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This analysis describes what Brex'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 the maximum recoverable amount to historical fee payments, which may be very low or zero for readers who paid little or nothing in fees, substantially limiting recoverable damages.
Interpretive note: The excerpt references categories '(i)-(iv)' that are not reproduced here. The canonical claim accurately states the cap formula but cannot enumerate the full scope of covered subject matters from this excerpt alone.
The reader's recovery from Brex is capped at the total fees actually paid to Brex in the twelve months before the event giving rise to the claim, regardless of the magnitude of actual harm.
How other platforms handle this
If our Platform is not ordinarily used for personal, household or domestic use, our liability for a breach of your Consumer Law Rights is limited to either resupplying our Services, or paying the cost...
If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
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"Our maximum liability to you arising from or related to (i)-(iv) above is limited to the total amount of Fees actually paid by you to Brex in the twelve months preceding the event that is the basis of your claim.Excerpt from Brex's Terms of Service
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
The cap ties the maximum recoverable amount to historical fee payments, which may be very low or zero for readers who paid little or nothing in fees, substantially limiting recoverable damages.
The reader's recovery from Brex is capped at the total fees actually paid to Brex in the twelve months before the event giving rise to the claim, regardless of the magnitude of actual harm.
ConductAtlas has identified this type of provision across 292 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Brex.