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The terms exclude Faire's liability for indirect, consequential, punitive, and certain other categories of damages, and cap total aggregate liability to any user at the greater of fees paid to Faire in the prior twelve months or one hundred dollars. This cap applies to all claims regardless of their legal basis.
This analysis describes what Faire'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 provision establishes a financial ceiling on Faire's aggregate liability that may be substantially lower than the actual losses a retailer or brand could experience from platform errors, data incidents, or service failures. The provision includes a qualifier acknowledging applicable law may limit its scope, which is relevant for EU and California users where liability caps may be constrained by statute or regulation.
Interpretive note: The clause's applicability may be constrained by applicable law in EU, UK, and California jurisdictions, particularly for claims involving gross negligence, data breaches, or statutory rights that cannot be contractually limited.
Under this clause, the maximum financial recovery available from Faire for any claim is capped at either fees paid to Faire in the prior twelve months or one hundred dollars, whichever is greater. Indirect, consequential, and punitive damages are excluded from any recovery against Faire under the terms as written.
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAIRE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAIRE'S AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU HAVE PAID FAIRE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (II) ONE HUNDRED DOLLARS ($100).Excerpt from Faire's Terms of Service
(1) REGULATORY LANDSCAPE: Limitation of liability clauses engage state commercial law, including California's UCC-based frameworks, and in EU contexts may interact with consumer protection directives that restrict the waiver of statutory rights. The phrase 'to the maximum extent permitted by applicable law' signals awareness that the cap may not be fully enforceable in all jurisdictions. FTC Act considerations arise if the liability cap functions to insulate Faire from accountability for platform-level service failures affecting small businesses. (2) GOVERNANCE EXPOSURE: High. A $100 floor on aggregate liability is operationally significant for retailers and brands whose transaction volumes on the platform may substantially exceed that amount; in practice, the twelve-month fee payment figure may serve as the operative cap for active platform users. (3) JURISDICTION FLAGS: EU consumer protection law and certain state-level statutes may limit the enforceability of liability caps for gross negligence, willful misconduct, or data breaches; California users may have additional rights under the CCPA for data-related claims. UK users post-Brexit may also have qualifying rights under the Consumer Rights Act or equivalent commercial law. (4) CONTRACT AND VENDOR IMPLICATIONS: Brands and retailers relying on Faire as a primary sales channel should assess whether the liability cap is acceptable relative to the financial exposure created by the indemnification clause, which runs in Faire's favor without a corresponding cap stated in the document. (5) COMPLIANCE CONSIDERATIONS: Enterprise procurement teams should evaluate whether the $100/$twelve-month fee cap is consistent with their vendor risk management standards and whether contractual amendments are available for higher-volume accounts.
This provision establishes a financial ceiling on Faire's aggregate liability that may be substantially lower than the actual losses a retailer or brand could experience from platform errors, data incidents, or service failures. The provision includes a qualifier acknowledging applicable law may limit its scope, which is relevant for EU and California users where liability caps may be constrained by …
Under this clause, the maximum financial recovery available from Faire for any claim is capped at either fees paid to Faire in the prior twelve months or one hundred dollars, whichever is greater. Indirect, consequential, and punitive damages are excluded from any recovery against Faire under the terms as written.
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