Even if Binance.US causes you financial harm through its platform, your total recoverable damages are capped at whichever is greater: the fees you paid in the last three months or $100. You cannot recover lost profits, lost data, or other indirect losses.
This analysis describes what Binance.US'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 agreement caps total recoverable damages at a low threshold, meaning users who experience significant financial losses due to platform errors, outages, or misconduct may be contractually limited to recovering only a small fraction of their actual losses under this clause.
Interpretive note: Enforceability of the damages cap may vary by jurisdiction depending on applicable state consumer protection law and whether specific state statutes impose minimum liability standards for financial services providers.
The updated terms introduce automatic enrollment in Soft-Staking for eligible tokens held in user accounts, meaning assets will be staked on Binance.US's behalf with third-party providers unless users opt out before the policy takes effect. Previously, the terms stated staking was optional and required explicit designation. The revised language also establishes that starting July 1, 2026, users will receive at least 14 days' notice before material changes to fee schedules, terms, or account policies take effect. Users can avoid automatic staking by opting out before July 1, 2026, or by withdrawing or designating specific tokens as ineligible for Soft-Staking.
View change record →This provision limits the maximum amount a user can recover from Binance.US for any claim, including claims arising from trading losses, platform outages, or data errors, to the greater of fees paid in the prior three months or $100, regardless of actual financial harm suffered.
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BINANCE.US, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS, OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES. IN NO EVENT WILL BINANCE.US'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO BINANCE.US IN THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.Excerpt from Binance.US's Terms of Use
REGULATORY LANDSCAPE: Limitation of liability clauses in financial services consumer contracts may engage state consumer protection statutes that restrict the ability of service providers to contractually limit liability for their own negligence or misconduct.
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The agreement caps total recoverable damages at a low threshold, meaning users who experience significant financial losses due to platform errors, outages, or misconduct may be contractually limited to recovering only a small fraction of their actual losses under this clause.
This provision limits the maximum amount a user can recover from Binance.US for any claim, including claims arising from trading losses, platform outages, or data errors, to the greater of fees paid in the prior three months or $100, regardless of actual financial harm suffered.
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