that continued use constitutes binding acceptance of all stated terms without requiring affirmative signature or explicit opt-in.
In the event of a platform error, service disruption, or data breach, the limitation of liability provision may limit your recovery to direct damages only, excluding any consequential losses such as missed investment opportunities or financial harm caused by delayed access to your account.
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