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.
Cross-platform context
See how other platforms handle Limitation of Liability and similar clauses.
Compare across platforms →"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.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Search "[your state] attorney general consumer complaint" to find your state's direct complaint form
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
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.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Faire.