This provision excludes Coinbase's liability for indirect, incidental, special, punitive, and consequential damages, including loss of data, revenue, profits, or other financial benefits, to the maximum extent permitted by applicable law.
This analysis describes what Coinbase'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 limits the categories of damages users may recover from Coinbase in the event of service failures, unauthorized transactions, data breaches, or other platform-related losses, restricting recovery to direct damages subject to any applicable liability cap stated elsewhere in the agreement.
Interpretive note: Enforceability of consequential damage exclusions varies by jurisdiction and may be limited by applicable consumer protection or financial services regulation.
The updated terms establish a new arrangement for USDC designated as 'Secured USDC' in connection with the Coinbase One Card. Under the revised language, if you designate USDC in your wallet as Secured USDC, you agree that Coinbase may transfer that amount to a third party designated as the secured party, and you will be restricted from withdrawing or transferring those funds. Additionally, the secured party's instructions to Coinbase regarding those assets take priority over any conflicting instructions you provide. The agreement states that you consent to all such permitted transfers. This arrangement operates independently of amounts owed to Coinbase, meaning Secured USDC will not be debited to satisfy debts you owe to Coinbase.
View change record →The updated terms eliminate language that previously allowed Coinbase to restrict your withdrawals if you designated USDC as Secured USDC and to comply with third-party secured party instructions without your consent. Under the revised agreement, Coinbase will not transfer, loan, or otherwise handle your Supported Digital Assets except as required by law or as you instruct. This means the One Card Secured USDC mechanism is no longer integrated into the core asset protection clause, and users no longer face withdrawal restrictions or loss of instruction authority tied to that designation. If you currently hold Secured USDC under a separate One Card cardholder agreement, that agreement remains in effect but is no longer cross-referenced in the main User Agreement's asset protection section.
View change record →The updated terms establish a new exception to the prior prohibition on transferring user digital assets. Previously, Coinbase stated it would not transfer assets except as required by law or per user instruction. The revised language now permits Coinbase to transfer USDC designated as 'Secured USDC' to third parties pursuant to a Coinbase One Card cardholder agreement. Users who elect to use this feature agree they will be restricted from withdrawing or transferring the secured portion, and they consent to Coinbase following instructions from a designated secured party without further user approval, even if those instructions conflict with the user's own orders to Coinbase. The full terms of this arrangement are stated to be in Appendix 4, which is not included in this summary.
View change record →Current version removed the specific cap on liability amount (value of digital currency on deposit), expanded list of protected parties, added punitive damages explicitly, and broadened categories of excluded damages.
View full change record →Changed from general damages limitation to absolute cap on liability equaling only the value of digital currency on deposit in user's account, with capitalized language for emphasis.
View full change record →The agreement excludes Coinbase's liability for consequential and indirect damages, including financial losses resulting from platform outages, transaction errors, or account actions. Applicable law may limit the enforceability of this exclusion in certain consumer or jurisdictional contexts.
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To the maximum extent permitted by applicable law, Pinterest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, res...
You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COINBASE, 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 BUSINESSES OR FINANCIAL BENEFITS) WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF COINBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.— Excerpt from Coinbase's Coinbase User Agreement
1) REGULATORY LANDSCAPE: Limitation of liability clauses in consumer financial services agreements interact with state consumer protection statutes that may restrict the enforceability of consequential damage exclusions in consumer contracts. In some jurisdictions, damages arising from fraud, gross negligence, or willful misconduct may not be waivable by contract. 2) GOVERNANCE EXPOSURE: Medium. The exclusion of consequential damages, including lost profits and revenue, is material for institutional users who may suffer significant financial losses from platform outages, transaction errors, or unauthorized account actions during high-volatility market conditions. 3) JURISDICTION FLAGS: California, New York, and other states may limit the enforceability of blanket consequential damage exclusions in consumer contracts. The phrase 'to the maximum extent permitted by applicable law' acknowledges that jurisdictional limitations may apply. 4) CONTRACT AND VENDOR IMPLICATIONS: Institutional users should assess whether the limitation of liability is consistent with their vendor contract standards and whether additional contractual protections or insurance coverage are warranted given the exclusion of consequential damage recovery. 5) COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the limitation of liability applies to claims arising under applicable financial services regulations, including claims related to unauthorized transactions, data breaches, or system failures, and whether regulatory rights of action are preserved notwithstanding the contractual limitation.
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This clause limits the categories of damages users may recover from Coinbase in the event of service failures, unauthorized transactions, data breaches, or other platform-related losses, restricting recovery to direct damages subject to any applicable liability cap stated elsewhere in the agreement.
The agreement excludes Coinbase's liability for consequential and indirect damages, including financial losses resulting from platform outages, transaction errors, or account actions. Applicable law may limit the enforceability of this exclusion in certain consumer or jurisdictional contexts.
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