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 cap ties maximum recoverable damages to a backward-looking fee figure, which may be substantially lower than actual losses suffered by the Merchant in a given year.
If Adyen breaches the agreement or commits a tort, the Merchant's maximum recovery is limited to the Processing Fees it paid Adyen in the prior full calendar year, regardless of actual damages.
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"The total liability of Adyen under the Merchant Agreement towards Merchant for breach of contract, tort or under any other legal theory in any calendar year is limited to an amount equal to the total Processing Fees paid by the Merchant to Adyen during the previous full calendar year...— Excerpt from Adyen's Adyen Terms
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The cap ties maximum recoverable damages to a backward-looking fee figure, which may be substantially lower than actual losses suffered by the Merchant in a given year.
If Adyen breaches the agreement or commits a tort, the Merchant's maximum recovery is limited to the Processing Fees it paid Adyen in the prior full calendar year, regardless of actual damages.
ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.
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