This analysis describes what Adyen'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
The liability limitation establishes a defined financial exposure threshold for Adyen and restricts the categories of recoverable damages. This provision operationalizes the agreement's risk allocation framework by preventing damages awards that exceed recent fee payments or fall into excluded damage categories.
Merchants' potential recovery in disputes with Adyen is restricted to fees paid in the preceding three months, and they cannot recover indirect, incidental, special, or consequential damages regardless of the underlying claim. This means damages claims related to lost business opportunity, lost revenue, reputational harm, or system downtime impacts are excluded from recovery.
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"Adyen's total liability to the merchant under or in connection with this Agreement, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total fees paid by the merchant to Adyen in the three (3) months preceding the event giving rise to the claim. In no event shall Adyen be liable for any indirect, incidental, special, or consequential damages.— Excerpt from Adyen's Adyen Terms
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The liability limitation establishes a defined financial exposure threshold for Adyen and restricts the categories of recoverable damages. This provision operationalizes the agreement's risk allocation framework by preventing damages awards that exceed recent fee payments or fall into excluded damage categories.
Merchants' potential recovery in disputes with Adyen is restricted to fees paid in the preceding three months, and they cannot recover indirect, incidental, special, or consequential damages regardless of the underlying claim. This means damages claims related to lost business opportunity, lost revenue, reputational harm, or system downtime impacts are excluded from recovery.
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